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Common Appeal Mistakes for Long-Term Disability Claims in Virginia

A lot of claimants make the mistake of "appealing" the decision by either sending a letter that says, "I appeal," or by having their doctor send a letter that says something along the lines of, "I have been Mary’s doctor for a long time, she is really sick, there’s no way she can work, so she is disabled."  

  1. Insurance companies do not listen to “sob stories.” You can’t appeal to their heart – they don’t have one. The only thing they look at is the policy language, and if they can use that to justify denying benefits, they will. If you can’t be objective about your condition, call us – we know how to present your medical records in a way the insurance company will “get.” That includes working with your doctor to clarify specific restrictions and limitations instead of leaving it at “he’s really sick, he cannot work.” (That just sounds like “claim denied” to an insurance company.)
  2. Insurance companies only listen to medical records and physician opinions that directly address the reasons why they denied or terminated your claim. This gets complicated, but if the insurance company denied your claim because they said you could sit for 6-8 hours per day, you won’t win an appeal by proving to them that you have difficulty standing and walking.
  3. Using a lawyer who does not know ERISA can kill your claim. All disability attorneys are not created equal, and you should consult with an ERISA-trained attorney before moving forward with an appeal. Many Social Security Disability attorneys are great at navigating the Social Security Administration system but know nothing about ERISA. But they and their client think, “Hey, it’s a disability claim, how different could it be?” It’s really different in some important ways, and as a result, we see sadly non-ERISA attorneys investing huge sums of YOUR money in securing expert witness testimony (when often a simple letter from your doctor will do just fine) and writing complex appeals that never even address the ONLY THING the insurance company wants to know: why can’t you work? 

Why BenGlassLaw? 

  • We file more disability appeals and lawsuits claims that any other firm in our region. (Source: Pacer, the official government site for Federal Court lawsuits)
  • When we get you back on claim, we stay with you for the life of your claim and proactively manage your ongoing benefits - it's never you v. the insurance company again. At the end of 2021, we had $33 million in future disability benefits under management for our clients.
  • In 2021 and 2022, we recovered over $3 million in wrongfully denied disability benefits (we get money for the client in over 90% of the cases that we accept for representation).
  • When we represent you in a claim that has been denied, we only get paid if we win. 
  • We help people all over the country, using local counsel when required, at no additional charge to the client. We believe that disability claimants should have access to the right attorney for them, no matter where they live.
  • Our reviews speak for themselves.
  • Ben Glass has taught attorneys all over the country about ERISA processes and education. He is a subject matter expert in the industry.
  • We give free resources because our passion is empowering the sick and injured to make great decisions about their insurance claims. Download Ben's book - a comprehensive disability claim guide here. 
  • Has your disability claim been denied? We offer free denial letter reviews - send us your letter and our highly experienced team will give you a complimentary and confidential strategy to move forward.
Ben Glass
by Ben Glass
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Ben Glass is a nationally recognized ERISA disability & life insurance attorney in Fairfax, VA.