A man stopped working after his doctor wrote an “off work” note. The man then applied for disability benefits under his employer's long-term disability policy. Unfortunately at the time he went out on disability the medical records did not support the claim. While he had some pain, he had no diagnosis. He was not diagnosed with fibromyalgia until 18 months later.
The disability insurance company denied his claim. The man claimed that his records 18 months later supported his not being able to work. Inexperienced ERISA long-term disability attorney would've been able to help this man to previous ability planning. What he needed to know was that his medical records around the time that he left work did not support the claim. This is the critical time That insurance, we will look at to determine whether, at the time you stop working, you met the plants definition of disability.
Pre-disability planning should include:
- A review of your employer's long-term disability policy so that you know exactly what the definition of disability is
- A review of your medical records and discussion with your physician to make sure that those records and his opinion match up with the definition of disability
- Consultation with an experienced ERISA long-term disability attorney. Sometimes the best advice is that you not stop working (yet).
For further information read Robbery Without a Gun, (why your employer's long-term disability policy may be a sham.)