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Filing a disability claim.
These tips will help assure you don't hit the snags
described in the accompanying article:
• File as soon as you become disabled and no later
than a year after the elimination period ends.
In fact, waiting that long "will really raise questions
about the credibility of your claim," says Todd Gish
of Massachusetts Mutual.
• Be polite but discreet with claims reps. They may
sound cordial and concerned in phone conversations,
but they still represent the insurer, warns Rafel.
To help ensure that nothing you say is misconstrued,
some attorneys suggest you ask permission to tape
the conversation and offer a transcript. However,
Darras says that taping a claim examiner this early
on might cause your case to be scrutinized more closely.
Instead, he advises that you keep calls brief and
take careful notes of what was said.
- The insurer, citing customer-service needs, will
tape the conversation. "If you sound angry, use foul
language, or make disparaging remarks, it can be used
against you," Darras says. "Avoid complaining about
the long hours you worked, how much you hate managed
care, how little you earned. Remember, the claim file
in litigation is the insurance company's letter to
the jury. When you write or speak to the insurance
company, you should use words you'd want to be judged
on in court." So be courteous, Darras says. "If it's
a simple question, provide the information. Otherwise,
say you'll answer in writing."
• Be wary of visits from a claims adjuster or field
rep. "One might call, saying he's nearby and wants
to drop in," says Darras. "The visit is an opportunity
to size up the neighborhood and your lifestyle, as
well as to case the area for videotape surveillance."
Offer to meet at a coffee shop or restaurant. You're
not required to meet these reps in your home.
Doreen Mangan. Keep that insurer from blocking your
disability claim. Medical Economics 2001;15:57.
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