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 …
How Can I Be Disabled Yet Still Denied My Disability Insurance Benefits? Read More »
Own Occupation & Any Occupation In Long Term Disability Insurance The Misunderstood ‘own occupation’ & ‘any occupation’ definitions in Long Term Disability Insurance policies. Own occupation is typically defined in most insurance contracts as your job as it appears in the national economy. So if your particular job has a feature in it that most …
The difference between ‘Any Occupation’ and ‘Own Occupation’ Read More »
If the insurance company sends you a denial, you have the legal right to an appeal in a long term disability case. The denial letter is really important because that denial letter is going to tell you that you have an ability to appeal. And the ability to appeal is not something that the insurance …
Do Not Appeal Your Long Term Disability Insurance Denial Without An ERISA Attorney Read More »
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 …
Most Long Term Disabilities Are Caused By Chronic Conditions Read More »
Recently the Department of Labor (DOL) proposed some amendments to Section 503 of ERISA (Employee Retirement Income Security Act), to improve the current rules governing Long Term Disability claims and appeals. Joe sent his comments and recommendations to the DOL with the hope of improving the disability claims process for all of our clients. Here are …
Proposed Changes to Rules Governing ERISA Long Term Disability Claims Read More »
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 …
HIRING AN EXPERIENCED LONG-TERM DISABILITY/ ERISA LAWYER Read More »
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, …
Long-Term Disability Denials of POTS Syndrome Claims Read More »
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 …
Pulmonary Lung Disease Testing for Long Term Disability Claims Read More »
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 …
Long Term Disability & the Undiagnosed Condition Read More »
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, …
Missing Pieces of the Administrative Record – Full & Fair Review under ERISA? Read More »
