You fought long and hard to get the long-term disability benefits you deserve what the insurance company is already setting you up for termination of your long-term disability benefits.
Unfortunately, it is not uncommon for long-term disability carriers to target high-paying cases or cases where the definition of disability will soon change for termination.
The long-term disability carrier isn’t going to call you up and say “Away we go!” No, they will probably send you a vague letter saying they’re going to be doing a review of your case. They are not fooling and this is not fluffy letter.
So, what are they going to do?
First, they are going to contact your doctor to try to get a statement that will be used to terminate your benefits. They will try to get your doctor to say that you can work, that you can work in some accommodate position, that your diagnosis is only based on your complaints to the doctor, that their peer review doctor (who has never seen you) says you can do this activity or that activity and won’t they just agree, that they have surveillance on it and you’re doing lots of things are not supposed to be doing so won’t your doctor agree you can work, etc.
One of the first things that I do as your attorney is to revoke all medical authorizations you signed. Why? Because they will talk to your doctor without my knowledge! They will allegedly have conversations with your doctor and send a letter that “summarizes” the conversation. More often than not, there’s never been a conversation or they twisted what your doctor said… Then I have the pleasure of going back to your doctor and trying to undo the unfavorable “what we discussed” letter that your physician signed.
They will also said the infamous letter to your doctor that says “If you don’t comment or disagree with what our doctor says, we’re going to pursume you agree with what our doctor said.” I try to avoid this by revoking the medical authorization. If they want to have a real truthful conversation, I’ll be present and it will be recorded!
Insurance companies will also do a background check on you to find out what you own, what bank account you have, and your credit information. I think they do this just find out whether you are living on a limited means and can sustain your lifestyle through their continued denials.
One of the tools in the disability carrier’s insurance bag is surveillance which will be the subject of another posting. Be careful of calls to your home. If you get calls, and the caller hangs up that’s a sure sign of surveillance. If there’s a strange vehicle down the street, there is surveillance. If there’s an investigator asking your neighbors questions about your activities, there is surveillance.
Don’t put up with it — call the police every time you suspect you are being surveyed.
Another favorite is to schedule you for a functional capacity evaluation evaluation by a doctor the disability carrier has selected. Immediately retain an experienced disability attorney as there are things that can be done to either stop the evaluation or make sure that you are protected during the evaluation process. The disability insurance companies hire the same folks for the same results – denial.
Lastly, there is the home interview which will be the subject of a comprehensive posting. Simply put, don’t let them in your house. You don’t have rats in your house — don’t let an investigator in. And, by all means, don’t talk to the claims adjuster. They’re taking notes about what you say you can’ and cannot do — they’re not calling to have a social conversation.
Answering these broad-based questions isn’t easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.