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Long Term Disability

experienced disability lawyers

HIRING AN EXPERIENCED LONG-TERM DISABILITY/ ERISA LAWYER

ERISA is a unique statute that applies to employee benefit disputes.   Under the ERISA statute, if your employer-sponsored disability plan denies your disability claim, the case will be litigated in Federal Court under a unique set of rules that often favor insurance companies and Long Term Disability Plan administrators.  So you need to make sure …

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Long-Term Disability Denials of POTS Syndrome Claims

Over the past few years we have represented many clients who have had Long Term Disability Insurance Denials of their POTS Syndrome claims. POTS or “Postural Orthostatic Tachycardia Syndrome” is an unusual condition that causes the Autonomic Nervous System to malfunction. POTS symptoms can include tachycardia, heart palpitations, chest pain, fainting, nausea, rapid gastric emptying, …

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Pulmonary Lung Disease Testing for Long Term Disability Claims

Obstructive & Restrictive Lung Diseases:  The Importance of FEV¹ & FVC test results for Long Term Disability Insurance Claims If you have a pulmonary disorder, one of the most important tests that you will take is a PFT or Pulmonary Function Test.  This test is somewhat complicated and measures many aspects of lung function.  The …

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Long Term Disability & the Undiagnosed Condition

LONG TERM DISABILITY & THE UNDIAGNOSED CONDITION One of the most difficult cases in our long-term disability practice is the individual who does not have   a diagnosis. It is very common in medicine for claimants to go longer than a year without receiving a proper diagnosis. This is not the fault of physicians, but …

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Missing Pieces of the Administrative Record – Full & Fair Review under ERISA?

ERISA “Full & Fair Review” & the Missing Pieces of the ADMINISTRATIVE RECORD One of the most important pieces in a long-term disability case is the “administrative record.” The administrative record is defined as: everything that the insurance company considered in the denial of your claim. It also includes any appeal that you might submit, …

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Court Decides Liberty’s Denial of Our Client’s Waiver of Life Insurance Premium Did Not Meet “Full and Fair Review” Standard Under ERISA

Under ERISA, one of the rights you have as a part of your disability benefits claim is the right to a “full and fair review” by the insurance company. In providing a “full and fair review” the insurance company cannot cut corners or rely on generalizations to evaluate your claim.  Instead, the insurance company has …

Court Decides Liberty’s Denial of Our Client’s Waiver of Life Insurance Premium Did Not Meet “Full and Fair Review” Standard Under ERISA Read More »

McDonald & McDonald – Long Term Disability Appeals in Ohio and 6 Nearby States

Long Term Disability Appeals in Ohio and 6 Nearby States At McDonald & McDonald, we practice ERISA / long-term disability insurance law in several states throughout the Midwest, Mid-Atlantic, & the South.  Our clients have come from a variety of locations and cities. Our law firm is headquartered in Centerville, Ohio, but . .  we have …

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Reinstating your Long Term Disability Benefit: The ERISA 502(a) Lawsuit

Most individuals become familiar with the phrase 502(a) lawsuit by receiving a letter from an insurance company denying access to their long-term disability benefits. The traditional language often used by long-term disability insurers advises clients that they have “exhausted their administrative remedies”, and now have the ability to file a lawsuit under Section 502(a) of …

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Long Term Disability – Defining “your job” vs. “your occupation”

Long Term Disability Insurance – “your job” vs. “your occupation” – understand the difference: THE VOCATIONAL SIDE OF LONG-TERM DISABILITY Frequently, long-term disability contracts provide us with definitions for disabling conditions.  These definitions embrace the idea that your illness or disability affects your ability to perform “your job.”  Occasionally, policies also refer to “your occupation.”  …

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