I have posted before about this whole disability issue but it seems to keep going on and on. In short, after being on long term disability thru my employer, my insurance company sent me for an IME and based on that IME, they closed my disability claim. I had a lawyer review the documentation along with a second opinion by a neuro psychologist that I have seen before. He basically said that it would cost way too much money to try to fight their decision and the likelehood of them reversing their decision isn't very good.
As a result, I had to start collecting on my retirement. I am on social security disability. Does this in any way affect my social security disability, or is that totally separate? Thank you.
Did your attorney advise you that your employer must follow ERISA law. If not, he was a total waste of time and money for you. A "good" attorney, registered to practice in Federal Court will be better able to assist you. What the insurance company did to you is done to most all disability receipients. They are hoping you will not fight their decision. To fight it in Federal Court, you will have to pay a competient attorney a retainer fee which usually is about $5,000. You will need to get something in motion within 90 days of the insurance company's decision. If you read the employee handbook it will have a section about ERISA. I strongly advise you to follow the handbook guidelines and appeal their decision by sending a certified letter that you do not agree with their decision. Then quickly interview a couple of decent lawyers - avoid those that advertise as workmens compensation lawyers you see on TV. Look in the yellow pages for a firm that is eligible to practice in Federal Court. Most good lawyers will have a stable of doctors they can turn to to help you. Unfortunately, this will cost money (if the attorney is seeking more than $5,000, move on to the next attorney) and I am assuming you're not within a few years of retiring anyway.
Your suggestion will work well for Social Security Disability but private disability insurance companies are a different animal. They are vicious and much of their success is by intimidating the customer because everyone fears such an open ended financial comittment of initiating legal action. I agree it is costly unless Jen wins her case then she will be made whole and begin receiving her much due benefits. As long as Jen has a Doctor who agrees that she is disabled within the terms defined by the handbook agreement she can win. If she has been awarded Social Security Disability benefits then she has a much stronger case against the insurance company. What it all boils down to is the policy language within the employee handbook. This is where a qualified and competent attorney is worth his/her weight in gold.