If your long-term disability benefits have been denied or terminated, artificial intelligence can be a helpful starting point to learn about the appeal process, but it should not be the last place that you turn to.
In the last year, our firm has experienced an increase in the number of people who contacted us after they lost their appeal that was prepared using AI. Here are three reasons why you should not rely solely on AI when filing an LTD appeal.
Your LTD Appeal Is Your Last Chance to Build the Record Before an ERISA Lawsuit
First, for most LTD claims, the administrative appeal process is your last opportunity to supplement your claim file with supportive information before filing a lawsuit.
Most LTD claims are governed by a federal statute called the Employee Retirement Income Security Act of 1974, or ERISA. If you lose your appeal with your insurer and decide to file an ERISA lawsuit to recover the benefits owed to you, a judge will make a determination on your case based on the information already in your claim file. Under most circumstances, you and your doctors will not be afforded an opportunity to correct or rebut the insurance company’s inaccurate claims, and you won’t be allowed to submit missing or more recent medical records to the court.
Because of this harsh limitation, you should approach the appeal process as a pre-litigation stage. If additional testing or other information is necessary to prove your disability to a future judge, then you want to gather and submit this information during the appeal stage. Having a lawyer advise you on what you need to include with your appeal is a crucial aspect of the appeal process because it will most likely be your last chance to set your case up for success before a judge.
AI-Generated Legal Information Is Often Wrong, Incomplete, or Misapplied
Second, the information that AI provides is often wrong, incomplete, or misapplied.
People have sent us AI-generated legal documents with fictitious cases, made-up quotations, and misapplied law. This type of “law” will not win your case.
And when AI does get the law right, it is often ineffective in discerning the more important facts in your case from the less consequential ones. While there are numerous regulations that dictate how a disability claim should be handled, many of these regulations have limited impact on the outcome of a case. AI tends to focus on some of these smaller grievances while missing the bigger issue of whether your disability is sufficiently supported.
Additionally, where your case would be filed also dictates which jurisdiction’s laws apply to your claim, so understanding the judicial system is an essential aspect of preparing your claim. Every plan or policy is different, and understanding how the laws governing disability cases impact your specific policy and circumstances is something that AI has not mastered.
AI Doesn’t Know How Disability Insurance Companies Operate
Third, AI lacks the knowledge that comes with years of experience filing appeals and suing insurance companies.
Insurance companies are intentionally opaque, and each insurance company has different patterns and practices. Understanding the typical practices for each insurance company is something that develops after many years of battling them. There are tips and insights that a seasoned disability attorney can provide that aren’t accessible through AI.
Our firm has filed appeals with most insurance companies, including Unum, Provident, Hartford, Prudential, MetLife, Standard, Guardian, New York Life, Lincoln, Liberty, and many others. This experience helps you avoid pitfalls that AI is simply unaware of.
Talk to a Disability Attorney Before You File Your LTD Appeal
If you are considering filing an LTD appeal, contact our firm first. Getting guidance from our experienced disability attorneys can save you from making an irreversible mistake.