Artificial Intelligence Risks in Disability Insurance Claims

A recent ruling from the Southern District of New York serves as a stark warning for anyone attempting to navigate complex legal hurdles alone—especially those relying on Generative AI (GenAI) for legal research in the U.S. In U.S. v. Heppner, the court ruled that attorney-client privilege did not protect legal research and documents created by a client using a consumer AI tool.

For individuals facing high-stakes legal battles, such as a denied long-term disability (LTD) claim, this case highlights why the “do-it-yourself” approach is fraught with risk. At Uscher, Quiat, and Russo, P.C. (UQUR), our attorneys provide the professional oversight and expertise necessary to ensure your case is built on a foundation of protected, privileged, and proven legal strategy.

The Risk of Going It Alone with AI

The court’s decision in Heppner was based on three critical factors that should concern any claimant attempting to manage their own legal work:

  1. No Attorney-Client Relationship: Privilege requires a “trusting human relationship” with a licensed professional. Insurance companies could seize and use any “research” you conduct via AI, since a GenAI tool cannot fulfill this role.
  2. Lack of Confidentiality: Many consumer AI tools use your data for training or allow third-party access to it. Using these tools effectively waives your expectation of privacy.
  3. The Need for Professional Direction: The court noted that privilege might have applied if the client had been acting under the specific direction of an attorney. Independent “research” by a client is rarely protected.

How UQUR Attorneys Protect Your Rights

At UQUR, we understand that when you are fighting an insurance giant for disability benefits, every communication and piece of evidence matters. Here is how our experienced legal team helps you avoid the pitfalls of modern litigation:

  • Establishing a Protected Record: When you work with the attorneys at UQUR, your communications and our work product are shielded by the highest levels of legal privilege. We ensure that the “mental processes” used to build your case remain confidential and protected from discovery.
  • Meticulous Evidence Gathering: Unlike a chatbot that summarizes generic data, our attorneys build a certified record. We collaborate with medical specialists, vocational experts, and occupational therapists to create a “day-in-the-life” analysis that proves your disability within the specific definitions of your policy.
  • Deep Industry Knowledge: With over 100 combined years of experience, we don’t just “search” for answers; we know the specific tactics used by insurers like Unum, Hartford, and Cigna. We use internal databases and decades of case law to anticipate their moves before they make them.
  • Navigating ERISA Complexity: Most LTD claims fall under ERISA, a notoriously difficult federal law. Attempting to handle an ERISA appeal using AI is dangerous because once the administrative record is closed, you often cannot add new evidence. UQUR ensures every piece of necessary medical and vocational data is in the record before the deadline.

Professional Advocacy Over Artificial Intelligence

The Heppner ruling is a reminder that there is no substitute for a licensed attorney’s fiduciary duty and professional judgment. While AI might feel like a quick shortcut, it can inadvertently expose your private thoughts and legal strategies to your opponents.

Artificial intelligence can assist with research and drafting, but it cannot replace experienced legal judgment in high-stakes matters. UQUR attorneys help clients in New York and New Jersey identify potential AI-related risks, protect confidential information, and ensure critical legal decisions are guided by trusted legal expertise.

If you are a professional—whether a surgeon, engineer, or fellow attorney—facing a denied disability claim, don’t leave your financial future to a consumer software tool. Contact the attorneys at Uscher, Quiat, and Russo, P.C. Please call 201-342-7100 today or visit uqur.com for a consultation. Let our human expertise protect your benefits and your privacy.