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Appeals Under Disability Policies

By: Michael B. Murphy, QC, Senior Partner

If you have been denied coverage under a disability policy, the company often avails to you to levels of “appeal”. These “appeals” are not part of a policy and are simply designed to wear you out so that you ultimately will go away. That sounds harsh but it has been my experience in the last 37 years that this is true.

A normal “appeal” is where a neutral third party makes a decision in a dispute between two other parties. The two disputing parties in this case are the insurance company and its insured/claimant. In fact, these so-called appeals that are provided by the disability company are not sent to a neutral third party but to somebody who works for them within their structure. In other words, as I have often said, you are appealing from one cubicle to the person in the next cubicle.

If you have a claim that has been denied you can avail yourself to these “appeals” in the hope that a reconsideration by the company will give you the benefits you require without you needing a lawyer. However, if it is clear, at least in your mind, that the insurance company is never going to pay you then don’t feel required to go through these so-called appeals because it is a waste of time.

Issue a lawsuit against the disability company regardless if you have not issued the first appeal or appealed onto the second appeal. These “appeals” are misnomers. They are designed to make you believe that in fact a neutral third party is looking things over. It’s like if you are divorcing your spouse and there is a fight, and you can’t come to a disagreement… Do you appeal it to your mother-in-law? I don’t think you do. There is no difference here. Your mother-in-law is not going to side with you. Surprised?

Don’t let the disability insurance companies wear you down! Contact us today and we will help you fight for fair compensation.

DISCLAIMER: The publications on this website are intended to provide information of a general nature and not legal advice. The information contained in this publication is current to the date of the publication and may be subject to change following the publication date.

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