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Social Security Administration May Appoint A Representative Payee In Your Social Security Disability Case

If the Social Security Administration (SSA) determines that a beneficiary is unable to handle their own funds, SSA will appoint a representative payee, who will receive the funds on behalf of the beneficiary.The representative payee will act as a trustee over the funds and is supposed to make sure that the funds are used solely for the immediate and foreseeable needs of the beneficiary.  Any remaining benefits are to be conserved or invested by the representative payee pursuant to the rules.However, when a beneficiary becomes capable of handling their own funds, they are no longer in need of a representative...

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What Does The Term “Disability” Mean In My Disability?

what does disability mean

There is no uniform definition of disability. You have to get your policy and review it closely. Disability is one of the most litigated policy terms because when you file a claim for disability, the insurer has to determine if you’re disabled based on the definition of disability within the policy.What are all the Various Types of Disability Policies? There are “Own Occupation” disability policies which will pay a policy holder if they’re unable to engage in his or her own occupation.Other policies are known as “Any Occupation” policies that pay if you’re unable to engage in any occupation but you’re...

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More Bad News About The Delay In Social Security Hearings

social security disability hearing delays

The time for Social Security Disability hearings gets longer.The Social Security Administration doesn’t always make it easy for those who are disabled to get the Social Security benefits they deserve. It’s not uncommon for initial applications, and even requests for reconsiderations, to be denied and, as a result, the Social Security Disability applicant has to file a Request for a Hearing.What’s a Request for a Hearing? A Request for a Hearing asks that the case to be transferred to a Social Security Disability Administrative Law Judge to have a hearing on an applicant’s right to Social Security Disability benefits. At the...

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

FCE and IME disability long term disability

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?

attorney fees long term disability carrier

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

ltd policy overpayment benefits

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?

overpayment long term disability benefits

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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