Hiring an Attorney to Fight a Denied Long-Term Disability Insurance Claim for Long COVID

The emergence of COVID-19 has left an indelible mark on global health, economies, and individual lives. While many recover fully from the virus, many continue to experience lingering symptoms—a condition now widely recognized as “long COVID.” For those continuing to suffer debilitating effects of this virus, returning to normal life, including work, can be challenging or even impossible. Many individuals must turn to long-term disability (LTD) insurance claims to support themselves financially. However, the path to securing these benefits is often fraught with obstacles, and many find their claims denied. The attorneys at Robinson & Warncke can help you navigate the issues you face when a claim for disability due to Long Covid is denied and have experience helping others with the same diagnosis.

If you’re facing a denied LTD claim due to long COVID, hiring an Atlanta, GA attorney might be your best course of action. Here’s why enlisting professional legal assistance can make a significant difference in your pursuit of the benefits you deserve.

 

Why Insurance Companies are denying long COVID Claims

Long COVID is a relatively new medical phenomenon characterized by symptoms such as fatigue, shortness of breath, brain fog, and chronic pain that persist for weeks or months after the initial infection. The novelty of this condition poses unique challenges in the context of LTD claims:

1. Lack of Established Medical Guidelines: Because long COVID is still being studied, there are no universally accepted diagnostic criteria or treatment protocols. This uncertainty can make it difficult to provide the concrete medical evidence that insurance companies often require.
2. Skepticism from Insurers: Insurance companies may be skeptical about the severity or even existence of long COVID symptoms, leading them to deny claims based on insufficient evidence.
3. Complex Policy Language: LTD insurance policies are often filled with legal jargon and stipulations that can be confusing to the untrained eye. Misinterpretation of these terms can lead to inadvertent non-compliance, resulting in claim denials.

The Benefits of Hiring Robinson & Warncke to help you fight your claim

Navigating the labyrinth of LTD claims, especially for a condition as complex as long COVID, requires expertise that most claimants do not possess. Here’s how an attorney can help:

1. Expertise in Disability Law

Attorneys specializing in ERISA disability law understand the intricacies of LTD policies and the legal framework governing them. They can:

• Interpret Policy Language: Clarify the definitions and provisions in your policy, ensuring you meet all necessary criteria.
• Identify Legal Grounds for Appeal: Determine if the denial was based on incorrect interpretations or procedural errors.

2. Gathering Comprehensive Medical Evidence

An attorney can collaborate with medical professionals to:

• Obtain Detailed Medical Records: Ensure all symptoms and limitations are thoroughly documented.
• Secure Expert Opinions: Gather statements from specialists who can attest to the severity of your condition and identify specialized testing such as CPET and cognitive testing where appropriate.
• Translate Medical Terms: Present medical evidence in a way that clearly demonstrates your inability to work.

3. Handling Communication with the Insurer

Insurance companies often have teams of adjusters and lawyers whose goal is to minimize payouts. An attorney can:

• Negotiate on Your Behalf: Engage with the insurer to address their concerns and counter their arguments.
• Prevent Missteps: Advise you on what information to share, preventing unintentional statements that could harm your claim.
• Ensure Compliance: Make sure all communications and submissions meet legal and policy requirements.

4. Managing the Appeals Process

If your initial claim is denied, the appeals process can be even more complex. An attorney can:

• File Timely Appeals: Ensure all deadlines are met to keep your claim active.
• Prepare Legal Arguments: Develop a strong case based on legal precedents and the specifics of your situation.
• Represent You in Hearings: Advocate for you during administrative hearings or court proceedings, if necessary.

Insurance companies are businesses with vast resources aimed at protecting their financial interests. Going up against them without legal representation can put you at a significant disadvantage. An attorney levels the playing field by bringing:

• Knowledge of Insurers’ Tactics: Understanding common strategies used by insurers to deny claims and where insurer’s missteps may give you an advantage.
• Experience in Similar Cases: Drawing from past cases to predict challenges and craft effective responses.
• Legal Authority: The ability to initiate litigation if your claim and internal insurance appeals are denied.

How can an attorney help me fight my denied claim?

The ultimate goal of hiring an attorney is to increase the likelihood of a successful claim. Attorneys can:

• Spot Weaknesses in Denials: Identify flaws or inconsistencies in the insurer’s reasoning.
• Customize Strategies: Tailor their approach based on the specifics of your case and the insurer’s practices.
• Stay Updated on Legal Developments: Use the latest legal precedents and regulatory changes to strengthen your claim.

Dealing with long COVID is stressful enough without the added burden of a denied LTD claim. Hiring an attorney allows you to:

• Focus on Your Health: Concentrate on recovery rather than navigating legal complexities.
• Reduce Stress: Feel confident that a professional is handling your case effectively.
• Avoid Costly Mistakes: Prevent errors that could further delay or jeopardize your claim.

What are the costs associated with hiring an attorney to help me fight my claim?

Many people hesitate to hire an attorney due to cost concerns. However, most disability attorneys work on a contingency fee basis, meaning:

• No Upfront Costs: You don’t pay unless your attorney successfully secures your benefits.
• Aligned Interests: Your attorney is motivated to maximize your award since their fee is a percentage of the benefits obtained.
• Transparent Agreements: Fee structures are typically outlined clearly from the outset.

Facing a denied long-term disability claim for long COVID can be an overwhelming and disheartening experience. The complexities of the condition, coupled with the intricacies of insurance policies, make it difficult to navigate the claims process alone. Hiring an attorney offers numerous benefits—from expert legal knowledge and strategic planning to emotional relief and financial security.

Our Atlanta, GA LTD attorneys can be the advocate you need to fight for your rights, ensuring that you receive the support necessary to manage your health and well-being. If you find yourself in this challenging situation, consider reaching out to a qualified disability attorney. Their expertise could be the key to unlocking the benefits you deserve, allowing you to focus on what truly matters—your recovery.