LTD Denied me again ....2nd appeal

Discussion in 'Fibromyalgia Main Forum' started by lin21, May 7, 2003.

  1. lin21

    lin21 New Member

    I found out yesterday LTD is planning to deny me again but they haven't closed my folder yet. I have an appt. with a shrink this a.m. but I'm not going to let them get away with okaying me because of depression because I think that's what they want.
    Calling the lawyer today.
    LTD denied me on the basis that their isn't enough medical documentation. What a crock!!!!
    I'm also following up with another rheumie and neuro before they close my file.
    Any thoughts on this would be appreciated.
    Needless to say I'm very distraught.

  2. ReallyTired

    ReallyTired New Member


    If this is an ERISA insurance case, it is extremely important to delay the closing of your file until you have sufficient proof that you are disabled. Once closed and they deny you the second and final time, you will have little recourse if this case goes to a federal judge. The judge will only look at what is contained in the file and you will not be able to add any further evidence to support you claim. It is very important (can’t stress this enough!) that you have several (2-3) good doctors with exceptional credentials that will write a detailed disability report to support your claim. Even if you have to go outside of your health plan to get it, it is worth every penny that you will spend to accomplish this. Your lawyer should be able to refer you to the appropriate doctors that may be able to do this. If he/she can’t, then you don’t have a very good lawyer.

    First, have your lawyer delay the final decision because you are still in the process of proving your claim and do not want them to make a decision until they have all the facts.

    Secondly, get the disability reports at all cost (from the best doctors possible). Make sure they are all on the same page discussing you illness and disability. Down play any psychiatric care you might be getting at the moment and only address this subject as a secondary problem (medication for sleep problem, emotional distress, etc.). Have sufficient testimonials from family, friends and co-workers describing what you were like before and after your illness. A written testimony from yourself is also a good idea expressing what this DD has done to you and why you’re not able to work at “any” job at this time and for any foreseeable future. Be extremely detailed and have your family or friends help you do this.

    Good luck and keep us posted……

    Wishing you well, Reallytired….
  3. lin21

    lin21 New Member

    I had good documentation from 3 doctors stating I have severe fibro, weakness and numbness in upper & lower extremities , fall, drop things, sleep disorder and they still denied me.
    I get your point and I'm contacting the attorney tomorrow.
  4. ReallyTired

    ReallyTired New Member

    that you are completely disabled and will be for any foreseeable future. You cannot work at any job at this time and for any foreseeable future.

    These wordings are important and key to winning your claim.
  5. david_olenick

    david_olenick New Member

    that is not a crock. i got disability without even going to a hearing. a friend became irrate. i told him that he hasn't been to a doctor in years, not on food stamps and that when people are suffering they want help, not money. you need to have 3 things wrong with you. 1. rhuematoid 2. depression 3. whatever
    go to the doctor with your arm in a sling or using crutches. they only believe what they see and if you expect em to believe what you tell em they'll think it's in your head or that you are just complaining. you better exxagerate your problems and tell them that you don't deserve it but you don't have any place to turn.
    i know one guy that got down on his elbows and crawled into the dr.s office. he knows what they are like and got treated. otherwise they would have told him to stop smoking, quit eating, and excercise more.
    good luck[This Message was Edited on 05/09/2003]
  6. kredca4

    kredca4 New Member

    I hope you can get a Delay on their descion.

    I got my Disability the first try, but I wasn't dx at the time, I have co-exisiting condition's, and that's what the desicion was based on. So make sure that the other Conditions you have are also Mentioned, each conditions should be looked at on it's own limition's, and then add them up and what you get is a Person who cannot Work, but Wants to. Somtimes you have to go in through the Backdoor.

    Talk to your Lawyer for sure, and good luck,