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Should I Accept the Long-Term Disability Company’s Offer to Buy Out My Policy Benefits?

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 [...]

2024-01-04T13:26:45+00:00

Should I Settle my Long-Term Disability Claim?

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. [...]

2023-12-15T14:08:54+00:00

If You and Your Employer and Your Doctor Agree that You Are Too Disabled to Work, Is Your Disability Claim a Slam-Dunk?

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 [...]

2023-12-15T13:55:46+00:00

Seven Disability Insurance Claim Myths, Seven Truths, and What You Can Do

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 [...]

2023-11-29T14:44:52+00:00

My Short-Term Disability Benefits Were Denied. Can I Still Apply for Long-Term Disability Benefits?

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 [...]

2023-11-16T16:25:52+00:00

Can You Work While Getting Long-Term Disability Benefits?

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 [...]

2023-11-13T14:29:19+00:00

How to Appeal a Long-Term Disability Denial

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, [...]

2023-10-31T14:20:08+00:00

10 Tips on How to Handle Your Appeal for a Long Term Disability Claim

If you have received a denial letter from your employer's long-term disability company or plan, here is what you need to know: 1) You typically have 180 days to appeal the denial. We say "typically," because some policies may limit your period for denial. You could have more, or less than, 180 days to appeal [...]

2023-10-27T14:51:56+00:00

New ERISA Trend Alert: Using the Wrong Definition of Disability

This trick (or error) is showing up with increasing frequency. When you purchased your insurance disability policy (or when your employer did), they were essentially paying for a specific definition of disability. The term “disability,” or “disabled,”  is specifically, and carefully, defined in your contract. As such, that definition is of the utmost importance:  it [...]

2023-09-14T15:19:39+00:00

Information You Need to Know about Fibromyalgia and Long-Term Disability

If you have a long-term disability claim involving fibromyalgia (or any other pain syndrome), then you need to read on.  Fibromyalgia, and pain claims are often the subject of extra scrutiny from disability insurers.  Here is why, and what you can do about it. Pain syndromes are relatively new medical diagnoses.  Not much is known [...]

2023-09-14T15:18:06+00:00