There are some simple and practical steps that you can take that will be of great help if your benefits are eventually denied. Keep a “chron” file. You should keep copies of each letter you send to and receive from the plan and insurance company. Save the envelopes of all letters received from the plan and insurance company. This can help establish a paper trail that a NY disability attorney will be able to use to poke holes in any argument your insurance company may use against you.
It has been our experience that letters are often mailed days or weeks after the date of the letter. Many of these letters are mailed after the expiration of the statutory deadlines but purport to be sent within the deadline. Being able to demonstrate the violation of the deadline could be helpful in the future should litigation become necessary. All letters that you send should be sent certified mail, return receipt requested.
It has been our experience that insurance companies sometimes deny that letters and forms were sent to them. This could be crucially important if the insurance company claims that you did not comply with a deadline. All attachments should be described in your cover letter. If not, you have no proof that a particular attachment was sent to them. You should send a letter to the plan or insurance company confirming the content of any telephone conversations that you have. This adds even more detail to that paper trail, which any NY disability lawyer will enjoy getting their hands on.
It is often helpful to have this extensive paper trail to quote from later. Your NY disability lawyer will have a field day with the insurance company in court, should this paper trail be needed. You should tell your doctor not to talk to the plan or insurance company on the telephone. It has been our experience that insurance companies often misrepresent what your doctor told them.
