30 March

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

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...

26 February

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

Posted by Nancy Cavey

in Long Term Disability

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...

17 February

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

Posted by Nancy Cavey

in Diseases

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...

27 January

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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?

Posted by Nancy Cavey

in Long Term Disability

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...

20 January

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

Posted by Nancy Cavey

in Long Term Disability

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...

12 January

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What Is Overpayment Of Long Term Disability Benefits?

Posted by Nancy Cavey

in Long Term Disability

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...

08 January

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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

Posted by Nancy Cavey

in Long Term Disability

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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