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November 2007 Archives

How to penetrate the LTD carrier's administrative record for evidence of its incompetence and bad faith.

Insurance companies are very good at making their denial of long-term disability benefits look substantial and well-founded, at least on paper. In reality, however, a look beyond the administrative record into the actual process that the administrator followed may reveal a lack of medical knowledge, sloppy handling of the evidence, and a pro-carrier bias against the claimant. Once these substantive deficiencies are revealed, the court will likely find that the denial of long-term disability benefits was unreasonable, arbitrary or capricious.

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