Advocating for Fair Treatment

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 live in persistent poverty.
  • Forty-one 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 have trouble hearing – 5.6 million of whom 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 because of their disability.
  • More than 21 percent of adults with disabilities are uninsured.

With almost one in five Americans dealing with a disability on a daily basis, it’s vital 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. To better understand your rights and options, let’s first go over how Arkansas defines disability.

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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 because 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 before turning 22 and are dependents of deceased or disabled parents, and widows—in the event the 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 law. Now, let’s 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:

High Income

Sometimes, if you continue to earn income while seeking disability benefits, your claim can be denied.

Previous Denial

Many assume it is better to file a new claim in the event of a denial than an appeal. This is not true. 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 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.

Failure to Cooperate

Dealing with insurance companies can be difficult, but they may deny you if you fail to cooperate during the claim process. Make sure you have all the requested documentation ready and remain in contact with the person handling your case.

Lack of Medical Evidence

If the insurance company believes there is a lack of substantial physical evidence to support your disability claim, they may deny you. 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 helpful evidence during this time.

If 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 you 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 the decision stands. At this point in the process, it’s incredibly important to have a reliable legal team on your side.

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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. With our legacy of over 70 years serving the Little Rock community, our legal team has built a reputation for legal excellence through personalized, professional legal counsel. 

If you need legal help with a denied disability insurance claim, call us at your first notice of the denial. The more time we must build evidence, the better your chances. We have considerable experience in litigating insurance claims in Arkansas state and federal courts. Contact us today.

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