Disability Representation For Your Disability Claim


Call Us For Free Consultation Now


Author: Nancy Cavey > Articles posted by Nancy Cavey (Page 10)

The Ugly Truth About ERISA Plans And Contractual Limitations Period

When Does The Meter Run On Your ERISA Disability Claim? In Heimeshoff v. Hartford Life and Accident Insurance Company, U.S.#12-729(December 16, 2013) the United State Supreme Court found that “absent the controlling statute to the contrary a participant and a plan may agree by contract for particular limitations., even when it starts to run before the cause of action approves, as long as the period is reasonable.”   That is bad news for an ERISA policy holder whose claim has been denied. The Contractual Limitations In An ERISA Disability Plan The Hartford Life and Accident Plan in the Heimeshoff case included a provision that...

Continue reading

What Every Disability Policy Holder Needs To Know About an ERISA Disability Plan

ERISA plan disability

[vc_row triangle_shape="no"][vc_column][vc_column_text]You may have purchased your disability policy through your employer and , if so, you need to understand the basics of an ERISA Plan. ERISA stands for the Employer Retirement Income Act.  The ERISA statute was enacted in 1974 as a result of the Jimmy Hoffa pension scandals.  ERISA was designed to provide and protect employee pensions and other employee benefits such as group health, disability and life insurance. An employer is not required to have any type of benefit plan.  It’s a voluntary act by the employer or sponsor.  A plan can be amended, changed or even terminated at any...

Continue reading

You Don’t Want to Hire an Inexperienced Attorney to Represent you in Your ERISA Claim

erisa disability attorney cost

[vc_row triangle_shape="no"][vc_column][vc_column_text]Did you know that, for the most part, benefits that you receive from work are governed by a Federal Statute known as the Employee Retirement Income Security Act of 1974 of ERISA. Employee benefits, which could include life, health, retirement and disability benefits are governed by ERISA. Unfortunately, many garden variety lawyers don’t understand the difference between an ERISA claim and a State law breach of contract claim. There’s a misconception among the public and lawyers that when you receive health, life or disability benefits through an employer payroll deduction, you have a contract with the Insurance Company. If the...

Continue reading

How A Great Social Security Decision Can Potentially Help Long Term Disability Policy Holders

[vc_row triangle_shape="no"][vc_column][vc_column_text]Many disability policies will have limits on how long benefits can be paid for mental illness and will require that a policyholder gets active treatment. Unfortunately, it’s not uncommon for policy holders who have mental illness to have difficulty getting medical treatment. In a recent Social Security Disability case, Punzio v. Astrue, 630 F.3d 704 (7th Cir. 2011), Judge Posner, one of the leading Judges in the 7th Circuit, points out that the difficulty performing activities of daily living, small improvements of mental illness, failure to get treatment is the symptoms of the disease and aggravating factors. Many disability insurance carriers will pounce...

Continue reading

The Ugly Truth About Why Every Physician Should Have Disability Insurance

Disability Insurance Benefits for Physician

Did you know that nearly 1 in 5 people living in the United States have a disability for over a year or until they reach the age of 65.  Physicians see on a day in and day out the devastating impact of injury or illness.  Unfortunately, many physicians don’t have long term disability insurance or don’t have proper income protection. It’s The Perfect Time To Add Or Increase Your Disability Insurance If You're A Physician Physicians typically earn more than $200,000.00 per year and have a lifetime earning potentials in the millions.  Obviously, they have more to protect and more to lose. It’s...

Continue reading

How Reduced Productivity Can Increase Your Chances Of Getting Your Social Security Disability Benefits

reduced productivity disability substantial work

The Social Security Administration doesn’t make it easy for those who are disabled to get the Social Security benefits that you deserve.  However, if your productivity at work is reduced by 15 to 20% because of a physical medical condition, you have a good chance of getting your Social Security disability benefits. What Do I Have To Prove If My Productivity Is Reduced? You’ll have to prove that your medical conditions prevents you from doing substantial work on a continuous and sustained basis.  If you can prove that your medical condition has decreased your productivity by at least 15% of the accepted...

Continue reading

How Reduced Concentration Persistence and Pace Can Improve Your Chance Of Getting Social Security Disability Benefits

One way to qualify for Social Security disability benefits is to prove that your medical condition prevents you from doing substantial work on a continuous and sustained basis.  If your medical condition has reduced your productivity by at least 15% of the acceptable level, you have a better chance of getting your Social Security disability benefits. Concentration, Persistence and Pace of Social Security Disability The Social Security Administration (SSA) uses the terms “concentration, persistence and pace” to describe a Social Security disability applicant’s ability to focus on their work and to maintain the concentration, persistence or pace required of their job. If your...

Continue reading

Are You Entitled to Social Security Disability Benefits Because Of The Side Effects of Medication?

Side Effects of Medication Social Security Disability Benefits

The Social Security Administration (SSA) doesn’t always make it easy for those who can’t do substantial work on a continuous and sustained basis to get the Social Security disability benefits they deserve. However, one way you can win your benefits is to prove that your medical condition has reduced your productivity by 15%.  If your side effects from medication that interfere with your productivity. You may be able to get your Social Security disability benefits. What SSA is Looking For In Your Medical Records SSA will be looking at your medical records to see if the medication you are taking causes significant side...

Continue reading

Social Security Disability Applicant With Diabetes: Getting The Cooperation And Assistance From Your Doctor

Assistance From Your Doctor Social Security Disability

It’s crucial that your doctor support your claim for Social Security disability benefits.  You should lay the ground work with your physician as quickly as possible as that is the key to getting the disability benefits that you deserve. You should tell your doctor the symptoms you have as a result of your medical condition.  The more problems that you have functioning as a result of those symptoms the better. You or your attorney should give your doctor a Diabetes Residual Functional Capacity form to complete.  The Residual Functional Capacity form that will address the following: The objective basis of the diabetes diagnosis, The...

Continue reading

How to Make Your Disability Insurance Company Pay Attention To Your Social Security Decision

Disability Insurance Company Long Term Disability Attorney

Many times long term disability policies require that the policyholder applies for Social Security Disability benefits (SSDB).  The policy will also provide that if you don’t apply for the benefits, the carrier has the right to reduce your disability benefits by what you or your dependent relatives would have received in your Social Security benefits. Once you are awarded benefits, the disability carrier will ask to be repaid any disability benefits and will reduce your benefits in the future. What Happens If They Ignore The Social Security Decision And Deny My Benefits? In the recent case of Melech v. Life Insurance Company of...

Continue reading