Lawyers aren't supposed to guarantee results. The bar hates it and sends you certified letters telling you to stop it if you run ads guaranteeing results. But, at BenGlassLaw can guarantee some results.You Can't Fake a Disability and Win Disability Benefits

Recently a woman lost her long-term disability case in Federal Court in Maryland (this was not our case). As the court opinion noted, she lost for a couple of big reasons:

  1. Her own doctor, when questioned by the insurance company, said she could work.
  2. Two functional capacity tests that she paid to undergo suggested that she was not using maximum effort - "faking it."

We see claimants every day who have serious disabilities and are fighting to keep the benefits to which they are entitled. We also see claimants who file long-term disability claims, but post pictures of themselves playing golf, running, or partying on Facebook.

Look, we understand that everyone makes mistakes. Perhaps that picture you posted on Facebook was taken several years ago before you were disabled. Or, maybe your doctor never wanted to be involved in a long-term disability claim. If that is the case, you should be aware how those things can damage your claim. The long-term disability company will protect their profits no matter what, and you have made it easy for them to deny your claim by making a few bad choices.

Before you file a long-term disability claim, make sure you are aware of the risk and possible outcomes. For example, the insurance company will spy on you, interview your neighboors, and search your social media profiles. Sometimes, your claim can be denied because you put too much effort into the Activities of Daily Living Questionnaires.

There is one thing I can say for sure. If you are feigning a disability, your claim will be denied. In fact, I guarantee that. It is hard enough for those who deserve their disability benefits to get their claim approved, so do not imagine you can trick the long-term disability insurance company. If you come to us and your records show that your doctor thinks you can work and you've tried to fake your test results we will guarantee that you will lose.

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.
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