When You Should Contact a Disability Attorney
Many people wait until after a denial to contact an attorney. That is understandable — most people assume the filing process is manageable on their own. But the foundation you build during the initial claim affects everything that follows, including any appeal or litigation.
Consider reaching out to Cowell Law if:
- Your condition is serious and you expect to be unable to work long-term
- Your employer's HR team is giving you conflicting information about the process
- You have already received a request for additional information from the insurer
- Your treating physician is unsure what documentation the insurer needs
- You are approaching the end of your short-term disability period
- You have a complex medical history or pre-existing conditions
Getting guidance early — even a single consultation — can help you avoid the most common filing mistakes.
You should not have to fight for benefits you earned — especially while you are already fighting for your health. We are here to carry that weight with you.
How the Long-Term Disability Filing Process Works
While every policy is different, most long-term disability claims follow a similar path:
- Satisfy the elimination period — Most LTD policies require you to be disabled for a set period (often 90 or 180 days) before benefits begin. Short-term disability or sick leave may cover this window.
- Notify your employer and insurer — Your employer's HR team typically coordinates initial notice, but you may also need to file directly with the insurance carrier.
- Complete the required claim forms — This usually includes an employee statement, an employer statement, and an attending physician statement.
- Gather supporting medical documentation — Your treating physicians will need to provide records and supporting statements that align with the policy's definition of disability.
- Submit and follow up — Once submitted, the insurer has a set period to review and respond. You may receive requests for additional information during this window.
Each of these steps carries risk if handled carelessly. The documentation you submit, the language your physician uses, and how you describe your limitations all matter.
Common Filing Mistakes That Lead to Denials
We’ve spent thousands of hours reviewing denied claims over the years. The most common mistakes in filing a disability claim that can lead to a denial:
- Physician statements that use vague language about functional limitations
- Medical records that do not document the severity or consistency of symptoms
- Missing forms or incomplete submissions
- Statements by the claimant that are inconsistent with the medical record
- Failure to understand what the policy's definition of disability actually requires
- Missing the filing window or miscalculating the elimination period
An attorney review before you file — not after — helps you catch these issues before they become a denial.
How Cowell Law Supports Your Claim from the Start
We help clients at the pre-filing stage understand their policy, organize their documentation, and work effectively with their treating physicians. We review what the insurer is looking for, identify gaps in the medical record, and advise on how to present a complete and well-supported claim.
Our support includes:
- Policy review to understand the specific definition of disability and benefit structure
- Checklist of required forms and documentation
- Coordination with treating physicians to ensure supporting statements are complete
- Review of the claim submission before it is filed
- Ongoing guidance and communication as the claim is reviewed
Filing correctly from the start gives you the best possible chance at an approval — and the strongest possible foundation if a denial or appeal follows.
Frequently Asked Questions
What is the Our Claim Clarity Process™
We take a structured, transparent approach to every case:
- Schedule a Clarity Call — You share your situation and we explain what matters and what to do next.
- Build Your Appeal Strategy — We gather the right information, work with your medical providers, and prepare a strong case.
- Move Forward With Confidence — We guide you through the appeal and stay with you if further steps are needed.
The first call costs you nothing and gives you a clear picture of where you stand. That alone is worth the conversation.
What is the difference between short-term and long-term disability?
Short-term disability (STD) typically covers a portion of your income for the first few weeks or months of an illness or injury. Long-term disability (LTD) takes over after the elimination period — usually when STD benefits end — and can provide coverage for years or even until retirement, depending on your policy.
What does "own occupation" vs. "any occupation" mean?
These are two common definitions of disability in LTD policies. Under an "own occupation" standard, you are considered disabled if you cannot perform the material duties of your specific job. Under an "any occupation" standard — which many policies switch to after an initial benefit period — you must be unable to perform any occupation for which you are reasonably suited by education, training, or experience. The standard that applies to your claim depends on your specific policy language.
What if my claim is denied after I file?
A denial is not the end. Most policies allow you to appeal the decision, and under ERISA, you have the right to a full and fair review. Cowell Law handles appeals and litigation — if your initial claim is denied, we can review the denial letter and help you understand your options. Acting quickly is important because appeal deadlines are strict.