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What Reliance Standard Should Have Done When A Policyholder Couldn’t Attend An In-Person Medical Examination

Reliance Standard IME Claim Denied

It’s not uncommon for the disability insurance companies like Reliance Standard, to schedule an independent medical evaluation.In the case of Mason v. Reliance Standard Life Insurance Company, 14-CV-01415-MSK-NYW, 2015 WL 5719648 (D. Colo. Sept. 30, 2015), the Colorado court found that Reliance’s denial of benefits was arbitrary and capricious.Reliance had scheduled an independent medical evaluation of Mr. Mason and he was unable to attend as he was in the hospital on the scheduled date.Instead of rescheduling, Reliance Standard hired a peer review doctor to conduct a medical review of Mr. Mason’s medical records.Of course, the peer review physician rendered an...

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Hartford Loses Long Term Disability Fibromyalgia Claim

fibromyalgia disability claims attorney Tampa

Disability Carriers don’t like fibromyalgia disability claims and often deny a fibromyalgia claim because of a “lack of objective medical evidence.” So What Happened In Teri Haning’s Claim For Disability Benefits Ms. Haning was treated for over twenty years for fibromyalgia and depression. Yet, Hartford rejected the opinions of her treating physicians and denied her claim. She filed a lawsuit. The Court found that Hartford’s exclusive reliance on a series of file reviewers or paid consultants showed that the benefits termination was arbitrary and capricious.The Court commented “Hartford relied on an overly crabbed view of what constitutes “objective medical evidence” and “documented...

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Physical Therapy And Your Claim For Short and Long Term Disability Benefits

Physical Therapy Disability Benefits

One of the leading causes of short and long term disability claims in the United States is low back problems.Your disability policy will require that you get ongoing care, including physical therapy, care for your back condition as a condition for getting disability benefits.  However, did you know that physical therapy can provide little long term relief to back pain? What The Medical Literature Is Saying About Physical Therapy and Disability In a study, published in JAMA, it was found that people who had a recent onset of low back pain got no long term relief for their pain.  The study participants...

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Meeting A Social Security Disability Listing For An Mental Disorder or Anxiety

Anxiety Disorder Social Security Disability Lawyer

The Social Security Administration (SSA) doesn’t make it easy for those with mental disorders to get the Social Security Disability benefits they deserve.The SSA uses a Five Step sequential evaluation and, at Step 3, SSA will determine whether or not our mental disorder meets a Listing. How Does The Social Security Administration Determine If You Meet A Listing for Anxiety Disorders? The SSA has developed guidelines of which medical conditions qualify a Social Security applicant for Social Security Disability benefits based on their medical records alone.  Section 12 of the Blue Book deals with mental disorders.  It outlines what types of mental...

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The Myths About Applying For Social Security Benefits

Applying for Social Security Disability Benefits Myths

The Social Security Administration (SSA) doesn’t make it easy for those who are disabled to get the Social Security Disability benefits they deserve. There are many myths I hear about the Social Security disability application process. Myth Busting: Social Security Disability 1. It’s easy to qualify for Social Security Disability benefits. That is a myth! Fact: The Social Security Administration uses the Five Step Sequential Evaluation in every Social Security Disability case.You must show:(1) You have a medical condition that would cause you to be disabled for at least twelve months, or result in your death;(2) Have a severe impairment;(3) Meet a medical Listing,...

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What Every Social Security Disability Applicant Needs to Know About Protecting Themselves from a Liar for Hire Consultative Examination

Consultive Examination Social Security Disability

It is not uncommon for the Social Security Administration (SSA) to hire a consultive examiner to comment on your restrictions and functional capacity. The SSA must determine at Step 4 of the Five Step sequential evaluation whether you can return to your past relevant work and, at Step 5, if there is other work you can do in the national economy taking into consideration your functional capacity.SSA will use the opinions of the consultive examiner to answer questions about your functional capacity.Unfortunately, some of the consultive examiners hired by the SSA are “liars for hire.” What You Should Do If You...

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Breakthroughs In The Treatment of Parkinson’s Disease And Your Right To Social Security Disability Benefits.

parkinsons social security disability

The Social Security Administration (SSA) doesn’t always make it easy for those who are disabled to get the Social Security Disability benefits that they deserve.  That includes those with Parkinson’s Disease. What Are The Common Reasons Social Security Will Deny A Parkinson’s Claim? One of the common reasons that a Parkinson’s claims is denied is that an applicant is Parkinson’s disease is “under control”, or isn’t currently disabling, or won’t be disabling for at least 12 months.Research is being done on common diabetes and anti-malaria drugs that may be potential therapies to slow down the disease progression and improve Parkinsonian’s symptoms. Tell Me...

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What You Should Do If the Social Security Administration Advises You that Dr. Alfred Jonas Will Be Testifying At Your Social Security Hearing.

Dr Alfred Jonas Social Security Hearing SSA

Unfortunately, the Social Security Administration (SSA) uses unqualified and biased medical experts at Social Security Disability Hearings. One such non-examining, non-treating physician is Dr. Alfred Jonas, who has often been used by the Social Security Administration (SSA) to testify at Social Security hearings....

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The Two Reasons Why You Need To Appeal The Denial Of Your Erisa Disability Claims

appeal denial of ERISA disability claims

If you have an ERISA disability policy and your claim has been denied there are two reasons why you should appeal the denial of your disability benefits within 180 days of the date of the denial. What Are The Two Reasons I Should Appeal My Denial of My ERISA Disability Claim? 1. The ERISA law requires a policy holder to “exhaust” their administrative remedies before filing a lawsuit. Your appeal is considered your “administrative remedy.” If you fail to timely appeal the insurance company may say that you can’t sue because you failed to exhaust your administrative remedies. Appealing preserves your right...

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Opting Out Of A Social Security Disability Video Hearing

social security video hearing

The Social Security Administration (SSA) uses video hearings to catch up on its backlog. However, having a video hearing isn't always in the best interest of a Social Security Disability applicant because, many times, the Social Security decision is made on the basis of credibility.Social Security Disability attorney Nancy Cavey thinks it is important that you have a hearing in front of an administrative law judge as opposed to a video conferencing. Far too often, administrative law judges seems to be paying far more attention to their computer screens then actually watching a claimant testify. It is stunning to get...

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