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Long Term Disability Applicants Must Apply for Social Security Disability Benefits

UNUM, the nation’s largest disability insurance company, routinely requires long-term disability applicants to apply for Social Security Disability benefits, regardless of whether the applicant is really entitled to Social Security benefits. Why do they do that? Because most long-term disability policies have a provision that allows them to reduce your long-term disability benefits by the amount of any Social Security disability benefits you may receive. If you do not apply, companies like UNUM take the position that you are getting Social Security benefits, and will automatically reduce your long-term disability benefits.UNUM processed “almost 4000 disability claims in 2007, and paid...

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Dentists and Disability Insurance Florida Disability Issues

How much is your peace of mind worth to you and your family?If you become disabled and are unable to work, dental disability insurance is essential to help you maintain your current practice and your lifestyle. According to a recent survey, nearly half of one million people who filed for bankruptcy in the United States did so because of an illness or an injury. If you’re involved in a car accident, suffer a sports injury, or have any other painful condition, you may be unable to continue your practice and be forced to close or even sell your practice.It’s essential...

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What Every Medical Professional Needs to Know About ERISA Disability

It is important that medical professionals understand their long-term disability policy so they can prevent the disaster of being disabled and being unable to recover the benefits they deserve.Did you know that there are three types of disability policies? Do you know which kind you have?The first is an individual disability policy, which you may have purchased directly from a carrier and which provides you long-term disability benefits in the event of sickness or injury.Do you know that there are two types of individual policies? The first is a general policy that insures you against being disabled and being able...

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Cobra Health Coverage and Long Term Disability Claims

At The Law Offices of Nancy L. Cavey it's not uncommon for long-term disability applicants to come to our office with a letter from their employer about continuing their healthcare coverage through COBRA.Federal law requires employers with 20 or more employees to provide COBRA healthcare continuation coverage, and there are specific time limits for choosing this coverage.Unfortunately, many long-term disability applicants are also applying for Social Security Disability benefits and are in need of medical treatment. They have not become Medicare eligible and are facing a gap in their health insurance coverage.While there is no one-size-fits-all answer, there are considerations that...

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What Impact Does ERISA have on My Long Term Disability Claim?

ERISA stands for “Employer Retirement Income Security Act.” It was passed in 1974 for the purpose of protecting employee benefits for group plan participants. Unfortunately, disability insurance policies are subject to the ERISA regulations, which long-term disability carriers refer to as “Everything Ridiculous in the World Since Adam.”ERISA, which is a federal statute, preempts state law. That means that there are no state law causes of action, including bad-faith claims handling.I am sure that your HR manager thought that having a group LTD policy would be a great benefit to the employees and is part of a benefits package that...

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What Every Medical Professional Needs to Know about Disability Insurance

It is important that medical professionals understand their long-term disability policy so they can prevent the disaster of being disabled and being unable to recover the benefits they deserve.Did you know that there are three types of disability policies? Do you know which kind you have?The first is an individual disability policy, which you may have purchased directly from a carrier and which provides you long-term disability benefits in the event of sickness or injury.Do you know that there are two types of individual policies? The first is a general policy that insures you against being disabled and being able...

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Long Term Disability Carrier’s Use of PSY BAR

Unfortunately, long-term disability carriers routinely use companies such as PSY BAR to review long-term disability/ERISA claims involving psychiatric conditions.I recently reviewed PSY BAR’s website and noted that they offer online courses to adjusters and IME doctors.One of the courses, “Psychological and Psychiatric Assessment of Individuals for Disability Insurers,” actually teaches “independent medical doctors” what the long-term disability insurance company’s expectations are and how to meet those expectations in an ethical manner.Interestingly enough, this course identifies what PSY BAR believes to be “common IME errors:”"ERROR NO. 1 – Confusing the needs of the disability carrier with other kinds of coverage including...

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Is the Long Term Disability Carrier Entitled to My Social Security?

At The Law Offices of Nancy L. Cavey, a Florida based long term disability firm, we are oftern asked "Is the long-term disability carrier entitled to repayment because I got Social Security Disability benefits?"Have you read your long-term disability policy? Does it provide that future benefits can be withheld to recover any overpayment arising from a retroactive payment of benefits such as Social Security Disability benefits?In the case of White v. Coca Cola Corporation, the United States District Court for the Northern District of Georgia upheld a provision in Coca Cola’s long-tern disability plan that allowed Coca Cola to withhold...

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Horror at Your Door – A Field Visit and Statement by LTD ERISA Investigator

Knock! Kniock! Freddy is at your dooor! If the a long-term disability or ERISA carrier calls and asked to take your statement or arrange a field visit you are in trouble! Call Nancy Cavey, an experienced long-term disability/ERISA disability Attorney,  before you make mistakes in your statement or field visit by the long term disability/ERISA investigator.Long term disability and ERISA disability claims are denied for three reasons:1. No objective evidence of diagnosis;2. No objective evidence of disability;3. No evidence of causal relationship between the disability and the inability to engage in your own occupation or any occupation.The long-term disability or...

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What is ERISA?

If your disability claim will be made under your employer's group disability insurance policy, it is likely governed by ERISA, which stands for the Employment Retirement Income Security Act. This is a Federal Law enacted in 1973. Under ERISA, you have the right to file a suit in federal court if your claim for disability benefits is denied by your insurance company. Unfortunately, unlike almost any other legal situation, under ERISA the disability insurance company will walk into court with an advantage. The ERISA disability insurance system and your disability policy, shaped by insurance company lobbyists in Washington D.C., is...

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