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Long Term Disability

Long Term Disability: “Exhaustion of Administrative Remedies”

Reaching back into our history, I thought the following might be a good decision to share.  This case primarily deals with the often under-litigated issues of exhaustion of administrative remedies and timeliness of the Plaintiff’s Complaint under 502(a) of ERISA. In general, each Long Term Disability plan that issues a denial must have rules that …

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Don’t Accept the Social Security Representative Recommended to You By Your Long Term Disability Insurer

You are not obligated to accept the preferred Social Security representative recommended to you by your Long Term Disability carrier. When you apply for long-term disability benefits, many plans will require that you also apply for and pursue Social Security disability benefits.  The logic behind this request is simple.  They will take an offset for any …

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Long Term Disability Appeal Cancer Win

Long Term Disability Appeal For Cancer Denial – Client Wins!

Long Term Disability Appeal For Cancer Denial – Client Wins! McDonald & McDonald Wins Long Term Disability case in Federal Court for Disabled Client! See Spina v. CVS Long Term Disability et al In 2011 the United States District Court for the Southern District of Ohio ruled in favor of our client, who suffers from …

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Surveillance and the Functional Capacity Evaluation

This has been on my mind for some time and I have been trying to let my clients and perspective clients know about this so they can respond appropriately.  Many insurance companies use vendors to conduct video surveillance while the disability claimant is at their home.  There is simply no way to tell which files …

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“Physician Peer Reviews” Lead to Wrongful Denial of Disability Insurance Claims

“Physician Peer Reviews” Lead to Wrongful Denial of Disability Insurance Claims A Physician Peer Review is NOT the same as a second opinion or independent medical exam (IME). Essentially, a physician peer review is a tool used by the insurance company to review your Dr’s medical records. Physician Peer Reviews are problematic because the peer …

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Fibromyalgia Disability Advice: How to avoid Long Term Disability Claim Denial

Choosing the wrong type of Doctor to treat your fibromyalgia could cause insurance to deny your disability claim. What type of Doctor should I see for fibromyalgia? Fibromyalgia is a disease that does not offer any objective evidence or test results, therefore the clinical notes recorded by the treating physician become very important to diagnosing …

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ERISA Long Term Disability Lawyers

Joe McDonald & Christy McDonald – Disability Insurance Lawyers: Originally uploaded by McDonald and McDonald We represent people fighting: Long Term Disability denials Short Term Disability denials  Life Insurance Denials     “Let our family fight for your family”®   Questions about your long term disability, short term disability or life insurance claim denial?  Call (877)-428-9806 for a …

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What is ERISA?

ERISA (Employee Retirement Income Security Act) is a federal law that governs employee benefits that you receive through your employer such as: Long Term Disability Insurance Short Term Disability Insurance Life Insurance You need help now if: Your employer has provided a benefit to you that has been denied by the Insurance company You have …

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