Long-Term Disability Denial Attorneys Battling Insurance Companies For St. Louis Workers
You paid into your disability policy for years, trusting it would be there when you needed it most. Now, when a serious illness or injury prevents you from working, the insurance company has denied your claim, leaving you worried about lost income and medical bills.
At Schuchat, Cook & Werner, we understand you are not asking for a handout, only what you have earned. We provide a steadfast representation to disabled employees across Missouri and Illinois. If your benefits were wrongfully denied, we will be your fierce advocate, taking on the insurance company lawyers to secure the monthly benefits you rely on. If your long- or short-term disability claim has been denied, call us at 314-621-2626 or 888-365-0445 or send an email today.
Understanding Short-Term Versus Long-Term Disability
When you cannot work due to sickness or injury, disability insurance replaces a portion of your lost income (usually 50% to 66%). We assist people with claims from employer-provided plans, individually purchased policies and retirement plan provisions.
It is important to know the difference between the two main types of coverage:
- Short-term disability (STD): This coverage typically lasts from a few weeks up to a year. It generally kicks in after a short waiting period (often seven to 14 days) and covers your inability to perform your own job duties.
- Long-term disability (LTD): This coverage begins after your STD or sick leave expires (often after a waiting period of 90 to 180 days). LTD is designed to replace income for years, sometimes until retirement age, but its definition of disability often changes, requiring you to be unable to perform any job for which you are reasonably qualified.
Understanding your specific plan’s definition of “disabled” is the first step in winning an appeal.
The Denial Trap: Why Companies Fight Your Claim
Insurance companies are profit-driven, and LTD claims represent a massive financial liability for them. They look for any reason to deny coverage and force you to quit the fight.
They often deny valid claims by:
- Claiming “lack of objective medical evidence”: Arguing that your pain, fatigue or chronic symptoms are not sufficiently documented by tests, even when your doctors disagree.
- Misinterpreting the policy: Applying strict or narrow readings of complex policy language, such as when the definition of “disability” changes after 24 months.
- Ignoring cumulative evidence: Focusing on a single piece of a favorable medical record while dismissing years of evidence showing the true severity of your condition.
- Using surveillance: Hiring investigators to watch your daily activities, hoping to find evidence they can use to discredit your limitations.
These tactics are designed to frustrate and exhaust you. Our role is to build an irrefutable case that holds the insurance company accountable for its promises.
Our Persistent Appeal Strategy To Fighting Back Against Denial
When your LTD claim is denied, you must file a mandatory administrative appeal, which is often governed by the complex federal law known as ERISA (Employee Retirement Income Security Act). The process is highly technical, and mistakes made at this stage can permanently destroy your ability to sue later.
You need veteran attorneys with a deep knowledge of these laws. We provide a relentless pursuit of justice by:
- Filing the mandatory appeal: We meticulously prepare the entire appeal package, submitting detailed legal arguments and medical evidence before the strict 180-day deadline.
- Developing medical records: We work directly with your doctors, making sure their reports clearly define your physical or cognitive limitations in the precise language required by the insurance policy.
- Building the administrative record: We compile and submit all necessary documentation, securing deposition transcripts, vocational assessments and other records necessary to protect your rights in federal court.
We take the burden of this complex, time-sensitive process off your shoulders, preparing the case as if it were going to litigation.
Our lawyers stand by disabled employees across St. Louis and statewide Missouri, fighting to restore the financial security you paid for.
Our Long- And Short-Term Disability Group Of Attorneys
- Loretta K. Haggard, Partner
- Natalie J. Teague, Partner
- Luke Klein, Associate
Frequently Asked Questions About Short- And Long-Term Disability Claims
A denied disability claim can leave you with questions about what comes next. Questions may grow when short-term coverage ends or an insurer rejects your long-term claim. The following answers explain issues that may affect your benefits and next steps:
Can I receive short-term disability and long-term disability for the same condition?
Yes, the same illness or injury may support both claims if you meet the terms of each policy. Short-term disability often covers the first stage of your work absence. Long-term disability may begin later, after short-term benefits end or after a set waiting period. However, approval for short-term benefits does not ensure approval for long-term benefits. The policies may use different rules, definitions and proof requirements. Review each policy so you know what you must show for each claim.
What should I do if my short-term disability is approved but my long-term disability is denied?
Start with the denial letter, which should explain why the insurer denied your long-term claim and identify the policy terms behind that decision. Then compare those reasons with your medical records and work limits. An insurer may require more proof under the policy, even when it approved your short-term claim. If ERISA governs your plan, you may also face an appeal deadline. Acting early gives you more time to review the file and prepare a response.
Can I submit new medical evidence during the appeal, or is it too late?
You may submit new evidence during an ERISA disability appeal. This can help you answer the reasons for the denial and fill gaps in the claim file. Useful records may include treatment notes, test results and statements from your doctor about your work limits. The appeal is important because the evidence you submit can become part of the record reviewed later. For that reason, gather useful medical proof before the insurer issues its appeal decision when possible.
Can the insurance company use social media or video surveillance to deny my benefits?
An insurer may review social media posts or use lawful video surveillance while it investigates a claim. A photo or short video may not show how pain, fatigue or other symptoms affect you over time. Still, the insurer may compare that material with the limits you reported. Be careful about posts that could give an incomplete picture of daily life. If the insurer relies on surveillance or online content, the full context may help explain what the material does and does not show.
Confidential Consultation: They Have Lawyers, And So Do You
If your long-term disability claim has been denied, do not wait for the deadline to pass. Contact Schuchat, Cook & Werner today for a confidential consultation to review your policy and denial letter. Our dedicated team of long and short-term disability attorneys is ready to battle for your financial future.
Call us at 314-621-2626 or 888-365-0445 or send an email today. Our focus is solely on delivering justice for you, because securing the right result is our mission.