How an Attorney Can Help You Fight a Denied Voya/ING Long Term Disability Claim

Facing a denied long-term disability (LTD) claim from ING can be an incredibly daunting and stressful experience. ING Disability Claims Management Services (now known as Voya Employee Benefits Managed Disability program) provides long-term disability (LTD) insurance. If you have received a letter of denial from Voya or ING, Robinson & Warncke can help you understand your options.
Understanding the complex landscape of insurance claims and knowing your rights is critical in navigating the challenges ahead. An attorney specializing in disability claims can be an invaluable ally in this fight. This article delves into the ways an attorney can help you overturn a denied LTD claim from ING, providing you with the best chance to secure the benefits you deserve.

Understanding Long-Term Disability Claims

Long-term disability insurance is designed to provide financial support if you’re unable to work due to a severe illness or injury. These policies, often part of employer-sponsored benefits, are supposed to offer peace of mind during challenging times. However, the reality of securing these benefits can be fraught with complications and obstacles.

Common Reasons for Claim Denials

To effectively challenge a denied claim, it’s crucial to understand the common reasons for denial, which may include:

  • Insufficient Medical Evidence: ING might argue that the medical documentation provided does not sufficiently prove your disability.
  • Pre-Existing Conditions: Claims might be denied if ING determines that the disability is related to a pre-existing condition not covered by the policy.
  • Missed Deadlines: Failure to adhere to strict filing deadlines can lead to automatic denial.
  • Policy Exclusions: Certain conditions or situations might be explicitly excluded from coverage in the policy’s fine print.

The Role of an Attorney in Disability Claims

A skilled attorney can play several pivotal roles in contesting a denied LTD claim. Here are key ways they can assist:

Expert Evaluation of Your Case

An attorney with Robinson & Warncke will meticulously review your policy and the reasons for denial. They can identify any weaknesses in your initial claim and determine the best strategy to address them. This involves scrutinizing the denial letter from ING, assessing all medical and employment records, and understanding the specifics of your policy.

Gathering Comprehensive Evidence

One of the main reasons for claim denial is insufficient evidence. Insurance companies can be very demanding in what they deem “sufficient” evidence to justify paying disability benefits. This is especially true when it comes to medical evidence.

You might think that if you have seen a specialist who fills out forms supporting your disability that this will be enough. While this seems like common sense, oftentimes it takes far more to successfully present a disability claim. Even supportive treating doctors sometimes do not keep detailed enough office notes to satisfy demanding insurance company medical reviewers.  Insurance doctors are very much focused on “objective evidence,” which means things like abnormal medical testing or abnormal physical examination findings documented in your office visits.

We routinely review the medical records of people we believe are genuinely disabled, only to find the office notes lacking in detail and lacking in objective findings. This is a problem, but it can be fixed with diligence and specialized knowledge.

An attorney can help gather robust and comprehensive evidence to support your claim. This might include:

  • Additional objective testing.  We frequently recommend objective testing to help verify and measure a client’s disabling symptoms. This is different from what medical doctors need to know to treat your condition. Objective testing is what insurance doctors want to see.  It can make all the difference in successfully proving your claim.
  • Medical Records: Ensuring your medical documentation clearly demonstrates the extent of your disability and its impact on your ability to work.
  • Physician Statements: Especially where the office treatment notes don’t tell the whole story, it is very important to obtain detailed statements from your treating physicians that connect all the dots between your diagnosis, treatment, prognosis and disabling symptoms.  As attorneys who have specialized in this area for more than twenty years, we know what insurance doctors are looking for and can provide it proactively.
  • Witness statements from you and from others who are familiar with the changes brought on by your medical condition.  Federal judges reviewing disability disputes have frequently commented on the value of this kind of evidence.
  • Employment Records: Collecting documentation that shows how your disability has affected your job performance and duties.

Handling Communication and Negotiations

Dealing with insurance companies can be overwhelming. Attorneys can handle all communications with ING on your behalf, ensuring that every interaction is documented and that your rights are protected. They can also negotiate directly with ING, leveraging their knowledge and experience to advocate for your claim.

Filing an Appeal

If your claim is denied, you have the right to appeal. An attorney will guide you through the appeals process, which often involves:

  • Submitting a Detailed Appeal Letter: Drafting a compelling letter that addresses the reasons for denial and provides additional evidence and arguments to support your claim.
  • Meeting Appeal Deadlines: Ensuring all paperwork is submitted within the required timeframes to prevent automatic denial.
  • Monitoring the insurance company’s compliance with its regulatory deadlines and other obligations. Again, this requires specialized knowledge.  If the insurance company fails to comply with its legal obligations, there are actions that you will need to take to capitalize on the errors.  Laypeople are unlikely to recognize the insurance company’s violations or know how to capitalize on them.
  • Administrative Appeals Process: Representing you in any hearings or reviews that are part of the administrative appeal process.

Litigation Support

If the appeal is unsuccessful, you may need to take legal action. An attorney can represent you in court, presenting your case to a judge or jury. We will prepare all necessary legal documents, argue your case effectively, and strive to achieve a favorable outcome.

Benefits of Legal Representation

The advantages of having an attorney by your side are substantial:

  • Expertise and Knowledge: Disability attorneys have in-depth knowledge of the legal and medical intricacies involved in disability claims.
  • Peace of Mind: Knowing a professional is handling your case allows you to focus on your health and well-being.
  • Improved Chances of Success: Statistics show that claimants represented by attorneys have a higher success rate in obtaining benefits.


Fighting a denied ING long-term disability claim can be a complex and arduous process, but you don’t have to go through it alone. An experienced attorney can provide the expertise, support, and advocacy needed to turn a denial into an approval. By leveraging our knowledge and skills, you can significantly improve your chances of securing the benefits you rightfully deserve.


  1. What should I do immediately after my LTD claim is denied?

First, carefully review the denial letter to understand the reasons for denial. Then, immediately consult with an attorney to discuss your options for appeal.  Deadlines are short and time is of the essence.  Robinson Warncke offers a free phone consultation so there is no cost or risk on getting an early assessment of your appeal rights.

  1. How long do I have to appeal a denied LTD claim?

The timeframe for filing an appeal can vary by policy, but it’s typically within 60 to 180 days from the date of denial. If the disability plan is governed by ERISA, the law requires the insurance company to give you 180 days to appeal. With private policies it can vary. Check your policy or consult with an attorney to ensure you meet the deadlines.

  1. Can I handle the appeal process on my own?

While it’s possible to handle the appeal on your own, we do not recommend it.  The process is far more complex and demanding than laypeople realize.  We often represent other attorneys who practice in other areas of the law and are unfamiliar with the applicable procedures and evidentiary requirements necessary to prevail in an ERISA appeal.

  1. What kind of evidence is most effective in appealing a denied claim?

Detailed medical records, objective testing, statements from treating physicians, employment records, and witness statements that clearly outline your disability and its impact on your life are all critical pieces of evidence.

  1. How much does it cost to hire a disability attorney?

Our attorneys often work on a contingency fee basis, meaning they only get paid if you win your case. Discuss fee structures with potential attorneys to understand any costs involved.