We do not handle Social Security Disability (SSDI) claims.

When denial of an LTD claim is bad faith

Shawn E. McDermott

Disability in any form may incapacitate you in Denver, Colorado, but a mental health disability is harder to prove, especially if it is long-term. It is difficult for insurance companies to ascertain if someone with this kind of handicap is entitled to some benefits.

For example, an insurer may fail to pay LTD insurance claims because an individual progressively returned to work. However, the plaintiff may say that when they tried to work full time, their mental health worsened. Consequently, their doctor told them to slow down again. If the insurance company chooses to stop paying benefits, the court might order the company to pay the plaintiff.

How to test if a claimant qualifies for LTD benefits

Two periods account for the test for long-term disability insurance payments. The tests include the following:

• Any occupation: This is the duration that the claimant cannot perform any functions or work gainfully. To qualify for insurance benefits, they must prove that they could not execute any chores that cover their occupation, area of training or jobs that desire their qualifications. It comes after the period called own occupation.

• Own occupation: It is the duration that describes the initial two years that an employee cannot carry out any general duties that are associated with their career. During this time, LTD insurance claims are valid.

Insurance companies should perform their duties diligently and allow LTD insurance claims. Otherwise, denial of them is in bad faith.

What to do if your claim has been denied

The mental health status of some people may be shaky after difficult periods in life, requiring LTD claim benefits to avoid financial hardship. If your employer or insurance provider denies you these claims, you may want to contact a professional attorney for help proving that your disability prevents you from working.

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