In this video Marc Whitehead, board certified disability attorney, explains how insurance companies cherry pick the evidence to their benefit.
The Disability Laws and ERISA regulations keep insurance companies in engaging in a number of negative practices that can hurt you. But they still can’t stop you from attempting the harm your case with deception.
One of the most common things that insurers try to do is Cherry Pick with evidence they decide to use from Medical and Vocational experts.
What is Cherry Picking?
Quite simply it is 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 pull out and only use evidence and statements that make it sound like the claimant is not disabled. 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 that the insurance company is doing something wrong and allows you to argue that what they’re saying is incorrect.
For example: A Doctor writing a patient a note saying they are disabled and that they can’t work because of all the pain they’re under. But somewhere else in the paperwork the Doctor says that the patient can sit for 8-hours a day, not even in context with your disability. This is something the insurance company would use against you. Saying that the patient can work in a sedentary job according to their Doctor. Even though their is evidence from the same doctor saying that they have a disability.
This is where a skilled and experienced Attorney can help. Not only will they be able to bring this important information to light, it’s possible that with their help and guidance the original problem never would have happened in the first place. Because they know how insurers operate under the disability laws and can advice you to be careful with your language.
