Does approval influence future denial?


#1

Does getting approved for “any” occupation have any legal influence in a future denial?


#2

Not really. All policies require ongoing proof of disability, even after entering into the any occupation phase. Normally and insurer will need to show a change in circumstances to justify why they change from claim approval to claim denial, but it is not hard for them to build such a case. Normally, they do it using surveillance "you’ve been lying all along) or by using ongoing doctors records to show you have “gotten better”. Sometimes people do improve so some denials after the change to any occupation are justified.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


#3

Is there any legal requirement of how often?
Is it whatever is typical for the condition?


#4

It starts with what the policy says and then the reasonableness of frequency of follow-up is dictated by the circumstances of the medical condition, treatment and medical opinions.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.