Mark Scherzer Law
7 Dey Street, Suite 600, New York, New York 10007
Telephone: 212-406-9606, Fax: 212-964-6903
Attorney Profile
Mark P. Scherzer
A. Christopher Wieber
Attorney Services
Consultations
Claim Preparation
Claim Denial Appeals
Settlement Negotiations
Litigation
Additional Services
Fighting Claim Denials
Avoiding Denials
Pursuing Appeals
External Review
Insurer Practices
Seeking Legal Assistance
Filing A Lawsuit
Return to Work
Social Security Disability (SSD) Benefits
Medicare
COBRA
Disability Benefits and Coverage
Court Cases and Decisions
Zurndorfer v. Unum (Disability) - March 31, 2008
Noia v. Div. 1181 Welfare Fund (Healthcare Coverage) - Sep. 14, 2007
Avoiding Denials
Insert Picture here 

Build a Strong Claim Right from the Start 

     In the matter of insurance claims (and disability claims in particular), it is generally true that "the best defense is a good offense."  It will be easier to gain approval of a claim -- whether in the first instance or after a denial -- if you have laid a foundation well in advance of ever filing the claim.

  • Don't be stoic.  Although it is important to keep an optimistic disposition in the face of chronic illness, bear in mind that claim examiners latch onto patient comments  such as "feeling good today" -- frequently recorded by physicians in their medical charts -- as a basis for concluding that a claimant is not debilitated.  Do keep a positive outlook, but also make sure you affirmatively report and carefully describe your symptoms.  Be specific, concrete, and document any impact on your ability to work or your activities of daily living, such as cleaning, cooking, self-care, grocery shop­ping, socializing, etc.  Instead of saying only that you are "very tired," report that you must take 1-hour naps (at the office), are sleeping 10 instead of your normal 7-8 hours at night, are arriving late to (or leaving early from) work due to exhaustion, have stopped cooking your own meals in favor of ordering in, et­c.  Such specifics will not only help document an insurance claim, but will do a bett­er job of communicating to your doctor the nature and severity of your symp­toms. 
  • Make sure your doctor takes notes.  Many physicians fail to document patient symptoms -- because the symptoms have not worsened or improved, or because the symp­toms are unnecessary for diagnostic purposes.  Claim examiners, nonetheless, will insist that if a symptom does not appear in a doctor's medical chart, it either did not exist or wasn't very severe.  Impress upon your doctor the importance of charting symptoms (with specificity), and that a little investment of time during each office visit may avoid substantial expenditures of time later preparing narrative letters in support of a denied claim.
  • Keep copies of all medical records as you go along.  Nothing is worse than trying to collect extensive medical records from multiple health care providers in order to meet a tight claim appeal deadline.  This process can be even more harrowing when a doctor has, in the meantime, died, moved, or otherwise sold his or her practice.  Hospital record departments are notoriously slow in responding to requests. You are entitled to your medical records, upon submitting a signed authorization.  Be sure to do so, and to follow up and get those records.  It will save you headaches and delays later, and also gives you a means to verify that your treating physicians are fully and accurately recording your medical symptoms and com­plaints.
  • Provide as much detail and documentation as possible when submitting your claim.  Don't confine yourself to the little boxes on a claim form.  Attach extra shee­ts to identify all your doctors or to desc­ribe your symptoms (and their ­ef­fect on your functioning) in detail.  Get your physi­cian(s) to submit a letter (or letters) in support of your claim.  To be effective, such letters should not simply state a medical conclusion, but should instead summar­ize your diagnoses, medical history (­symptoms reported, physical examina­tion find­ings, laboratory and test results, treatment history, current medications and side effects, com­plications, referrals to other doctors, etc.­), and then the conclusion (for example, that you are dis­abled or that a proposed treatment is med­ically necessary).  If making a disability claim, you should be sure your doctor knows your occupation, your important job duties, and how your illness or symptoms are interfering with your performance of those duties.

*****Please note that the information and tips provided are not intended as legal advice.  The specific facts of a particular claim can change our strategy and recommendations about how best to pursue a claim.  Consequently, the information and tips on this page should be viewed as general only.  If you have a specific question or problem, it may be advisable to contact us or another attorney to get advice that is specific to your particular circumstances.*****  

Find a Lawyer
This is Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.