If you have insurance through your employer and your claim is denied, here are some clues that the attorney you are talking to about your long-term disability claim isn't experienced: Cannot explain how your case would progress from internal appeal to litigation without doing "a little research." They don't mention ERISA at all. Talks about [...]
Long-term disability claims are complicated. If you are dealing with a claim yourself, this probably comes as no surprise. Disability claims are denied all the time, most often for either of these two reasons: The claimant does not meet the conditions for being disabled as defined in his/her contract, but usually and more likely... The [...]
The short and tragic answer is yes, and it happens to many disabled individuals. The issue is hinged on the definition of ‘disability’ as defined in your insurance policy. There are two definitions of disability in your insurance policy; “own occupation” and “any occupation.” From the time your disability policy becomes active, you are in [...]
When a long-term disability insurance company determines that it may be paying benefits for a long time, they may offer to "buy out" your policy by paying you a lump sum. Acceptance of the lump sum would mean that you no longer have to provide continued proof of disability and they no longer have an [...]
If your long-term disability claim is denied and you file a lawsuit at some point, the insurance company may come to you with a lump sum settlement offer. Should you take it? Each case depends on its facts and, presuming that you have an experienced disability attorney, you should discuss these matters with your attorney. [...]
You were injured on the job – say you fell off a ladder and hit your head and injured your back. You were hospitalized, and spent a long time in rehab. You are better now, but far from all better, and very far from where you were before you fell. In fact, you aren’t able [...]
Myths: If you follow the rules when filing your claim and explain your situation the insurance company will approve your claim. If you fill out the form the insurance company sends, you will get your benefits. If you have been awarded Social Security disability benefits you will have no problem getting your claim approved. The [...]
Everything about ERISA Disability claims is confusing for the claimant. In fact, many judges find this practice of law confusing as well. Your attorney’s responsibility is to help you understand how the claim process works because many of the ins-and-outs of ERISA disability seem counterintuitive. When a client has been denied Short-Term Disability, they assume [...]
Working can jeopardize your disability claim. Insurance companies will use any work-related activity (including volunteer work) as grounds to deny or terminate your long-term disability benefits, often before you are fully healed and ready to return to work full-time. If you are receiving disability benefits and are considering returning to work, you MUST do two [...]
To appeal a long-term disability policy denial, you are going to use a 3-stage approach. You will gather your appeal documents and create a plan, research your policy, and finally assemble your appeal and send the documents to the insurance company. In this article, you will find all the steps you need to complete. However, [...]
