Advice from people who successfully had long term disability benefits reinstated? NOT SSI/SSDI?

I have been on disability for 14 years due to bipolar disorder that is very severe. I improved recently, but not enough to even return to work part time, and this is part of being bipolar. The insurance company has interpreted my psychiatrist's notes that I ';improved'; as a statement I am well enough to go back to work, full-time, despite my doctor of 8 years stating that I could not go back to work. I suspect she was asked to state what my functional limitations were, right off the top of her head, in the phone call, and she couldn't come up with them, but don't know for sure. I think she can clear all this up (but she is on vacation for 1 1/2 weeks) and of course the company didn't ask for therapist or case manager or hospitalation or my electroshock treatment records from last year before cancelling my benefits.





I think I should get a lawyer, since this is a group policy under ERISA guidelines, and in court I have to prove they were arbitrary and capricious in rejecting my claim, if the internal appeal fails. I can't add any evidence to my claim after the internal appeals. So I'm afraid to handle this on my own.





Is a lawyer going to take a case that is probably a sure-fire win, on the first appeal, but my benefit was only $1300 a month anyhow? It doesn't seem worth their time to take the case, and these cases are harder than SSI/SSDI. How much do they charge? Has anyone had a denial overturned? In my case, the doctor's stuff was clearly taken out of context, and there is lots of missing info. maybe people hardly ever win these disability denials - anything anyone knows is helpful.


Thanks!Advice from people who successfully had long term disability benefits reinstated? NOT SSI/SSDI?
you are going to have to get an attorney. the insurance company is going to do everything they can to deny you benefits. also, get a clear-cut statement from your psychiatrist.





the attorney usually gets a percentage (40%) of what the winnings are so there should be no up front costs to you. An attorney will not take the case if he thinks there is no chance of winning.Advice from people who successfully had long term disability benefits reinstated? NOT SSI/SSDI?
your question %26amp; notes were very clear minded -take this new opportunity in a more positive light. go back to school %26amp; get an education so that you can become a productive, independent person who does not have to depend on state %26amp; federal services. discuss this with your shrink %26amp; college counselor.
Do you know any lawyers? If you know them personally, they may be very willing to take your case for you as a friendly gesture pro bono. there are also lawyers who do pro bono cases all the time. Ask around. It sounds like a cut-and-dry case, that wouldn't take up much time of a lawyer if they did it pro bono, so I think that would be your best bet.





As far as where to find a pro bono lawyer...I'm not sure, really, but you could try large attorney companies (they can afford a little pro bono work, and it looks good for them), young lawyers who need some cases in their files (like a few years out of college)...they have to build up their reputation somehow, and some will take pro bono cases just for that sake...do a web search for 'pro bono disability lawyers'..I know where to go for lawyers who will do pro bono for the blind/VI, but that list of lawyers is just for the blind/Vi, so it wouldn't help you. But maybe there is a similar list out there of lawyers who will do pro bono for people with mental disorders, such as bipolar.





I feel for you. I have borderline personality disorder, which has been mistaken for bipolar in the past, but I am lucky enough to be able to keep it under control with self-therapy most of the time. I would hate to have to see lots of therapists and heaven forbid get shock treatment, so I know what it must be like for you...at least it's working some; I am glad for that for you. Keep your spirits up and start researching in your area.





If you'll IM me your city/state info (thru the IM feature on my profile), then I can look around for you also. I am recovering from a surgery currently, so am stuck at home with all the tie in the world to do research on the computer, so if you want the help, just ask.