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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 118087
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I'm not sure if this is the right category. I was recently

Customer Question

Hi, I'm not sure if this is the right category. I was recently denied for my short term disability claim. I had a lumpectomy 2 months ago and have had complications, pain and a post surgical infection hindering my ability to return to work. My doctor does not want me to return to work yet and has referred me to a breast specialist for further evaluation. The reason for the denial sites that there were no ongoing restrictions or limitations listed. I feel that my doctor faxed the records but did not include my lifting restrictions as an oversight. UNUM failed to request this when they saw it was not included and quickly denied my claim. I am on pain medicine which prevents me from driving and being completely coherent to resume my role as a manager. I would like advice as far as how to proceed with an appeal. Thanks
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to get your doctor to write up a new report and make sure all of the limitations are included and you will need to include in your letter that the doctor must have inadvertently left off the information in submitting his original report. That is really the only way to make a successful appeal if it was denied for the reasons you stated.
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