What is my best plan for appealing a denial of my continued STD benefits? Should I have an attorney represent me?
3 attorney answers
It does sound like the other attorneys here laid out the many problems people have with STD/LTD. Another thing to think about, sometimes a worsening of a non work condition or a slowly produced repetitive injury can be the basis for a workers compensation claim. If there is any potential worsening or slowly produced harm, it would be worth talking to a WC attorney as well. The consults are free in that case as well and the coverage is much broader than people expect.
Mr. Brennan is licensed to practice law only in Pennsylvania and New Jersey. Responses are based solely on Pennsylvania law unless stated otherwise. Please note that this answer does not constitute legal advice, and should not be relied on, since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. The response given is based upon the limited facts provided. To the extent additional or different facts exist, the response could change.
We see this all the time. Insurance carriers approve benefits for a short time and then cut you off. It’s not fair and you should definitely consider appealing. While I tell my clients that they can try to apply on their own, I always recommend getting an attorney quickly if denied. There are very few lawyers who handle STD/LTD claims, and many of us work on a contingent fee so you don’t have to pay unless you win. Most of us are more than happy to provide a free consultation. Just ask. Eric Shore
Please understand that I do not represent you until we both sign a retainer agreement and that the information I provide here should not be considered legal advice. It is for informational purposes only. I am licensed in PA and NJ and handle employment discrimination, wrongful termination, sexual harassment, social security disability, workers' compensation, civil rights and personal injury cases. I never charge a fee unless I am retained and help my client win.
I am sorry to hear about your misfortune. I hope you are better soon.
What you are describing is typical conduct for the STD carrier. It is unsurprising that it does everything it can in an attempt to avoid payment. There is always something more that it wants. Then, it uses nurse case managers and in-house doctors to say that your condition is not as serious as it your doctors make it out to be.
The law, unfortunately, supports its actions as it can be very difficult to overturn these decision. It is very important that you try to find an attorney who can help you with the appeal. The attorney will be aware of the information that can set the case up for court review should that information not get the STD carrier to change its mind. Do not wait to get an attorney as the time limit to gather and submit information is very limited. Good luck.