Disability Representation For Your Disability Claim


Call Us For Free Consultation Now


Do ERISA plans have to abide by Social Security Disability benefit award?

ERISA plans

No, the United States Supreme Court in MetLife vs. Glen, 554 US 105 (208), was troubled when MetLife encouraged Mr. Glen to apply for Social Security Disability benefits, reduced his long term disability benefits by the receipt of the Social Security benefits and then ignored the Social Security finding entirely in denying the long term disability benefits.Many ERISA plans require claims to apply for Social Security Disability benefits and they even provide legal assistance to provide those benefits. Since the Glen decision, many long term disability insurance companies have been careful to reconcile the Social Security determination with their ultimate...

Continue reading

Why Should I Appeal the Denial of my Disability Benefits?

You purchased a long term disability policy to provide you and your family peace of mind. Unfortunately, long term disability carriers are not in the business of paying disability benefits to their policy holders. They would rather collect the premium. So, what happens after you have submitted your claim and you have been denied? There are two reasons why you should appeal the denial of your disability benefits. Why?1. Your appeal is your last chance to submit evidence of your disability.You can actually get a copy of your file from your disability carrier which will help you determine the real...

Continue reading

What is an ERISA Appeal?

If you’ve purchased a long term disability insurance policy through your employer, it, most likely, is governed by the ERISA law. ERISA is a pro insurance federal law which requires that you submit an ERISA appeal if your claim has been denied. Generally speaking, an ERISA appeal is your only opportunity to submit additional information in support of a denied claim.Simply writing a letter saying that your appealing the decision or sending a letter from your physician saying that you are disabled wont win your appeal. It is crucial that the appeal addresses the myriad of reasons that long term...

Continue reading

Chemotherapy, Breast Cancer, and Your Rights to Long Term Disability Benefits

breast cancer long term disability

Dr. Jim, of the Moffit Cancer Center, has recently published an analysis of how Chemotherapy effects cognitive functioning in Breast Cancer survivors in the Journal of Clinical Oncology. It’s not uncommon that patients that are undergoing Chemotherapy for Breast Cancer experience some kind of cognitive impairment and Dr. Jim’s studies indicate that the cognitive impairment persists even through the end of treatment.The long term effects of chemotherapy include difficulty finding words and lapses in visual spatial abilities. In some groups of patients, changes in both the brain structure and function.If you have been diagnosed with breast cancer or have cognitive...

Continue reading

Social Security Administration Cutting Customer Service Hours

Can you believe it! There is almost a 16 to 18 month wait to get Social Security Disability benefits in the Tampa area, yet, the Social Security Administration is going to be cutting it’s hours of operation at it’s 1,233 field offices for a second time in the last two years.Shorter hours at Social Security offices shortchange Social Security Disability applicants. The administrative costs to run a Social Security Disability office are paid from the same trust fund that provides Social Security Disability benefits to 56 million Americans. Social Security spent $11.4 billion on administration costs this year.Nancy Cavey, Tampa...

Continue reading

Doctors Earn Millions to Aid Long Term Disability Insurance Companies to Deny Claims

doctors long term disability

You bought a long term disability policy to provide you and your family peace of mind if you became disabled. Every year, millions of Americans file for long term disability as a result of illness or injury. Unfortunately, long term disability carriers are in the business of collecting premiums and not paying benefits. One of the ways that they legally deny long term disability claims is by hiring medical doctors to write reports about whether there is an objective basis for the diagnosis, objective basis of any restrictions and limitations, whether they are capable of working in at least a...

Continue reading

ERISA Mediations, Your Chance to Tell Your Story

medications ERISA disability

If you have purchased your disability policy through your employer and have become disabled, your claim will be governed by the ERISA law. ERISA law is unlike any law in the United States and, quite frankly, it isn’t a fair law. Many ERISA disability policies have a provision in the policy that grants discretion to them to make the claims decision. That discretionary clause unbalances the scale of justice because a Federal Judge must give deference to the decision of the long term disability carrier.It is, quite frankly, difficult to win an ERISA case in court. Your day in court...

Continue reading

Peripheral Artery Disease and Your Rights to Social Security Disability Benefits

Peripheral Artery Disease social security disability

Do you have muscle cramping in your legs with physical activity? Experience numb, cold or weak legs? Slow to heal foot sores?You may be suffering from Peripheral Artery Disease (PAD) which occurs when plaque builds up on the walls of your arteries that supplies blood to your legs. If you have diabetes, smoke, have high blood pressure, are 50 or over or are African American, you are at a higher risk for Peripheral Artery Disease (PAD).If your doctor has told you to stop working as a result of PAD, you may be entitled to Social Security Disability benefits.Social Security Disability...

Continue reading

Long Term Disability Insurance Offsets

Did you know that most long term disability insurance policies have a provision in their policy called Social Security Disability offset? You may find this in a definite section under “other income”. Your disability policy will require you, by the terms of the contract, to apply for Social Security Disability benefits. The insurance company forces you to apply for Social Security Disability benefits so that they can reduce the amount of your long term disability benefits by the receipt of your Social Security Disability benefits. It’s enough to make you wonder why they have made you purchase a long term...

Continue reading

Chronic Back Pain and Your Rights to Social Security Disability Benefits

Do you have chronic back pain on a daily basis? Doing the simplest of tasks around the house or at work can be difficult, painful and downright unbearable. Unfortunately, surgery may not relieve your back pain and despite physical therapy, injections and even surgery, you may still have chronic back pain.According to the National Institute of Health, Americans spend over $50 billion every year to treat aching, sharp, burning, numbness and tingling back pain. If you have had those symptoms for more than six months, you have chronic back pain.That chronic back pain can also cause fatigue, sleepiness, anger, anxiety and depression.To...

Continue reading