Long-term disability (LTD) benefits are meant to provide financial support when an injury or illness prevents you from working. However, many claimants are shocked to find that their benefits are suddenly denied after two years. This is often due to a change in the definition of disability used by insurance companies. If you’re facing a denial, Kotak Law can help you challenge the decision and fight for the benefits you deserve.
Why Are LTD Benefits Denied After Two Years?
Most long-term disability policies have a “two-year rule”, which means that after the first 24 months, the criteria for being considered disabled becomes stricter. Here’s why:
- The Definition of Disability Changes
- In the first two years, LTD benefits are typically approved if you can’t perform your own occupation due to your medical condition.
- After two years, the standard changes—you must now prove that you cannot perform any occupation for which you are reasonably suited by education, training, or experience.
- Insurers often use this as an opportunity to argue that you can do some type of work, even if it pays much less than your previous job.
- Insurers Rely on Their Own Medical Assessments
- Insurance companies may conduct independent medical examinations (IMEs) or require updated medical reports.
- If their doctors believe you are capable of working in any occupation, they may terminate your benefits, even if your treating physician disagrees.
- Surveillance and Social Media Monitoring
- Insurers sometimes monitor claimants through private investigators or check social media accounts for signs that they are more active than reported.
- Misinterpreted activities can be used as “evidence” that you are no longer disabled.
- Vocational and Transferrable Skills Assessments
- Insurance companies might conduct a vocational or transferrable skills assessment to suggest that you can do another job based on your skills and experience.
- These assessments often overlook critical factors like pain levels, cognitive limitations, and psychological challenges.
- Lack of Updated Medical Evidence
- If claimants fail to provide ongoing medical reports proving their continued disability, insurers may use this as a reason to deny benefits.
- Some policies even require claimants to undergo rehabilitation or treatment programs, and failure to comply can result in a denial.
How Kotak Law Can Help Fight a Denial
If your long-term disability benefits have been denied after two years, Kotak Law can help in several ways:
- Reviewing Your Policy and Insurer’s Decision
- Our legal team carefully examines your insurance policy to determine if the denial was justified.
- We assess whether the insurance company has misapplied the “any occupation” test or used unfair tactics.
- Gathering Strong Medical and Vocational Evidence
- We work closely with your doctors and specialists to obtain comprehensive medical reports.
- If needed, we arrange for independent medical assessments that provide objective evidence of your disability.
- Challenging Unfair IMEs and Surveillance Reports
- If the insurer’s medical evaluation is biased or incomplete, we challenge their findings with expert testimony.
- We also address any surveillance or social media misinterpretations that insurers may use against you.
- Negotiating with the Insurance Company
- Our lawyers have extensive experience negotiating with insurance companies and their lawyers to secure a fair settlement.
- Taking Legal Action
If the insurer refuses to reverse the denial, Kotak Law is prepared to take your case to court.
- We have a strong track record of winning cases against insurance companies, ensuring that our clients receive the financial support they are entitled to.
Don’t Face Your Disability Denial Alone—Kotak Law Can Help
A denial of LTD benefits after two years can be devastating, but you don’t have to go through it alone. Kotak Law specializes in fighting unfair disability claim denials and ensuring that you receive the benefits you are entitled to.
If your LTD benefits have been denied, contact Kotak Law today for a free consultation. We’ll fight to protect your rights and get you the compensation you deserve.
