Attorney, Keith R. Siskind of the Law Offices of Steinhardt, Siskind and Associates, LLC, attended the American Conference Institute seminar on Litigating Disability Insurance Claims held in Boston on September 14 and 15, 2016. The seminar addressed multiple issues associated with disability insurance claims. These issues include the applicability of ERISA, remedies, discovery, and contractual limitations. Cases often turn on the applicable standard of review to be applied by the court when resolving disability claims. The Department of Labor has proposed new Federal Regulations that will help create a more even playing field for a claimant by providing claimants with an opportunity to respond to medical reviews obtained by the insurance carrier before a final decision is issued on appeal and requiring strict compliance from insurance carriers. It is hopeful that these new regulations will become effective shortly.
More importantly, this seminar reinforced how critical it is for claimants to have experienced legal counsel when pursuing disability insurance claims. The process is cumbersome. Insurance companies increasingly seek more information to document a claimant’s disability. A claimant needs an attorney to help sort through the complex medical and other documentation that is required to get a claim approved. An attorney can assist with reviewing the claim, obtaining applicable records, securing appropriate evaluations and challenging a denied claim by the insurance company.
When a claimant becomes disabled and is unable to work, it is often a stressful time both emotionally and financially for the claimant and their families. Not only does the claimant have to deal with their medical condition and the financial loss of income, but also the minutiae of information that the insurance company seeks to document a disability. Do not try to pursue such a claim without experienced legal counsel to navigate you through this process. It can be overwhelming. You need the support that an experienced disability attorney can provide.