The disability laws and ERISA regulations keep insurance companies from engaging in a number of negative practices that can hurt you, but they still can’t stop them from attempting to harm your case with deception. One of the most common things that insurers try to do is cherry-pick which evidence they decide to use from medical and vocational experts.
What is cherry picking?
Quite simply, it’s when someone looks at a number of findings, often confusing or conflicting, and chooses only those findings that support their argument. In the case of insurance companies fighting a disability claim, they will literally pull out and use only evidence and statements that make it sound like the claimant is not disabled.
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Stop Cherry-Picking – How the Disability Laws Help
Unfortunately, ERISA regulations don’t specifically prevent insurance companies from doing this sort of thing. What they do allow is for you and your representative to present counter-evidence that shows what the insurance company is doing and argues with what they are saying.
For example, let’s say that your doctor writes you a letter that says you’re disabled and that you can’t work because of all the pain you’re under. That seems pretty clear cut, right? Maybe the insurers will fight this by making you see their doctor and getting an opinion from that person which says you’re not disabled, but there’s not much they can do just using information from your doctor.
But what if, somewhere else in the paperwork, your doctor says that you can sit for eight hours a day. It might not have even been in relation to your disability, but something like this is gold to your insurer. They’ll most likely pounce on this statement and argue that the doctor is saying you could work in a sedentary job – even though they have a letter from the same doctor specifically saying you have a disability!
That’s where a skilled, experienced long term disability lawyer can help. Not only will he or she be able to bring the other information to light, it’s possible that with their help and guidance the original problem never would have happened in the first place. Why? Because they know how insurers operate under disability laws and can advise you to be careful with language.
Check out our website for more information on Long Term Disability claims and what you can do to fight for your benefits. Be sure to download a copy of our free e-book and visit us weekly for new blogs and information.
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