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What Happens After Your ERISA Law Suit has been Filed?

You purchased a long term disability policy to provide you with peace of mind. But, when you least can afford it, your disability carrier has denied your benefits and has rejected your appeal.Your next and only recourse is to higher a long term disability attorney to sue your long term disability carrier. Your attorney will file what is called a complaint which outlines the facts of your case and why you are entitled to benefits. There generally is no activity for 60 to 90 days after a claim is filed. Why? The complaint is filed and then served on a...

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Continuing Disability Statements and Your Rights to Long Term Disability Benefits: The Introduction

traps for disability statement

You may have received a phone call or letter from your long term disability carrier advising that they want to take “a continuing disability statement”, they may even come to your house to attempt to take the statement which I strongly discourage. The introductory part of the continuing disability statement will include:1. The agreement that the interview site is an agreeable location 2. Identify who is present and their relationship, if any, to you 3. The day’s date and time 4. Your acknowledgement that the interview is going to be recorded and your agreement to the same 5. Questions as to whether you are...

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Don’t Destroy Your Social Security Disability Claim By Failing to Accurately Complete the Work History Report

Work history Social Security disability

When you apply for Social Security Disability benefits the Social Security Administration is going to send you a form called the Work History Report form (SSA-3369-BK) http://www.ssa.gov/online/ssa/3369.pdfUnfortunately, many Social Security Disability applicants don’t do a complete job of filling out the form which can result in the denial of your claim.The Work History Report form is interested in the jobs that you have held in the last 15 years. You need to describe how many hours and days you worked in a typical work week.While completing a work history form you should ask yourself what part of the work that...

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Student Loan Discharge and Social Security Disability Benefits

The United States Department of Education has issued final regulations to remit a “total and permanent disability” (TPD) discharge based on a bar Social Security Notice of Award for Social Security Disability Insurance (or SSDI) 77freg6608 (November 1st, 2012).Federal student loan borrowers can have their debt discharged if they have a total and permanent disability and the Notice of Award on it’s own will now suffice as proof of the borrowers TPD.If you do receive a discharge on this basis, you will be subject to a three year discharge review by the Department of Education and if SSA finds that...

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Make Your Medical Records Work for You and Your Claim for Long Term Disability Benefits

medical records long term disability

When you apply for short or long term disability benefits, carriers will obtain your medical records and have your physician complete what’s called an Attending Physician's Statement Form.Make Your Medical Records Work for You Those medical records and what your physician has to say about your restrictions and limitations can make or break your disability claim.It’s crucial that your doctor document, with your assistance, your physical or psychiatric complaints, how those complaints impact on your ability to function and establish an objective basis for your doctor’s opinions about your restrictions and limitations.Many times, disability carriers will deny disability claims on the...

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Approved Today, Denied Tomorrow Games Long Term Disability Carriers Play!

Long term disability carriers aren't in the business of paying benefits! There real business is collecting premiums and investing. The Transition in the Definition of Disability An approval of your disability claim today doesn't mean that they are going to continue to make payment of the benefits tomorrow.It’s not uncommon for carriers to review files closely in the transition from short to long term disability, from long term disability, own occupation benefits, to long term disability, any occupation benefits, and after an award of Social Security Disability benefits. Games Disability Insurance Carriers Play Disability carriers will routinely ask you to fill out activity of...

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How to File a Request for Reconsideration of Your Denied Social Security Disability Clam?

social security reconsideration request

The Social Security Administration doesn’t make it easy for those who are disabled to get the Social Security Disability benefits that they deserve. You may have received a notice from the Social Security Administration denying your initial application for benefits that includes information on how to appeal a decision. You must appeal the writing within 60 days on the date that you receive the notice.Starting the Appeal. You can begin your appeal in several ways:1. You can call your local Social Security field office and tell them you want to appeal the decision denying your benefits. They will send you...

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Can My Social Security Disability Claim be Denied Because I Earn Too Much Money?

Yes! The Social Security Administration uses a 5 Step sequential evaluation to determine your entitlement to benefits. Significant Gainful Activity At Step 1, the Social Security Administration determines whether or not you are working and, if so, whether or not that work constitutes “substantial gainful activity” (SGA). In 2013, if you earned more than $1,040 per month, you have earned too much money to be considered disabled. Income from investments does not count towards SGA. This figure is adjusted annually. Supplemental Security Income (SSI) If you are not insured for disability purposes, you can apply for Supplemental Security Income (SSI) which is a disability...

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Articles Claiming Social Security Disability Program Is Out of Control are Just Flat Wrong

social security disability articles

Have you read articles that attack Social Security Disability as being the “new welfare” or suggest that United States has a “disability insurance complex”? Nothing could be further from the truth.To be eligible for Social Security Disability benefits, you must have worked 20 out of the last 40 quarters, contributing the Social Security Disability Insurance program. A portion of your paycheck has gone into this program to provide benefits to workers who are unable to perform substantial work because of a serious medical condition.While there has been a rise in Federal Social Security Disability rules, there are a number of...

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Does the Social Security Administration have a Listing for Chronic Fatigue Syndrome?

chronic fatigue syndrome listing

To determine whether or not you are disabled, the Social Security Administration uses a five step sequential evaluation process. To determine whether you are disabled at step three, the Social Security Administration usually considers whether your impairment is severe enough to meet or equal a listing.The Social Security Administration has developed the listing of impairments for most common impairments but, unfortunately, the Social Security Administration has no listing for Chronic Fatigue Syndrome. As a result, it cannot be found in the list of conditions at step three of the five step sequential evaluation. However, that doesn’t mean you won’t get...

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