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Why It’s Crucial That Every Long Term Disability Applicant Pick The Right Date To Be Disabled

Date To Be Disabled Long Term Disability

One of the many challenges in applying for long term disability benefits is to determine the date that you become disabled and the date you should stop working. Before you stop working you should get out your disability policy and consider the following. What is the effective date of your long term disability coverage? If you become disabled before the effective date of your coverage, your long term disability carrier will deny our claim right off the bat on the basis that you’re not qualified for coverage. The Pre-existing Disability Clause Many disability insurance policies will have a pre-existing disability clause that prohibits the...

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Can I Apply For Social Security Disability Benefits Because of My Skin Disorder?

Skin-Disorder-Social-Security-Disability-Benefits

The Social Security Administration (SSA) has created a listing of Impairments to evaluate skin disorders and other conditions that can result from hereditary, congenital or pathological processes. These include:ichthyosis, bullous disease, dermatitis, chronic infection of the skin or mucous membrane, hidradenitis, suppurativa, and genetic photosensitivity.If you have a disability that meets the Listing criteria, the Social Security Administration will consider your skin condition as sufficiently severe to prevent you from performing substantial gainful work. As a result, benefits can be awarded at Step 3! But What About Durational Requirements for Social Security Disability? The SSA does require that these dermatological conditions...

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The Three Things That Social Security Disability Examiners Do When Reviewing Your Medical Records

Social Security Disability Examiners Reviewing Your Medical Records

When you apply for Social Security Disability benefits you’ll be asked to provide a list of your medical providers so that the SSA can gather your medical records. Once your records have been received, the Social Security examiner will review the records and make a decision whether you’re entitled to disability benefits. Your medical records can make or break your initial application.Your medical records must show not only the severity of your symptoms but how your symptoms impact your ability to function on a daily basis. The 5 Steps To Your Social Security Benefits To be eligible for Social Security Disability benefits...

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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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