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STD claim denied due to attorney error

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renatm

Junior Member
What is the name of your state? What is the name of your state? California

I have a Short Term Disability situation that has been burning me up for about a year now and thought I'd put it out to you and let me know if I have any rights left, or lost them all.

My doctor put me out on medical leave in May 04 for initially 3 months, but ended up being longer. When I left on leave I submitted a claim for Short Term Disability to the carrier (Broadspire). They denied the claim immediately. I appealed with more documentation from all the doctors and it was again denied. I then hired an attorney to represent me for the final appeal. The attorney sent me to a variety of doctors to evaluate my condition and support my medical leave by reports. These doctor's and their associated reports were expensive.

The attorney put together a large report including all supporting documentation and sent it to the insurance co. however, the attorney sent it a day too late, past the allowable timeframe for submitting the appeal. In fact, the deadline happened to coincide with the Monday of President's Day (2005) and my attorney "assumed" the office would be closed and submitted the info by fax the following day, Tuesday. Needless to say the claim was denied for that reason. One day late. Having an idiot for an attorney is one thing I have already had to deal with, and obviously she no longer represents me.

My question is, is it reasonable for me to pursue this? The facts were there all along but repetitively denied. The final denial was due to stupid human error but used against my claim. A year has passed and although I have tried to just let it go, it keeps knawing at me.

What is the insurance companies obligation to a claimant?

Thanks for your review.
 



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