Nearly 56.7 million individuals have been diagnosed with a disability – nearly half of which are severe. That means 19 percent of the United States population may be eligible for benefits through the Social Security Administration; however, receiving rightful benefits through insurance companies can be difficult.
The United States Census Bureau collects and evaluates information on individuals with disabilities nationwide. Here are some of their findings:
- Of the individuals 15 to 64 with severe disabilities, 10.8 percent experience persistent poverty.
- 41 percent of people 21 to 64 with any disability are employed.
- Employed adults with disabilities earn nearly $800 less than employed adults with no disabilities every month.
- About 8.1 million people have difficulty seeing. Of those individuals, 2 million are blind or unable to see.
- Nearly 7.6 million people experience difficulty hearing – 5.6 million of who use hearing aids.
- Roughly 30.6 million people have difficulty walking or climbing stairs. Individuals who use wheelchairs, canes, crutches, or walkers also fall into this group.
- Almost 15.5 million adults have difficulties with one or more daily activities as a result of their disability.
- More than 21 percent of adults with disabilities are uninsured.
With nearly 1 in 5 Americans dealing with a disability on a daily basis, it’s important for insurance companies to work fairly and proactively to make sure individuals get the assistance and compensation they deserve. Unfortunately, when claims are denied many individuals are left confused and feeling hopeless. That’s where we can help. Our Little Rock disability insurance claims attorneys are prepared to fight for your rights.
In order to understand your rights and options, let’s first go over how Arkansas defines disability.
Defining Disability in Arkansas
Arkansas refers to the Social Security Act to define disability. According to that act, disability is the inability to engage in any substantial gainful activity as a result of any medically diagnosed physical or mental impairment. This diagnosis is expected to last a minimum of 12 months or result in death.
The individuals who may qualify for disability benefits are disabled workers under the age of 65, individuals who became disabled prior to turning 22 and are dependents of deceased or disabled parents, and widows – in the event their spouse was insured under Social Security.
While disability benefits are usually divided into short-term and long-term benefits, it’s important to know that Arkansas does not provide short-term disability benefits. An attorney can help you understand the complexities of Arkansas’ laws. Now let’s take a look at why disability insurance claims are denied.
Why Disability Insurance Claims Are Denied
While there are a variety of reasons a disability insurance claim may be denied, here are the most common:
Lack of Medical Evidence. If the insurance company feels there is a lack of substantial physical evidence to support your disability claim, they may deny you. In order to successfully prove your disability with medical evidence, you’ll need your medical records to show your disability has interfered with your ability to work. The medical charts kept by your primary care physicians will be the most useful evidence during this time.
Failure to Follow Medical Advice. If you neglect the treatment plan established by your doctor for your disability, the insurance company may deny your claim. This is because the insurance company will be unable to determine what would have happened to your disability had you followed through with the follow-up treatments.
Previous Denial. Many people assume it is better to file a new claim in the event of a denial, instead of filing an appeal. This is not the case. In some cases, your insurance company will deny your second claim without looking any further if they see you’ve already been denied.
Failure to Cooperate. Dealing with insurance companies can be difficult, but if you fail to cooperate during the claim process they may deny you. Make sure you have all the requested documentation ready and remain in contact with the person handling your case.
High Income. In some instances, if you are continuing to earn income while seeking disability benefits your claim can be denied.
In the event your claim is denied, you have the right to file an appeal to request reconsideration. It’s important to note that once an insurance company denies your claim, you have a limited number of days, usually 180, to submit information and records to the insurance company that may eventually determine whether receive the benefits you deserve.
This time is known as the appeal period. After reexamination, the insurance company will provide its final decision and a judge will determine whether that decision stands. At this time, it’s incredibly important to have a reliable legal team at your side.
Get Help from a Little Rock Disability Insurance Claims Lawyer
Our Arkansas disability insurance claims lawyers know the law and regulations regarding insurance claims, how to unscramble complicated disability insurance policies, and how to prepare an appeal that will lead to a win in a court of law.
If you need legal help with a denied disability insurance claim, call us at your first notice of the denial. The more time we have to build evidence, the better your chances. We have considerable experience in litigating insurance claims in Arkansas state and federal courts. Contact us today.
