Long Term Disability Law Blog
If you’re a claimant who has just received a letter from Mass Mutual indicating your long term disability claim was denied, you may wonder about your next steps. Can – and should – you sue Mass Mutual? Is there any chance of settling your claim outside of court? Do you have any other recourse? Learn more about the ins and outs of handling a Mass Mutual long term disability insurance claim denial.
When and Why Does Mass Mutual Deny Claims?
Some large insurance carriers, particularly those that deal in group policies and defend against an ERISA lawsuit, have a corporate culture that emphasizes denying disability insurance claims. But Mass Mutual isn’t one of these companies.
In most cases where a Mass Mutual disability claimant contacts us for help, they’ve already been approved for benefits, but their disability claim has been revoked or suspended for some reason. These reasons can encompass just about anything, from an allegation the policyholder is earning extra income on the side to a discrepancy in their medical records or physician’s statement.
Most of Mass Mutual’s disability insurance claim denials are based on something in (or missing from) the medical records. Once these disability benefits are interrupted, a claimant may have grounds for a breach of contract lawsuit against Mass Mutual if the reason for interrupting the disability income benefits is eventually found to be unsupported.
How Much Time Do You Have to Sue Mass Mutual?
Each Mass Mutual policy provides a statute of limitations on a breach-of-contract disability lawsuit. Often, this limitations period is far shorter than the state statute of limitations on these claims, which means you may not have as much time to sue as you think. Though some policies may not start the limitations clock until Mass Mutual has denied or stopped paying the disability insurance claim, in other cases, the statute of limitations may begin running as soon as the claim is submitted.
Some Mass Mutual disability claimants may opt to sue Mass Mutual while also pursuing settlement with the insurance carrier. By filing a disability insurance lawsuit before the limitations period expires, a claimant can preserve their right to a trial while still doing what they can to resolve the case earlier.
Beware of Airing Dirty Laundry
Disability insurance lawsuits, like any type of litigation, can bring unpleasant facts to light. During the discovery process, Mass Mutual may request any evidence that’s reasonably calculated to lead to the discovery of relevant, admissible evidence – which means that Mass Mutual may be able to subpoena and review a claimant’s social media pages, including their usernames, passwords, and private conversations. Mass Mutual may also try to obtain financial records and credit card receipts to see where a claimant has been eating, socializing, vacationing, or shopping, and whether these activities conflict (or should conflict) with the finding of disability.
Though an attorney can fight back against these discovery requests, these fights aren’t always successful—especially if Mass Mutual can identify specific information it’s seeking and explain why it’s relevant to its claims or defenses.
If you’ve recently received a Mass Mutual disability benefits denial letter, don’t delay. Get the ball rolling on your claim by speaking to a disability insurance attorney at Dell & Schaefer. We’ll immediately begin investigating the claim to assess its strength to build your case. Mass Mutual has worked with us enough to know that we know the process by heart, and we’ll do everything we can to fight for your rights both inside and outside the courtroom.