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Do I Have To Cooperate During A Functional Capacity Evaluation In A Long Term Disability Claim?

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Disability policies generally require policy holders who apply for disability benefits to undergo an Independent Medical Evaluation or even a Functional Capacity Evaluation. If your policy allows for these and you’ve been requested to undergo such an examination, you have the duty to cooperate.What Happens if you Refuse to Perform Tasks Requested or Don’t try Hard Enough During the FCE? Your claim can potentially be denied for “lack of cooperation.” In the case of Ortega-Candelaria v. Johnson & Johnson, 2014 WL 2696725 (1st Cir. June 16, 2014), Mr. Ortega-Candelaria applied for disability benefits and was asked to undergo a Functional Capacity...

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What You Need To Know About A.L.S. And Your Claim For Long Term Disability Benefits

als long term disability

You may have purchased a long term disability policy through your employer, or on your own, to provide you and your family peace of mind if you became disabled. Unfortunately, long term disability carriers don=t always make it easy for those with Amyotrophic Lateral Sclerosis (ALS) to get the disability benefits they deserve.ALS has gotten a lot of news lately because of the ALS ice bucket challenge.Recent Epidemiological Studies About A.L.S. Many Americans connect ALS with athletes and sports because Lou Gehrig, the great Yankees first baseman, died of ALS. A recent epidemiological study revealed that physical activity, work, sports or...

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What Sort Of Medical Treatment Will Trigger A Pre-Existing Condition Exclusion In An Erisa Governed Disability Plan?

pre existing disability ERISA

Many disability plans will have a pre-existing condition clause that prohibit the payment of LTD benefits, if you received medical treatment for a specific period of time before the start of the disability. For example, in the case of Kutten v. Sun Life http://espaciosvivos.es/bw/2014/05/25/green-coffee-bean-weight-loss-does-it-work/http://overhallahus.no/ji/pure-green-coffee-bean-extract-western-australia/ Assurance company of Canada, 2014 WL 3562784 (8th Cir. July 21, 2014), Kutten’s ERISA long term disability policy had a pre-existing condition exclusion clause. The policy defined a pre-existing condition as one in which the employee “received medical treatment, care or services, or took prescribed drugs or medication for the disabling condition 3 months before...

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Am I Entitled To Attorneys Fees At The Expense Of The Disability Carrier If They Paid Benefits After A Lawsuit Is Filed?

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If you purchased your disability policy through your employer, your policy is covered under the ERISA law. The disability carrier has the discretion to pay your benefits and, many times, will improperly deny legitimate disability claims. Sometimes filing a lawsuit is what it takes to get your benefits granted.What about Attorneys Fees? In ERISA cases, a court may, in its discretion, award attorneys fees if the parties achieve “some degree of success on the merits.” Is the Mere Filing of a Lawsuit After a Plaintiff Files an ERISA-governed Disability Benefit Claim Sufficient to win an Award of Attorneys Fees? It depends on where...

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What Every LTD Policy Holder Needs To Know About Overpayment Of Benefits

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Many long term disability policies have a policy provision that reduces the amount of long term disability benefits by “other income.” If a long term disability carrier begins making disability payments, they will offer the policy holder the option to:1. Reduce the amount of disability benefits by an estimated amount of deductible benefits, or2. Allow the policy holder to elect to receive full payments, without reduction, in exchange for an agreement to notify the carrier of the receipt of other income benefits and to repay any overpayment incurred, as a result of receiving other benefits.What Happens When the Policy Holder...

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What Is Overpayment Of Long Term Disability Benefits?

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Many long term disability policies will deduct from your disability benefits any money you might receive for:• Social Security Disability benefits, • Dependent benefits, • Workers’ Compensation, or • Proceeds of a third party settlement arising out of an accident.Many policies will provide the policy holder to either receive the full amount of benefits and agree to reimburse the carrier, if and when they receive any “other income” benefits. The amount that is owed back to the insurance and disability carrier is known as an “overpayment.”What are My Options to Avoid Creating an Overpayment? Alternatively, disability insurance companies can offer you the option to...

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Why Every Long Term Disability Policy Holder Should Hire Their Own Social Security Disability Attorney To Assist Them In Getting Social Security Disability Benefits

hiring a social security lawyer LTD claim

Most long term disability policies will pay full long term disability benefits, but subtract from those benefits other income benefits, such as Social Security Disability benefits.The Games the Representative Company Plays with Long Term Disability Often, the disability insurance company will recommend that you use a service they endorse to help you get the Social Security Disability benefits. While these companies will claim that they represent you, and not the long term disability carrier, the reality is that often these representative companies develop your social Security claim based on medical conditions that only have a limited payment period under the terms...

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The Four Reasons Long-Term Care Insurance Gets Overlooked In The Estate Planning Process

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One of the most commonly overlooked areas in estate planning is deciding whether you should purchase long-term care insurance.Four Reasons Why Long-Term Care Insurance Gets Forgotten Long-term care insurance is the only way to prepare for the future and protect assets that you might want to pass on to your relatives or loved ones.It can also protect you from being a burden on your family!Did you know that over 60% of people over the age of 65 need some kind of long-term care in their life? Medicare simply doesn’t cover many of the long-term care services that are required. It’s important...

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Cognitive Problems As A Result Of Multiple Sclerosis And Your Rights To Social Security Disability Benefits

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One of the most devastating consequences in MS are cognitive problems. It is not uncommon for those with MS to have problems with attention, processing speed and working memory because of problems in connectivity between areas of the brain.How Can I Win my MS Social Security Disability Claim? To win your Social Security Disability claim, you have to prove that either you meet a medical listing for MS or establish that, because of vocational factors, you can’t return to the lightest job you’ve held in the last 15 years or other work in the national economy based on your age, education,...

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What Every Social Security Disability Applicant Should Know About The 5 Steps Used In Determining Their Rights To Social Security Disability Benefits

5 steps social security disability applicant

The Social Security Administration (SSA) doesn’t make it easy for those who are disabled to get the benefits they deserve. SSA uses a 5 Step Sequential Evaluation test when it reviews every Social Security Disability applicant. So, if your doctor has told you to stop working, you should apply for Social Security Disability benefits. Before you do so, ask yourself the following questions:Step 1: Are you gainfully employed? You must establish that you are gainfully employed or that you are earning less than the federal benefit rate (FDR). If in any month, after the period you claim you are disabled, you...

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