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CJ Henry Law Firm, PLLC

How to Handle a Guardian Long-Term Disability Denial

  • Published: July 18, 2019

If you’re on a Guardian long-term disability policy, and you need to cash in on that policy, chances are that you’re in for a fight. Disability insurance is supposed to cover you when the unexpected happens. Unfortunately, policyholders with Guardian Life often don’t get the security they’ve paid for. If you have received a Guardian long-term disability denial, an Ocala FL LTD lawyer can help you fight for the benefits you deserve.

Types of Guardian Disability Insurance Policies

Guardian (Guardian Life Insurance Company of America) sells both life and disability insurance and policies can be purchased from an employer or individually.

Group Disability Insurance

This is the type of disability insurance you typically receive from an employer. It covers between 40 and 60% of your income if you become disabled. It’s crucial that you read and understand the terms of your group disability insurance. Look for what conditions are covered, which conditions are not covered, and be sure you understand how your policy defines disability.

Individual Disability Insurance

This is similar to long-term disability insurance and replaces part of your income if you are unable to work. This type of policy can be used as a supplement to the long-term disability insurance you may receive through your employer. If you become disabled, you would receive between 40 and 60 percent of your base before-tax salary.

An important feature of the Guardian individual disability insurance is that even if you move to a different company, this insurance policy moves with you. It belongs to you, not your employer.

Supplemental Individual Disability Income Insurance

You can purchase supplemental individual disability income insurance from your employer. It offers added protection for your income and will pay you based not only on your salary but also for bonuses or commissions you would normally earn.

Like the individual disability insurance policy, this coverage belongs to you and would move to another company if you leave your present employer.

Filing a Long-Term Disability Claim With Guardian

Filing any disability claim can seem daunting. Following these steps can help take away some stress from the process:

Read Your Policy

Before filing a claim, read your insurance policy carefully to make sure you understand how Guardian defines disability and if there are any conditions that are excluded. It’s very important to make a note of deadlines and time limits associated with filing your claim.

Review Your Medical Records

Request copies of your medical records from your primary physician and any other health care professional who you’ve consulted. Make sure your medical records are complete and that the information is correct. You will have to provide copies of your medical records during the claim process, but it’s best if you review them prior to filing your claim.

Keep Your Own File

It’s wise to make copies of all the information you send to Guardian with your claim application. Keeping copies will be important if the insurance company claims they did not receive certain documentation or that the documentation was lost.

Delay Tactics and Denial Practices

Guardian Insurance Company is a business, and they are in business to make money. It’s unfortunate that sometimes they increase their revenues by skimping on your insurance coverage. Familiarize yourself with these common delay and denial tactics:

  • Lost documentation. Guardian representatives may claim they did not receive necessary documentation or that the documents were lost in order to delay processing your claim.
  • Pre-existing condition. The insurance company may attempt to deny your claim because they believe your disability was a pre-existing condition. They may also claim your disability isn’t severe enough to warrant disability benefits.
  • Unqualified third party physicians. Guardian has the right to request that you’re examined by an independent physician of their choice. However, their expert may not be unqualified to comment on your condition.
  • Reduced benefits. This tactic isn’t an outright denial of your claim, but it is an attempt to get you to settle for an amount of money that is less than you should receive for your disability. Don’t fall for this trick.

We Can Help You Fight a Guardian Long-Term Disability Denial

The insurance company must tell you why your claim was rejected in a denial notice. When you receive this notice, request a copy of your file. Then speak to a disability attorney. Your attorney can review your documents and explain what steps to take next to appeal your Guardian long-term disability denial 

Contact CJ Henry Law Firm PLLC Today

At CJ Henry Law Firm PLLC, we can help you gather the evidence you need to build a strong case. To learn more about how we can help you appeal a denial, contact us today.

Claudeth Henry
Attorney Henry is a Florida disability lawyer Florida disability lawyer uniquely suited to help you
with your disability-related legal needs...Protect Your Benefits Today (352) 577-7746