First, you should never underestimate or attempt to downplay your medical conditions. If your doctor has ordered that you refrain from lifting more than ten pounds, then you should not lift more than ten pounds, or tell your insurer that you are able to lift more than ten pounds. If it appears that you are not following your doctor’s orders or that you really don’t need to follow your doctor’s orders, you could be giving the insurance company an easy way in which to deny your benefits.
In addition to following your doctor’s orders, you need to get medical treatment on a regular basis. Again, failing to seek regular treatment or follow through with doctor’s recommendations about returning for or undergoing treatment may cause the insurer to conclude that you don’t need medical treatment, and therefore are not disabled. There are certain exceptions for this rule depending on the disability, symptoms and doctor’s orders, but nevertheless, LTD plans often require regular medical treatment in order to receive benefits.
You also should refrain from engaging in activities that may be detrimental to your disability claim. Many insurers use investigators and surveillance techniques to catch you in behavior that they feel undermines your disability claim. This means that you have difficulty walking or suffer from constant pain, then you probably shouldn’t be carrying heavy bags of groceries up three flights of stairs or running three miles per day for exercise.
Finally, do not bring up other reasons that you might be seeking disability benefits. Don’t explain that if you’re no longer able to work, then you will be free to care for your sick mother or better support your daughter’s traveling volleyball team. Don’t talk about the fact that you don’t get along with your boss or your employer has been trying to get you to retire for years. In other words, don’t give the insurance company any additional information that it later may be able to use against you in denying your claim for disability benefits.
When you are disabled and unable to work, we know that every dollar can be crucial to the support of your household. Therefore, you need legal advice about building the most effective ERISA long-term disability claim possible and guidance as to the pitfalls to avoid. Bonnici Law Group provides skilled, aggressive legal representation on a regular basis for individuals who are seeking long-term disability benefits under insurance policies governed by ERISA. Our priority is to represent your interests and protect your rights to the benefits that you deserve. Call us at 619-259-5199 and schedule an appointment to meet with us about your case today.