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GREGORY DELL Hi I'm Attorney Gregory Dell here with Attorney Cesar NVIDIA And Cesar in this video I want to talk about people who have had their long-term disability claim denied by CHINA Disability Insurance Company also known as LINA Life Insurance Company of-- CESAR NVIDIA North America GREGORY DELL --North America CESAR NVIDIA It's true GREGORY DELL And people sometimes try to do their appeal on their own And the reason they do that is because when they get denied the claim rep calls them kind of most time nicely Customer service says I'm sorry, but we just don't have enough support for your claim Can you go ahead and submit an appeal You have 180 days to do it-- 180 And then someone Elias going to-- not me but someone else is going to review the claim And that's because the ERICA regulations require them to do that So what I want to get into here is for the person who's been denied first off what'the most important thing of an appeal number one And then we'll go through some other things CESAR GAVIDIAWell in my opinion in terms of the most important thing-- and this is actually a question that they often ask the claim representative when they're denied Do I need a lawyer for this And almost exclusively in terms of the response from the disability insurers from what I've heard from people who have contacted us you don't need lawyer for this GREGORY DELL Right CESAR NVIDIA I think that's the number one most critical mistake someone can make is not at least consult lawyer about that administrative appeal And the reason for that is that people don't realize that during that administrative appeal process all the supportive evidence all the medical records all the issues that you address as to why the insurance company is denying you that's what you're submitting to effectively the federal judge if that case goes to litigation That's all the federal judge at US district court can review to determine if you're disabled and entitled to benefits GREGORY DELL Right So what you'relaying is the rule that you get one bite at the apple to submit your appeal and that's it So if the day after they make decision on your appeal you get hit by bus the court can't consider that information, and they can only consider what's in before CESAR NVIDIA Right GREGORY DELL But getting into more detail medical records medical support in my opinions the most important thing in any appeal CESAR NVIDIA Of course GREGORY DELL Forth claimant who-- it's not just send in some additional medical records get a letter from your doctor What's unique about what we do at our law firm to help a person present their medical evidence versus what they could possibly do on their own CESAR NVIDIA Sure So when we go through these extensive administrative files that we get from the insurance company which is the first thing we request we go through it, We comb through the entire thing looking for all the notes memos reports that are generated by theirin-house medical consultants Because...
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