disability denial Archives - McDonald and McDonald https://mcdonaldandmcdonald.com Let our family fight for your family Mon, 14 Jan 2019 17:24:39 +0000 en-US hourly 1 https://mcdonaldandmcdonald.com/wp-content/uploads/2021/04/cropped-cropped-favicon-32x32.png disability denial Archives - McDonald and McDonald https://mcdonaldandmcdonald.com 32 32 Stiff Person Syndrome https://mcdonaldandmcdonald.com/stiff-person-syndrome/ https://mcdonaldandmcdonald.com/stiff-person-syndrome/#respond Mon, 14 Jan 2019 17:24:39 +0000 https://mcdonaldandmcdonald.com/?p=6063 Stiff person syndrome (SPS) Stiff person syndrome (SPS) is a rare, progressive syndrome that affects the nervous system, specifically the brain and spinal cord.  Although very rare (Stiff Person Syndrome affects only 1 in a million people), McDonald & McDonald has represented several Long Term Disability Insurance clients who have suffered from SPS. The cause of stiff person syndrome is unknown, …

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]]> https://mcdonaldandmcdonald.com/stiff-person-syndrome/feed/ 0 How Can I Be Disabled Yet Still Denied My Disability Insurance Benefits? https://mcdonaldandmcdonald.com/denied-benefits/ https://mcdonaldandmcdonald.com/denied-benefits/#respond Wed, 01 Mar 2017 01:01:40 +0000 https://mcdonaldandmcdonald.com/?p=3692 How can I be disabled but still be denied my insurance disability benefits? This is really a good question and the person asking the question is typically the disabled person. You have a lot of scenarios where the individual literally, genuinely, feels like they’re not going to be able to work. If you wanted a …

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]]> https://mcdonaldandmcdonald.com/denied-benefits/feed/ 0 Most Long Term Disabilities Are Caused By Chronic Conditions https://mcdonaldandmcdonald.com/long-term-disabilities-caused-chronic-conditions/ https://mcdonaldandmcdonald.com/long-term-disabilities-caused-chronic-conditions/#respond Tue, 26 Jul 2016 20:56:29 +0000 https://mcdonaldandmcdonald.com/?p=2695 Chronic Conditions are the Root of Most Long Term Disability Cases Most Long Term Disability Insurance cases are the result of chronic conditions, rather than accidents or injuries. In our experience representing clients in Long Term Disability Insurance cases, very few disabilities are caused by injuries resulting from an accident. Most of our clients have …

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]]> https://mcdonaldandmcdonald.com/long-term-disabilities-caused-chronic-conditions/feed/ 0 Long Term Disability & the Undiagnosed Condition https://mcdonaldandmcdonald.com/long-term-disability-the-undiagnosed-condition/ https://mcdonaldandmcdonald.com/long-term-disability-the-undiagnosed-condition/#respond Fri, 08 Aug 2014 16:24:20 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=289 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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]]> https://mcdonaldandmcdonald.com/long-term-disability-the-undiagnosed-condition/feed/ 0 Missing Pieces of the Administrative Record – Full & Fair Review under ERISA? https://mcdonaldandmcdonald.com/missing-pieces-of-the-administrative-record-full-fair-review-under-erisa/ https://mcdonaldandmcdonald.com/missing-pieces-of-the-administrative-record-full-fair-review-under-erisa/#respond Mon, 14 Jul 2014 22:47:39 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=262 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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]]> https://mcdonaldandmcdonald.com/missing-pieces-of-the-administrative-record-full-fair-review-under-erisa/feed/ 0 McDonald & McDonald – Long Term Disability Appeals in Ohio and 6 Nearby States https://mcdonaldandmcdonald.com/mcdonald-mcdonald-long-term-disability-appeals-in-ohio-and-8-nearby-states/ https://mcdonaldandmcdonald.com/mcdonald-mcdonald-long-term-disability-appeals-in-ohio-and-8-nearby-states/#respond Wed, 27 Feb 2013 22:58:00 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=146 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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]]> https://mcdonaldandmcdonald.com/mcdonald-mcdonald-long-term-disability-appeals-in-ohio-and-8-nearby-states/feed/ 0 Reinstating your Long Term Disability Benefit: The ERISA 502(a) Lawsuit https://mcdonaldandmcdonald.com/reinstating-your-long-term-disability-benefit-the-erisa-502a-lawsuit/ https://mcdonaldandmcdonald.com/reinstating-your-long-term-disability-benefit-the-erisa-502a-lawsuit/#respond Tue, 05 Feb 2013 23:54:22 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=131 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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]]> https://mcdonaldandmcdonald.com/reinstating-your-long-term-disability-benefit-the-erisa-502a-lawsuit/feed/ 0 Long Term Disability: “Exhaustion of Administrative Remedies” https://mcdonaldandmcdonald.com/long-term-disability-exhaustion-of-administrative-remedies/ https://mcdonaldandmcdonald.com/long-term-disability-exhaustion-of-administrative-remedies/#respond Thu, 24 May 2012 18:34:49 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=111 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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]]> https://mcdonaldandmcdonald.com/long-term-disability-exhaustion-of-administrative-remedies/feed/ 0 Surveillance and the Functional Capacity Evaluation https://mcdonaldandmcdonald.com/surveillance-and-the-functional-capacity-evaluation/ https://mcdonaldandmcdonald.com/surveillance-and-the-functional-capacity-evaluation/#respond Fri, 28 Oct 2011 19:23:24 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=54 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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]]> https://mcdonaldandmcdonald.com/surveillance-and-the-functional-capacity-evaluation/feed/ 0 “Physician Peer Reviews” Lead to Wrongful Denial of Disability Insurance Claims https://mcdonaldandmcdonald.com/peer-reviews-lead-to-wrongful-denial-of-disability-claims/ https://mcdonaldandmcdonald.com/peer-reviews-lead-to-wrongful-denial-of-disability-claims/#respond Wed, 11 Mar 2009 18:17:55 +0000 http://www.mcdonaldandmcdonald.com/blog/2009/03/11/peer-reviews-lead-to-wrongful-denial-of-disability-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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