Let our family fight for your family”® – Call 877-428-9806 | No Win, No Fee

Long Term Disability Denial

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

February 5, 2013 / By

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 …

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

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

September 21, 2012 / By

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.” …

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

Long Term Disability: “Exhaustion of Administrative Remedies”

May 24, 2012 / By

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 …

Long Term Disability: “Exhaustion of Administrative Remedies” Read More »

Long Term Disability Appeal Cancer Win

Long Term Disability Appeal For Cancer Denial – Client Wins!

March 8, 2012 / By

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 …

Long Term Disability Appeal For Cancer Denial – Client Wins! Read More »

Surveillance and the Functional Capacity Evaluation

October 28, 2011 / By

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 …

Surveillance and the Functional Capacity Evaluation Read More »

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

March 11, 2009 / By

“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 …

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

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

February 9, 2009 / By

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 …

Fibromyalgia Disability Advice: How to avoid Long Term Disability Claim Denial Read More »

What is ERISA?

December 2, 2008 / By

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 …

What is ERISA? Read More »