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ERISA

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, pre-empts 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 should look for in a disability insurance policy.

For medical providers just out of school, buying a disability insurance policy probably ranks last on their list of things to do. After all, you have just finished your training. You're young and healthy. What are the odds that you're going to become disabled? You may not think that a broken arm, a problem pregnancy, or a car accident may be disabling, but anyone of them could keep you out of work. According to the Health Insurance Association of America, over 30 percent of Americans ages 35 to 65 will suffer a disability that lasts at least 90 days sometime during...

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I don’t need disability insurance. I have it through my employer!

Many people insist that they don't need disability coverage because they have it through work. However, you should understand that most company issued group disability insurance only provides you with 60 percent of your salary, with a monthly maximum limit of $5,000 to $10,000. That can be less than 60 percent of your salary. These benefits are also fully taxable, which means that you get significantly less than 60 percent of what you're used to. Can you and your family survive on 40 percent of your salary? Most group disability insurance policies will also have a provision that will reduce your disability benefits...

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Shopping for a policy.

There are six disability insurance companies in the United States, and you can check their ratings at Moodys.com Standard & Poors.com or Ambest.com; however, company strength is not the only criteria. One of the most important criteria is the claims payment and claims denial rate of the long-term disability insurance company. You may have the most financially secure disability insurance company, but one which has the worst record in claims payment. Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188. ...

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Non-cancelable contracts.

You can buy a non-cancelable and guaranteed renewable policy, a guaranteed renewable policy and a conditionally renewable policy. Obviously, a non-cancelable contract is the best because you lock in your rates and benefits. The insurance company can't change them. Completely avoid conditionally renewable policies because the long-term disability insurance company can put any condition on it, raise the rates, and change the policy terms. Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188. ...

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Total disability and Your Long Term Disability Claim

One of the most crucial definitions in a long-term disability policy is that of total disability. If you have purchased or own a occupation policy and are disabled and can't perform the principal duties of the job you have, you will be paid long-term disability benefits even if you can do other tasks. For example, if you are a cosmetic dentist and can't perform the principal duties of that job, you are entitled to long-term disability benefits. Another important provision is residual disability benefits. Even if you become disabled, you may want to keep working. So long as you are not working...

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Long-term disability and coronary artery disease.

Mrs. C, who suffered from hypertension, hyper-lipidemia, COPT, cerebrovascular disease, coronary artery disease, and emphysema, underwent an angiogram that showed a high-grade stenosis for which she had stenting on three occasions and a subsequent venous graft. Her treating physician opined that she was permanently restricted from her job as a vocational rehabilitation counselor and, as a result, she was initially granted long-term disability benefits based on her inability to perform her job. She was entitled to continue disability benefits if she was unable to perform her own occupation, which was defined as "usual and customary employment, business trade or profession or vocation...

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Denied Long Term Disability Benefits Because of the Lack of Medical Treatment | Tampa Bay Disability Insurance Lawyer

I am often asked if a long term disability carrier can deny a claim for long term disability benefits because my client can't afford to get medical treatment? It is not uncommon for a long term disability recipient to lose their health coverage and be unable to obtain medical treatment. On the other hand, there are long term disability applicants whose medical condition is stable and while they remain disabled, there is really no treatment that would result in any significant improvement. While, in some circumstances, failure to seek treatment or failure to follow a prescribed treatment can be used...

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Long Term Disability Insurance Benefits Denied Because of Transferable Skills | St. Petersburg Disability Insurance Lawyer

My long term disability carrier says I have "transferrable skills" and is denying my claim for benefits. What are transferrable work skills? Transferrable work skills are skills that are transferrable to a similar or related job. The long term disability carrier will have a vocational rehabilitation counselor review your file to determine whether you have skills that are transferrable to other jobs. It is common to see this done when the standard of proof for your long term disability benefits changes from the inability to engage in your own occupation to an inability to engage in any other occupation by...

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Federal Court Fines UNUM for Requiring LTD Receipents to File False Social Secuirty Disability Claims | Tampa Long Term Disability Attorney

Unum was found quilty of requring LTD applicants to file for Social Security Disability even if the applicant was not entitled or eligible for Social Secuity Disability. The court found that UNUM conduct was a violation of the false claim's Act and fined UNUM $11,000 for each violation. If you have been required by UNUM to file a claim for Social Security Disability, contact Cavey and Barrett. The full text of the decision is found below "2009 U.S. Dist. LEXIS 24340, * UNITED STATES OF AMERICA, ex rel. PATRICK J. LOUGHREN, Plaintiff, v. UNUMPROVIDENT CORP., et al., Defendants. Here, although each...

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