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I made a mistake and I am afraid it will damage my long-term disability claim.Q: I experience severe cognitive problems/brain fog in addition to physical symptoms, and at times the simplest tasks are very difficult for me. Anyway, it took me weeks to feel well enough to fill out a simple supplemental claim form for the LTD Company. Today I filled out the form and also prepared a fax cover sheet to my doctor so I could send him a copy of what I sent to the LTD Company for his files.

I managed to send the fax addressed to my doctor to the LTD by mistake. Since this is a new doctor, I included a message to the doctor noting that I have an attorney who specializes in LTD review most information that is submitted and advised him not to submit anything if requested until the attorney gets a chance to review it. I also noted that I have not had any problems with my benefits but want to continue having forms reviewed as a safeguard.

Up until now, the LTD Company had no idea that an attorney was involved. Do you think anything will come of this? Will this be a red flag to the insurance company to investigate me further or more intensely? I am genuinely not capable of working or doing much else and the stress of always worrying about my benefits certainly does not help matters.

A: This is a mistake that will probably bring your claim under closer scrutiny with insurance companies. We are often asked to represent claimants right from the beginning, i.e., before they file for benefits. When the insurance company finds out about our involvement, it always acts like this is a complete surprise and is "hurting their feelings."

I suspect that the insurance company also won't be happy to learn that an attorney is vetting the doctor's reports. You see, claimant's attorneys are always very suspicious of the reports generated by the insurance company doctor.

This was a huge error. Hopefully, it will not be fatal to your claim.

Ben Glass
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Ben Glass is a nationally recognized ERISA disability & life insurance attorney in Fairfax, VA.