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Cognitive Dysfunction And Your Claim For Long Term Disability Benefits

Cognitive Dysfunction

Long term disability carriers don’t make it easy for those who are disabled to get the long term disability benefits that they deserve. Long term disability carriers deny claims on the basis of: A. Lack of diagnostic criteria; B. No clinical connection with disabling medical condition; and C. No objective medical or self-reported symptoms and limitations. Cognitive Dysfunction Cognitive dysfunction is present in a number of medical conditions, including tinnitis, hearing loss, headaches and vertigo. Cognitive dysfunction isn’t evidence of a disability but it’s an important factor to consider in determining the disability. Courts require that long term disability carriers give attention to subjective complaints, assign...

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What Every Erisa Plan Holder Needs To Know About Plan Amendments

erisa law lawyer disability tampa

If you employer offered you a disability policy, you may be covered by the Employer Retirement Income Security Act (ERISA). ERISA governs both pension benefit plans and long term disability benefits. ERISA long term disability plans are amended for one reason or another. Amendments can be classified into two categories, substantive and procedural. Substantive and Procedural Plan Amendments If a benefit is changing or ending, this would be considered to be a substantive. However, if only appeal procedures such as deadlines for submitting an appeal or for decision-makers to make the final decision on a claim, that’s probably a procedural amendment. The general...

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Why Discovery Is Limited In Erisa Cases

discovery erisa disability limited

If you purchased a long term disability policy through your employer, your long term disability policy may be governed by the Employer Retirement Income Security Act (ERISA). If you’re a long term disability policy holder whose benefits have been denied, you can challenge that denial in a federal court. However, you or your lawyer’s rights to conduct discovery and take the deposition of a claims adjuster, peer review doctors or others is generally limited. Why’s Discovery limited? The fundamental goal of ERISA is to provide a “method for workers and beneficiaries to resolve disputes over benefits inexpensively and expeditiously.” Accord Semien v. Life...

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Group Health Insurance Benefits For Those On Long Term Disability Insurance

group health insurance long term disability attorney

When you became disabled you, unfortunately, most likely lost your job and your group insurance benefits. The lack of health insurance can have a devastating impact on your medical and financial future. Websites for help with insurance Did you know that there are a number of websites that can help you find an affordable insurance program? These include the following: • Heathcare.gov: The official site for the Health Insurance Marketplace (a.k.a. Obamacare); • FinancialHelpforHealth.org: A new site from the Robert Wood Johnson Foundation to help consumers learn about credits and subsidies for health insurance; • AARP.org: Solid information on both Medicare and the Health Insurance...

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Discretionary Clauses And Your Long Term Disability Claim

Discretionary Clauses long term disability claims

Get out your long term disability policy and look for something called the “Discretionary Clause”. It’s a clause that lets the long term disability carrier make the decision and requires that the court defer to its decision. It’s what I call a “get out of jail free card.” Fortunately, there are some states that prohibit discretionary clauses in long term disability policies. These states include: California; Colorado; Illinois; Michigan; and Washington. You can determine whether the discretionary clause is applicable to you by looking at your disability policy and what state your policy was issued. What other terms don’t you want to see in your long term disability...

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Making The Decision To Hire An Attorney To Get Your Long Term Disability Benefits If Your Claim Has Been Denied

hiring a long term disability attorney

You bought your long term disability policy to provide you and your family peace of mind if you were unable to work. You’ve even made the difficult decision to apply for disability benefits knowing that your physician and employer have supported your claim. Yet, you’ve gotten a denial from the long term disability carrier. No matter how angry or upset you are, don’t walk away from your long term disability claim. As a disability attorney, I know that very few people look forward to protracted litigation but there are times in life when the only right course of action is...

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The Five Things Long Term Disability Carriers Try To Do To Complicate And Even Deny Your Long Term Disability Benefits

5 things long term disability insurance carriers do

I’m sure that you purchased your long term disability policy to provide peace of mind if you became disabled. You may have every intention of returning to work but simply continue to be disabled while you’re recovering. Don’t think that the long term disability carrier is sitting idly by while you’re collecting disability benefits. There are five things that long term disability carriers can do to delay or even deny your long term disability benefits. These include: 1. Obtaining an Independent Medical Evaluation (IME) by a physician who has been paid to say that you are not disabled; 2. Having a field investigator...

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Can I Attempt A Trial Work Period While Collecting Social Security Disability Benefits?

twp social security disability

Yes! The Social Security Administration has a trial work period (TWP) that lets you test your ability to work for at least 9 months. You will receive your full Social Security benefits, regardless of how much you earn, so long as you report your work activity and continue to have a disabling impairment. In 2014, the trial work month is any month in which your average earnings are over substantial gainful activity (SGA) and your total earnings are more than $1,070. A trial work period will continue until you work 9 trial months within a 60 month period. Months don’t have...

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Should I Handle My Own Long Term Disability Claim?

handle your own disability claim

Sure! Anyone can handle their own disability claim. However, it is rare for those who are unrepresented to be successful in an appeal to get the disability benefits they deserve. Long term disability attorneys, such as Nancy Cavey, have the knowledge and experience to handle your long term disability claims. Unfair carrier tactics Many long term disability carriers will often take advantage of policy holders by employing unfair tactics to delay and deny your claim. They’ll ask for the same information over and over, contact your doctors needlessly and drag their feet before making a decision on your claim. Having a long term disability...

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Can I Receive Social Security Disability Benefits For A Closed Period Of Time If My Health Is Improved?

social security benefits health improved

That depends! You can’t be eligible for a closed period of disability if: The medical evidence establishes you are unable to engage in substantial or continuous period of 12 months, but by the time your disability decision is made, your condition has improved to the point where you are no longer disabled; You haven’t filed an application within 14 months after the period of disability has ended. How much can you get in retroactive benefits? If you do meet the requirements for disability benefits, there’s a 5 months waiting period before you get your first monthly benefit. You can receive up to 12 months of...

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