LTD Appeal was denied

Jarod

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It's a little late, but part of your problem was with your attourney. The other second problem might be that website you used. http://www.disabilityinsuranceforums.com/. That disability website has an agenda if you ask me, like most of the web forums/blogs on important subject matter.

You need to find an attourney upfront that fight the good fight all the way through court. This requires making numerous phone calls and interviewing these attourneys.

The attourney should say so right before he takes your case. If not, you will get hosed when they try to force you to settle in arbitration or will not take the insurace company to court lke you found out the hard way.

Regarding Hartford's surveillance. Here is an article on that.
 
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Sleepwalking, I am so sorry. It's a bit late, but I just joined here. This is so typical, and insurance comapnies are so cut-throat, immoral, unethical. I do not know how they can sleep. I can see some due dilegence to proove someone is not faking, but once that is determined, than they should own up to what they are bound to do. I was denied ST disability, (and therefore LT was out of the question), then I lost my job after the medical leave (it was like it was scripted). They first denied the claim after a 5 minute phone call... then (like a month later) after not receiving a reason for denial I called and they said it was not denied, but were waiting for more info... pretty much wanted the treatment notes during the 3 month process... well this brings everything to a head when it is time to go back to work...with no answers you are stuck..... more to the story but when I contacted an attorney, she basically said she would decide if she would work on consignment after reviewing the case, but if she worked on per-hour basis, it would cost $10,000 to appeal (and it might not be a sure thing). So my take is that attorneys will not take the tough cases on consignmemt, and even on per-hour basis is iffy. My take is that lawyers just want the slam-dumk easy cases. Ones with lots of precidence, lots of objective documentation. Anyhow, hope things worked out.
 
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This is the second time I have heard of these insurance companies using video surveillance to deny the big fat policy payouts. My therapist told me some crazy stuff that happened to her... if she wasn't my therapist I would think she was paranoid and nuts. She said they actually filmed her and her daughters in the bathroom. THAT should be illegal. She also said that they filmed her daughter going through a toll while driving her (there therapist's car) and claimed it was the therapist driving and said if she could drive then she was lying about the extent of her injuries. She pursued this legal battle for quite some time and lost her life's savings. And she never got her policy to payout.

And here I was mad that I dropped my disability policy, thinking that it would have been easier to collect than SSDI. We would have been talking a lot of money they would have to pay out, and I am sure they have LOTS of money and lawyers on staff to try every trick in the book to prove you are not disabled. I am probably better off having dropped the policy.
 

Judee

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I've read that some people with ME/CFS have done very well going to Workwell for a 2-day CPET for disability claims. It seems to work better for STD and LTD though than for SSDI.

Be cautious though because I wonder if doing so would work against you if they turned you down over that little bit of activity. Wow.

I agree with everyone else though. It is probably best to find a better attorney to help you before making any moves or decisions and I think, if you can, you should stick it out like @mtnbibliophile said.
 

prioris

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Insurance companies know people are under frail financial situations when they become sick so they just let the sick person twist in the wind financially so they move to desperation stage or commit suicide. They can now be low balled or left to twist in the wind more. There is no financial incentive for lawyers to touch these cases.

ERISA employer based disability does not allow damages so disability payments even if won only begin the day of court victory. There are no back payments so it makes better economic sense to fight you for next ten years. Tens of thousands of people have been screwed over for decades. Congress was well aware of this issue back in 80s and 90s but did nothing. I don't know if anything has much changed in last 15 years. Private disability allows one to collect back pay thru damage awards.

I remember around 20 years ago, Dr Cheney's office referred me to an attorney. I called the attorney and filled out my information for LTD as requested. The insurance company a couple weeks later wanted to ask me a question. I tried calling the attorney but never answered or called back. The lawyer had thrown me under the bus. I tried calling a few attorneys who did take on some CFS cases but they told me flat out that no lawyer would get involved and i was manure out of luck. I also needed a lawyer that would try in federal court to have any chance.

My ME/CFS began sometime before age 6 and it was severe at that time and it's nearly 60 years later. I haven't run across any cases in US that young. I think I have come across a few in the UK. My case being a rarity didn't help. I was fortunate to have very high salary when I went out so I am surviving OK. Took a lot of grueling will power to keep working for nearly 30 years.

For social security, if filing SSD for ME/CFS doesn't work if push comes to shove, one can file under depression. They pay you same amount of money. Depression is more easily approved although recent court cases in US has made approval for ME/CFS better from the impressions I get on this forum. I would have back up plans.

Some people think the more things they put down on an SSD application, the higher the chances for approval. That is untrue. They assess each one separate from the other. No bonus for multiple things. Plus it just slows down the process. Just focus on one thing. No need for any %&&#% lawyer until after the first appeal. Lawyers wouldn't help you answer the questions or even advise you on application anyway. Just go online and complete at your leisure.