Call an experienced disability benefits lawyer at 504-322-1488 to schedule your consultation.

Willeford & Toledano - ERISA

Call an experienced disability benefits lawyer at 504-322-1488 to schedule your consultation.

Is it OK to be equivocal with the truth in an ERISA claim?

On Behalf of | Feb 25, 2022 | ERISA Disability

Sometimes when someone asks you a question about your disability or illness, you could answer honestly in more than one way.

For instance, if the doctor asks you where it hurts. Do you tell them where it hurts now, or do you tell them where it hurt yesterday when the pain was more extensive?

If they ask you how much a disability affects your ability to get around, do you mention the best moments when you could walk for half an hour unaided, or do you only tell them about that time last week when you could not even get out of bed?

Total transparency is best

It is normal to have good days and bad days with an injury or illness. So, your best policy is to tell it like it is. Today I feel 3 out of 10, but yesterday was a 7 out of 10. While you might worry that this will lead to decisions being made on you at your best, it reduces the chance the insurer denies your claim altogether because they think you have lied.

Remember, insurers often check your social media or send someone to follow you around to check you are not more capable than you claim. So, if you said you could never walk unaided, and they notice you do it once on a good day, they may accuse you of deceit.

Doctors can only work on the information you give them

Diagnosing someone is complicated as it is. Doctors have to go on the information they can see, can test and what the person tells them. So, failing to be completely honest with them makes it harder for them to help you.

Filing an ERISA disability claim is complex. Getting legal help will be essential to give you the best chance of success.