Not necessarily. Don’t expect an insurance company to simply approve your benefits based on your doctor’s opinion that you are disabled. Generally, to recover long-term disability (LTD) benefits under an employer-sponsored group Employee Retirement Income Security Act (ERISA) plan, or an individual policy that you purchased, you must prove that you are suffering from a covered illness or injury, that you meet your plan’s definition of “disabled,” and that you meet all other applicable criteria for coverage in the plan or policy.
LTD polices, ERISA plans and regulations can be complex, which can make obtaining LTD benefits you deserve a difficult endeavor. Chisholm Chisholm & Kilpatrick LTD helps clients recover the benefits to which they are entitled. Call today for a free consultation: 401-331-6300.

Doesn’t my doctor’s diagnosis and treatment of my medical conditions prove that I am disabled?

Your doctor’s diagnosis alone is probably not enough to persuade an insurance company to pay your benefits. Insurance companies usually require evidence that corroborates that you are suffering from a disabling condition. Treatment can sometimes be good corroborating evidence of disability.

How can I improve the likelihood that my LTD claim gets approved?

While no attorney can guarantee you success, the ERISA attorneys at Chisholm Chisholm & Kilpatrick LTD understand the complexities of ERISA and non-ERISA LTD cases and are able to take on the powerful insurance company for you. Our clients benefit from our knowledge and experience handling ERISA and non-ERISA LTD claims, many on a contingency basis with no upfront cost.
If you have to go it alone, here are some things to consider. Each claim is different so some of these items may not apply to you. This is not an exhaustive list.

  • Know the rules of your LTD plan or policy such as the claim and appeal deadlines, the definition of disability, and coverage exclusions.
  • Know whether your policy requires you to be disabled from your own occupation, or from any occupation. Note that your LTD policy’s definition of disability may be different than the Social Security definition of disability.
  • If you have been denied benefits, closely scrutinize the insurer’s basis for denial against the policy, evidence, and (if applicable) ERISA regulations promulgated by the U.S. Department of Labor. In you appeal, be sure to respond fully to the denial basis with supporting evidence.
  • Collect your relevant medical records that support your claim.
  • Have frank discussions with your treatment providers about your sickness or injury and how it impacts your ability to work.
  • Ask your doctors for reports explaining your impairments and how they prevent you from working.
  • Submit all evidence that supports your claim with your appeal.

The insurance company should decide whether you are disabled based on the evidence and the terms of your policy. Sometimes insurance companies deny benefits even though there is more than sufficient evidence of disability. It is important to have an experienced LTD attorney help you with your appeal.
Call now for a free consultation to see if CCK can assist you: 401-331-6300.

« Return to the ERISA & Insurance Litigation Resource Center

Related Pages


  • It has been one of the best legal experiences that I have personally encountered. Their follow up and their follow thru has been on perfect terms. Wow, they have given me a celebrity experience! Impressive! Read More » K. Nade, October 2017
  • These people are FANTASTIC!!! I highly recommend this firm to Veterans everywhere. Honest Legal Help like this is priceless and they are extremely skilled. So Satisfied with the results...5 stars!! Read More » Anonymous, October 2017
  • I cannot begin to say how grateful I am to this Firm. From the Class A staff to the Lawyers, there are no complaints. Everyone treated me fantastic!! After 30 yrs of fighting on my own, they were able to win my case in less than 15 months. Read More » C. Marie, September 2017
  • My case was initially rejected by the VA but with the thorough review by CC&K , the VA agreed with the case that CC&K made and awarded my initial rating of 30% retroactive to 1975. Read More » Edward M., September 2017
  • We had struggled for eight plus years, with the VA, and got nowhere. Our case was sent to CC&K and in less than one year, we were they won all his back pay and 100% rating. We could not be more pleased. We highly recommend this firm for anyone struggling with the VA. Read More » Anonymous, September 2017
  • I thought I could go it alone. I filed several disability claims through the VA only to be denied over and over again. I knew I needed help. I found that help with the law firm of Chisholm Chisholm & Kilpatrick. They filed for me and won. Read More » Gene W., July 2017
  • I'm so glad we sought the help of CCK on my husband's VA claim. We had been going back and forth with the VA for 5 years on his claim without seeing any progress. Then we found CCK and the case was resolved in about a year! Read More » Sarah C., June 2017
  • I was fighting for my VA disability compensation for 10 years. I was ready to give up and then CCK took my case. I immediately felt at ease because they kept me informed every step of the way and there was so much less stress for me. Read More » Raul B., March 2017
  • Badge
  • Badge
  • Badge
  • Badge
  • Badge
  • Badge
  • Badge