The disability insurance policy that you purchased, and that you are counting on, may not always be there for you when you need it. The experienced Orange County disability insurance claim denial attorneys at Quincey Law can help you fight back.
Mental health-based claims are even harder to get approved than other types of disability insurance claims. Insurance companies have a high rate of denial of any type of claim, and it is even higher when your mental health is the basis. Since a disability insurance policy is a contract between you and the insurance company, you can file a lawsuit to force them to uphold their end of your agreement.
The first step to challenge the insurance company’s denial of your disability insurance claim is to schedule a free initial consultation with Quincey Law by calling the law firm at (866) 945-9175. The disability claims insurance denial lawyers can wage a tough legal battle on your behalf.
Insurance Companies Are Skeptical of Any Disability Claims That Involve Mental Health
Any type of disability claim is difficult to get approved because the insurance company knows that they may need to pay you a significant amount of money for a prolonged period of time. It is even more challenging when you are claiming disability for a so-called subjective condition that the insurance company cannot necessarily see clearly in front of them on paper. Mental health disability claims fall into this category because they rely on what you are reporting as your own symptoms. These claims have a higher denial rate than other types. Thankfully, you are entitled to a review of any insurance company denial of your claim.
The insurance company is required to provide you with the reason in writing why they denied your claim. When it comes to mental health claims, the typical reason for denial is that the insurance company does not believe that you meet the policy’s definition of disability. They would argue that you are still able to work, and your disability is not enough to keep you from doing that.
Filing a Lawsuit for Denied Mental Health Disability Claims
When you have purchased a disability insurance policy, you have agreed to a contract with the insurance company. Your obligation is to make payments of the premium associated with the policy. The insurance company’s obligation is to cover your disability insurance claim, provided that you meet the terms of the policy. Here, the key term that you are trying to prove is that you are disabled.
Before you can dispute a denial of your mental health disability claim, you need to understand the reason for the insurance company’s decision. Then, you must gather your own documentation that can be used to challenge the insurance company’s reasoning. Presumably, you have already submitted documentation of your mental health condition in connection with the initial claim. Now that you have the insurance company’s reasoning in writing, you must compile additional proof that can be used to refute what they are saying.
Your first step in the legal process is to consult an Orange County disability insurance attorney regarding your appeal. If the insurance company is still refusing to pay your claim, or they will not reach a settlement, your disability insurance attorney can take your case to court. Because your disability policy does not come through your job, you have direct access to the court system, and you do not have to go through a formal appeal directly with the insurance company. While it does help to try to resolve your claim before a lawsuit, you do not have onerous rules stacking the deck against you.
You Can Expect a Hard Legal Battle in Mental Health Disability Claims
In the end, a court or jury would review the medical evidence that you have submitted as part of your case, along with any other testimony you have provided, in determining whether to order the insurance company to pay your mental health disability claim. These can be very hard-fought, close cases. While the insurance company may try to come up with a colorable argument about why they denied your claim, they may even be subject to a direct lawsuit if you choose to file a bad faith claim against them. Here, the insurance company would have done something to break the law, such as misrepresenting the terms of your policy or unreasonably refusing to consider any evidence that you have presented to them.
Contact a California Disability Claims Denial Law Firm
The experienced Orange County disability claims denial attorneys at Quincey Law are in your corner when you need a tough fighter who can take on the insurance company. Speak to one of the attorneys during a free initial consultation by calling the law firm today at (866) 945-9175.