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Five Things Every Long Term Disability Policy Holder Should Know About Submitting a Notice of Claim

Submitting a Notice of Claim Long Term Disability

Long term disability carriers don’t make it easy for policyholders to get the disability benefits they deserve. Unfortunately, you can make crucial mistakes from the very beginning of your claim including how and when you submit a notice of claim. Before you “give notice” to the disability insurance company, you should do the following: (1) first, determine whether you have a claim, (2) whether your medical records support your claim, and (3) pick the right day to stop working. Only when you have done those things should you, or better yet, your attorney send the disability carrier (4)  your notice that you will be filing a disability...

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If I Return to Work Should I Withdraw My Social Security Disability Application?

Return to Work Social Security Disability Claim

It depends! Given the time it takes for the Social Security Administration to make a decision; many people have to return to work in some capacity. How much you make a month will impact ultimately, whether your Social Security application will be denied. If you make more than $1,100 per month your claim will be denied because you have “substantial earnings”. There may be months where you earn more or less or you may consistently earn less than $1,100 per month. Whether to withdraw the application prior to the hearing depends on the facts of each case. What We Recommend For You...

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What Every Social Security Applicant Needs To Know About The Signs And Symptoms Of Lupus

Signs And Symptoms Of Lupus Social Security Disability Attorney

If your physician has told you that you are unable to work as a result of Lupus, you should apply for Social Security Disability benefits. Your medical records are the key to winning your Lupus Social Security Disability claim. What Your Medical Records Should Document About Your Lupus Your records should document the following symptoms and how these symptoms impact your ability to function: Low-grade fevers which are not attributed to other illnesses, Rashes or lesions particularly before a flare up, Oral ulcers, Enlarged lymph nodes, Chest or muscle pain, Kidney problems, Pulmonary problems, Swollen joints, Gastrointestinal issues, Thyroid issues and Fatigue. Documenting...

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Substance Abuse Limitations and United of Omaha Disability Insurance

Substance Abuse United of Omaha Disability Insurance

Many disability policies will have a 24-month payment limitations for disabilities due to “substance abuse” and it is not uncommon for disability carriers to argue that, notwithstanding physical problems, a policyholder is really disabled because of drug use. In the case of Blount v. United of Omaha Life Ins. Co., No. 16-3672,-F.App’x, 2007 W.L. 2829102 (6th Circuit, June 30, 2017), Ms. Blount, a former hospital controller began receiving long term disability benefits after leaving work in March of 2008. She was paid benefits for seven years as a result of undifferentiated connective tissue disorder. She also suffered from depression and anxiety...

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How The Date of Termination and The End of Disability Coverage Can Destroy a Long Term Disability Claim

Date of Termination End of Disability Coverage Long Term Disability

In Boothe v. Deseret Mutual Benefit Administrators, No. 1:16-cv-0008-DN, 2017 W.L. 2787748 (D. Utah June 27, 2017) the Court found that because the disability coverage ended on November 2, 2012, when the employee's employment was terminated the claim for disability benefits was correctly denied. Termination Means The End Of Coverage Boothe had been injured in a motor vehicle accident and returned to work with accommodations, four-day work week with one day in the office and three days at home. Her employment ended on November 9, 2012, and she completed an application for disability benefits on December 29, 2012. Boothe’s medical records did not...

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Long Term Disability Policyholder With Growth Hormone Deficiency Is Entitled To Disability Benefits

Growth Hormone Deficiency Disability Benefits

Disability policyholder Tracy Morgan filed a claim with Hartford for long term disability benefits claiming she was disabled as of April 8, 2015, on the basis that she was suffering from chronic fatigue from infectious mononucleosis or a “flare-up of Epstein-Barr Virus”. Ultimately, serological studies showed a former infection with no current illness despite Morgan’s continued symptoms of fatigue and inability to concentrate. As a result, she was referred an endocrine evaluation and while that evaluation was being completed, Morgan was restricted to working 4 hours per day. She continued to suffer from chronic fatigue and nausea and ultimately an...

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Reliance’s Structural Conflict of Interest Results In Reversal of District Court Order

Reliance Short Term Disability Claims

It’s not uncommon for disability insurance companies, like Reliance, to be responsible for both paying benefits and administrator during the claims process. That’s a conflict! Disability carriers routinely have provisions in the policy that provides them with the discretion to interpret the terms of the policy and make a determination of entitlement to benefits. To overcome that denial, the policy holder has to show an abuse of discretion. The Abuse of Discretion Standard While the fact that disability insurance companies, like Reliance, are responsible for paying benefits and administering the claims process, it won’t alter the standard of review. However, depending on what...

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The Four Differences Between Group Disability Policies and Individual Disability Policies You Shouldn’t Ignore

Four-Differences-Between-Group-Disability-Policies-and-Individual-Disability-Policies

You may have purchased a disability insurance policy hoping that you would never need to use that policy. Do you know the differences between a group disability policy and an individual disability policy? You owe it to yourself and your family to know the difference before you become disabled so your family can purchase more insurance or different insurance. What You Need To Know About Group Disability Insurance Unfortunately, group disability benefits are typically inferior to an individual disability policy because they provide less in the way of benefits, are limited in coverage and will have offsets for other income such as...

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Worker’s Compensation Insurance Rates Are On The Decline!

workers comp insurance claim rates Florida

Did you know that Worker’s Compensation insurance renewal rates across the United States have been in decline for over 17 quarters? According to an article by Jim Thompson published in the Worker’s Compensation Institute, entitled Worldwide: Worker’s Comp Insurance Rates on the Decline, not only has there been a worldwide decline in renewal rates across all lines or property, casualty and professional insurance products, this has been going on for over 17 quarters or some 3 years! It’s been suggested that the decline in worker’s comp provider rates is a result of a “feeding frenzy” among insurers in the worker’s compensation...

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You’ll Hate Yourself If You Don’t Learn What The Social Security Administration SSA Wants To Know In Your Initial Application

Making the decision to file for Social Security disability benefits is tough. Now that you’ve made that difficult decision, you can apply for benefits online, on the phone or in person. But, before you apply you need to be prepared. What Are The Four Things The SSA Wants To Know? There’s no doubt that the initial application process is a pain. However, you should take the time to gather the following information: (1) A list of all the doctors who treated you for any disabling condition including their address, phone numbers, and date of treatment. The Social Security Administration will request your medical...

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