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What is the biggest obstacle in a long-term disability claim?

14 Jan 2021

What is that one obstacle that you simply cannot overcome in a long-term disability claim? The answer is lack of medical support.

If you do not have medical support for your disability, you will not be able to win your long-term disability claim. Let’s imagine a scenario where you get a physical or mental condition that you claim limits your ability to work. So you go to your doctor and they prescribe some treatment and you go to a specialist, you get more treatment, you go to this doctor, you go to this physical therapist, yada, yada, yada, but you go back to your doctor and he or she says that you can still work. That is what I mean.

You need a medical doctor who is able to say that you are physically or mentally unable to work in order to qualify for long-term disability. I have never seen a situation where no medical doctors have certified that you’re physically unable to perform the main duties of your occupation and then that long-term disability claim wins. So there are several situations where maybe the doctor doesn’t quite exactly understand what you’re asking him or her to do.


Long-Term Disability Claim Quick Example

For example, I’ll tell you a story about a case I had recently where the doctor called me after getting my letter asking him for an opinion and he said, “What exactly are you asking me to do? Because I don’t think that your client is 100% disabled. I think that she can do certain other things.”


My Response to the Insurance Company

My response was, “Oh, I completely agree with you. I think that you’re right. But the standard that we’re dealing with is not a social security disability standard. What we are dealing with is an own occupation standard. So the question is not, can she do any work, the question is, can she perform the main duties of her own occupation? And if the answer to that is no, then she’s entitled to long-term disability for at least two years.”

And that was a fact and this particular doctor said, “Oh, absolutely. I agree with that 100%.” Then, he turned around and wrote us a really nice, really thorough and comprehensive and compelling letter opinion detailing why my client could not perform the main duties of her prior occupation. She won her long-term disability claim.

So that is another thing to look out for as you’re making sure that you’re compiling all the information that you need in order to win your long-term disability claim.

I hope this video has been helpful to you. If you have any questions about getting your doctors on board or getting medical support for your long-term disability claim, send me an email. I’d be happy to chat with you about it.

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Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
Nathaniel Amendola
3 months ago

Very compassionate and knowledgeable people who helped us with our situation. They worked quickly and I can’t tell you how grateful I’m they were so caring. I would recommend this firm to anyone that anyone
Lori Rudder
a year ago

The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
Wendy Shull
a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
Meghan Rudder
a year ago

Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
Amber Higby
2 year ago
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