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“The process of applying for a mental health disability claim is a very complicated process for people to attempt on their own,” said Kotak in a recent interview.
“Insurers make it difficult to navigate and have roadblocks along the way that make it virtually impossible for workers to get claims approved.”
At his firm, there’s been a 50% increase during the year leading up to June 2020 in the number of people seeking help with mental health disability claims.
“Depression and anxiety are commonly known as invisible illnesses,” said Kotak. “You can’t see them on an MRI.”
That gives an insurance company the opportunity to deny a claim; even a doctor’s diagnosis can be dismissed as being based on a patient’s subjective complaints.
“The insurance company can say there’s no objective evidence, even though a dialogue with the patient is often how doctors make a diagnosis.”
People feel lost when their claim is denied, he said.
“They or their employer have a premium to cover off just such a rainy day, so they’re in shock. Dealing with insurance companies can just make the stress worse.
“Many just walk away.”
There is an internal appeal process, Kotak said, but it’s often just the left hand judging the right.
“The vast majority of cases are denied again.”
At this point, some people have been sorting through the situation for months. They’re not getting better. They can’t work.
“It doesn’t hurt to ask a lawyer for advice,” said Kotak.
