馃攳
How to appeal a denial of short-term disability? - YouTube
Channel: Resolute Legal Disability Lawyers
[5]
hi i'm disability lawyer david brannan
[7]
in this video i'm going to answer the
[8]
question how do you appeal
[10]
a denial of short-term disability
[11]
benefits this is a very common question
[14]
we get
[14]
and by the end of this video you'll know
[16]
the basic process that you can use to do
[18]
this type of appeal
[19]
now if you like the video please go
[21]
ahead and hit that like button leave us
[22]
some comments and hit the subscribe
[24]
as we get these videos out several times
[26]
a week so if you apply for short-term
[28]
disability benefits
[29]
and the insurance company your claim
[30]
administrator denies your claim
[33]
or if you've been receiving benefits and
[35]
they get cut off before
[36]
you know the full benefit period you
[38]
have the right to appeal that decision
[40]
this is called doing an appeal it's not
[43]
a very difficult
[44]
process it's actually quite
[45]
straightforward with short-term
[46]
disability claims
[47]
so the appeal process is pretty much the
[50]
same no matter
[50]
what type of short-term disability plan
[52]
you're enrolled in the first step in
[54]
any plan is to notify the claim
[56]
administrator which is often an
[58]
insurance company
[59]
not always is to notify them that you
[62]
want to appeal
[63]
they will have various deadlines for you
[65]
to get the paperwork in and that kind of
[66]
thing
[66]
just know that these deadlines are kind
[68]
of loose they're not hard deadlines
[70]
they will give extensions and so there's
[72]
usually some flexibility there
[74]
not always but usually once you know the
[76]
deadline
[77]
you just need to then go about getting
[78]
together new information
[80]
to send in for your appeal they are
[83]
generally not gonna
[84]
there's no chance they're gonna change
[85]
their mind if you don't send in anything
[87]
new
[88]
often that's gonna have to be new
[89]
medical information ideally
[91]
however sometimes if the if the reason
[92]
for denial is just they're mistaken
[94]
about something that's
[95]
easily corrected by you telling them
[97]
then possibly you could do that
[99]
that is not usually the case usually
[101]
you're going to need new medical
[102]
information the hardest part about these
[104]
appeals is
[105]
identifying what the issues are what the
[108]
problems are and what new information
[110]
you need to get
[111]
that is the hardest part about doing
[112]
these appeals we would recommend that
[114]
you get in touch with us for a free case
[116]
review
[117]
we can look at their letter that they
[119]
sent you and possibly even get a copy of
[121]
their claim file for you
[123]
once we review all that we'll know what
[125]
the key issues are from their point of
[126]
view what are the red flags from their
[128]
perspective
[129]
and what medical information is missing
[132]
then once you know that information you
[133]
now know what information to go get
[135]
in terms of things that need to be
[137]
clarified new medical opinions to
[139]
clarify
[139]
things and once you get that new
[142]
information
[142]
in it gives you a much better chance of
[144]
having this appeal
[146]
approved because you are directly
[148]
addressing the
[149]
problems and issues that they have with
[151]
your claim so once you get all your
[153]
information together and send it on into
[154]
them
[155]
they usually will take 30 days or so to
[157]
review it and to get back to you with a
[159]
decision
[160]
once they come back with a decision if
[162]
it's not favorable and they continue to
[164]
deny your claim you usually can appeal
[165]
again
[166]
often up to three times these appeals
[168]
again are done directly
[170]
with the claims administrator but again
[173]
this process can vary depending on the
[174]
plan but usually you'll get
[176]
at least two sometimes three appeals
[178]
directly with the claims administrator
[180]
once you get to the end of those appeals
[182]
those two to three appeals
[184]
directly with the insurance company your
[185]
claims administrator then that's where
[187]
these processes diverge depending on
[189]
your situation
[190]
to get a final decision on a short-term
[193]
disability claim you
[195]
you are either going to have to go to
[196]
the court and have a judge make a final
[199]
decision and that's very easy to do
[201]
with the help of a lawyer or you are
[203]
going to have to go into some type of an
[205]
arbitration or hearing process
[207]
now the most common process is this
[210]
court process
[210]
it's called a legal appeal the less
[213]
common process
[214]
is the hearing arbitration process that
[217]
is there if you are
[218]
it's only there if you're a member of a
[220]
union and there's certain restrictions
[221]
on how this
[222]
appeal needs to be handled and so it's
[225]
important to know if that's your
[227]
situation
[228]
or if you have the right to do this
[229]
legal appeal it's very important to know
[230]
which route you need to take so that you
[232]
don't miss any deadlines
[233]
now what i would recommend is if you
[235]
have been denied
[237]
don't take any further steps until you
[239]
get legal advice from either us
[240]
or another experienced disability lawyer
[243]
the key thing here is you need to know
[246]
you need to know basically what are some
[247]
of the reasons they denied your claim
[249]
some of those will be written in the
[250]
letter you got but some of them just may
[252]
not be written
[253]
sometimes there's unwritten reasons for
[255]
denial and any good lawyer is going to
[256]
be able to have a
[257]
sense when hearing your situation
[259]
they'll have a better idea of what the
[261]
real reasons are and can give you some
[263]
ideas
[263]
on the strategy to use so that's all for
[265]
now i hope you enjoyed this video
[267]
please hit that like and don't forget to
[269]
leave us some comments
[270]
and also to subscribe
[303]
you
Most Recent Videos:
You can go back to the homepage right here: Homepage