Emergency Room physicians face challenges when filing claims for disability insurance. A medical diagnosis is not enough to support a finding of disability. They must prove how that medical condition makes it impossible for them to do their jobs. At Dell Disability Lawyers, we have a few tips that all ER physicians should use when filing a claim for disability.

  • Claimants have the burden of proving they are unable to perform the duties of their occupation. This involves making sure that the claims representative understands what the job duties are.
  • A diagnosis does not equal disability. There must be medical records that support the inability of the claimant to perform his or her job.
  • Claimants must always be aware that disability insurance companies extensively use video surveillance against them. The companies monitor social media and try to find ways to use this information to show the claimant should be able to perform his or her job duties.
  • Private disability policies are significantly better than an ERISA governed employer-provided policy. Under ERISA, the company has nothing to lose by fighting your claim. If they ultimately fail in court, the most they have to pay is what they would have paid you from the beginning if they had not fought your claim.

If you are an ER physician needing to file a disability claim, or in the midst of your fight for benefits, contact one of our disability attorneys at Dell Disability Lawyers to schedule a free consultation.