Really?

Dec 02, 2008 18:43

The longterm disability insurer ruled unfavorably on my appeal. Though how I can be officially disabled according to the government yet somehow not disabled enough I don't know. Or why it took them four months to decide. What kind of not-disabled takes four months to determine?

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red tape, photos, saks fifth avenue windows, window displays, chiari i malformation

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Comments 14

therck December 3 2008, 00:25:39 UTC
The odds are good that, if you file to go to court, your insurer will suddenly reverse the decision. That's what happened to me.

Basically, in most states, insurers have no reason to rule favorably as there's no penalty to them for bad faith (denying valid claims with adequate proof). The worst that happens is that they have to pay your court costs, their court costs and your insurance. Most claimants don't have lawyers and either give up or die while the insurer drags its feet.

You've got a good case, so they probably won't bother running up court costs. If your lawyer doesn't know that, she's a moron. Most disability judges will accept Social Security's standards for disability as applying more broadly.

My private insurance reversed its decision the day that we filed to take them to court, no more than three hours later. A year and a half of foot dragging ended faster than I could roast a turkey.

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viridian5 December 3 2008, 00:31:20 UTC
Thanks for the information.

Since my lawyer still hasn't called me back--huge surprise--I don't know what she'll suggest. Me, I want to make myself the biggest pain in the ass to these people that I possibly can. I'm considering asking her if there's someone more aggressive at NYLAG who can take this case since she let them drag things out forever. I'd have gotten someone else altogether already if she weren't also handling the Medicaid and COBRA stuff.

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lady_ganesh December 3 2008, 02:05:20 UTC
God, insurance companies suck.

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viridian5 December 3 2008, 02:19:34 UTC
I've really learned to hate them.

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lady_ganesh December 3 2008, 02:05:38 UTC
So sorry about the bad stuff, but so delighted to see your pictures!

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viridian5 December 3 2008, 02:11:47 UTC
If I'd known in March that I'd still be fighting so hard over this in December, I don't know if I would have found the strength to get through.

Thanks! It amuses me that two of my Saks photos fit the headline exactly.

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lady_ganesh December 3 2008, 02:17:26 UTC
It is times like this when the phrase 'ignorance is bliss' gains its meaning.

Me too.

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mz_bstone December 3 2008, 03:34:25 UTC
I think you should go public. If there is reprisal, it just makes them look more asinine and petty and may well get them to "reassess".

But beyond that? *hugs*
B

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viridian5 December 3 2008, 03:42:03 UTC
I worry. I mean, for one thing I don't "look" disabled. I'm also worried about being interrogated.

But thanks.

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wirrrn December 3 2008, 06:10:10 UTC

Beaurocrats are smug and merciless. Hope things turn out well for you...

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viridian5 December 3 2008, 06:20:15 UTC
It also would have been nice if my lawyer had talked to me today instead of left me to try to sleep tonight wondering what she'll say tomorrow.

Thanks.

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