Colorado Disability Insurance Lawyer

One of the worst things that can happen after you become disabled is to have your private disability insurance claim denied. You purchased this policy to help you in just this type of situation and now you are trying to battle for the benefits you rightly deserve. You do not have to fight alone. The Colorado disability insurance lawyers of Cannon Law are here to help. Contact us today for a free case evaluation where we can review your legal rights and options.

What Is Disability Insurance Bad Faith?

Insurance companies are for-profit entities that make money by bringing in more money in premiums than they pay out for claims. However, their actions are heavily regulated. Insurance bad faith occurs when an insurer does not fulfill its contractual obligation to pay a policyholder’s valid claim or fails to process the claim in good faith. Disability insurance bad faith occurs when an insured’s disability claim under their policy is wrongfully denied or delayed.

Some examples of insurance bad faith include:

• Refusing to return phone calls or other communications from the insured
• Failing to properly investigate claims
• Causing unnecessary delays
• Paying too little based on the value of the claim
• Misrepresenting policy language or terms
• Denying valid claims without a valid basis
• Making unreasonable settlement offers
• Failing to provide a reason for denial
• Citing non-existing policy language as a reason for denial

Common Reasons for Disability Claim Denial

There are many reasons why a disability claim can be denied, such as:

• Pre-existing condition – Claims can be denied if the insured enrolls in disability insurance through their employer and becomes disabled within 12 months of their coverage effective date due to the pre-existing condition exclusion. Disability plan administrators can investigate whether the claimant received medical treatment or medication for such conditions. These exclusions are usually associated with long-term disability benefits instead of short-term disability benefits.
• Not actively at work – Another reason why the disability claim is denied is because the employee was not “actively at work” at the time the disability arose. Most disability insurance policies require the claimant be “actively at work” in order to receive disability benefits. If the claimant was on a leave of absence or to take care of a loved one when they make their claim, it may be denied.
• Not continuously disabled – A similar reason for denial is that the claimant was not continuously disabled through the elimination period. Claimants must generally be continuously disabled throughout the elimination period to be eligible for disability benefits. If the claimant’s condition improves during the elimination period, the disability plan administrator may state that the claimant is no longer disabled.
• Failure to provide required documentation – Claimants must cooperate with their insurance company. They may be required to submit proof that they are under the regular care of a physician. The claimant may need to provide objective evidence, such as laboratory test results, imaging results, clinical findings, doctor’s notes, and similar information. The claimant may also need to provide documentation from their treating doctor that clearly explains why they cannot work. Claimants may also be required to submit proof of loss. If the claimant fails to provide the requested information within the allotted time, their claim may be denied.

While these reasons can be valid for denying a claim, they are not always. Every case is individual and must be individually investigated and processed.

How a Colorado Disability Insurance Lawyer Can Help

Disability lawyers have experience with Colorado Public Employees’ Retirement Association and ERISA plans. A Colorado disability insurance attorney can assist you with your disability claim by:

• Reviewing applicable policy language
• Identifying additional evidence is necessary to support the claim
• Supplementing the claim file to better develop it
• Requesting necessary medical opinions
• Making timely appeals
• Handling communications with the insurance company on your behalf

Our team will fight diligently to prove your eligibility and that you are entitled to benefits.

Contact Our Colorado Disability Insurance Lawyers

If your disability provider has wrongly denied your claim or otherwise acted in bad faith,  Cannon Law wants to help. Our Colorado disability lawyers can investigate the circumstances and the insurance company’s tactics for evidence of bad faith. Contact us at (970) 471-7170 for your free and confidential consultation.