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Long Term Disability

CaveyLaw.com > Long Term Disability

Are You a Salesperson Whose Disability Insurance Policy or Plan Has Occupational Classes That Can Impact Your Disability Insurance Benefits?

Salesperson misclassification of occupational class and disability insurance

A disability insurance company can offer to an employer disability insurance benefits for its employees that lumps occupations into classes. Why? Disability carriers will lump jobs into specific occupational classes based on risk. These classes take into consideration the hazards of the job, the length one may be disabled and the odds that a disabled policy holder won’t return to work. In other words, the disability carrier will use an occupational class to determine the premium you will have to pay, what benefits the policy will provide and the maximum benefit you can get. It is common for sales-based employers to offer a...

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My Long-Term Disability Claim Has Been Denied Do I Have to Exhaust All Levels of Appeal Even If My Appeal Won’t Matter?

Long Term Disability Appeal Court Claims

You paid your premiums, filed your claim when you were no longer able to work, and waited for your check. But instead of a check, you got a letter denying your claim. A long-term disability claim denial can be devastating. Alternatively, your claim might have been accepted, but now you’ve gotten a letter from the disability carrier terminating your benefits. The denial or termination letter should explain the basis of the denial or termination, your rights, and your obligation to file an appeal of the denial or termination.   Do I have to Exhaust All Levels of Appeal before Going to Court?   The short answer...

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Must You File an Appeal of Your Denied Long-Term Disability Claim or Can You Just File a Lawsuit?

File an Appeal of Your Denied Long-Term Disability Claim Lawsuit

The answer is “Yes,” you must file an appeal first before you file a lawsuit. Fighting your long-term disability carrier can be exhausting. Delay, endless requests for more information, not so “independent” a “medical evaluation,” surveillance and denial, are all designed to wear you out. You might be tempted to say “nuts” to that and just file a lawsuit in court. Unfortunately, that can destroy your case.   What Are Your Obligations to File an Appeal of a Denied Long Term Disability Claim?   Every disability policy or plan has a requirement that an appeal of a denied claim be filed before suing to get the...

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Nurse Anesthetist‘s Opioid Addiction and Long-Term Disability Insurance from United Heritage Life

Anesthetists Nurse ERISA Disability Insurance Claims

It is not uncommon for disability policy holders to develop opioid pain medication addiction after undergoing surgery.  Opioid addiction can be even more problematic when the policy holder is a medical professional like a certified registered nurse anesthetist. The American Association of Nurse Anesthetists has a return to work program for recovering nurses to re-enter the work force which provides, in part, that nurses         “may return to work in a ‘supervised setting’ following treatment for addiction” recognizing “more time away from the workplace may be needed to reduce risk of relapse.” The Guidelines recommend that a recovering nurse  may practice under supervision. How Do...

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How A Long Term Disability Application Can Overwhelm A Disabled Policy Holder

Long Term Disability Application Policy Holder Attorney

It's difficult to make the decision to stop working and apply for disability benefits. The application process can be daunting. Before you stop working, you should do the following: - review your long term disability policy to understand what you have to prove, the deadlines for submitting your claim, the deadlines for supplying medical records and the deadlines for appealing a denial, - what medical conditions are excluded under the preexisting condition, - or whether your benefits will be limited under the subjective or mental nervous provisions of the policy. It's also crucial from a financial standpoint that you know how long your waiting...

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A Misstep In Talking To Your Doctor Can Destroy Your Long Term Disability Insurance Claim

treating physicians long term disability claims

Many disability insurance policies have mental nervous limitations that limit the payment of disability benefits to just 2 years if you have a psychological or psychiatric condition that causes or even contributes to your disability. Get out your disability policy and read it closely, what does it say? You should be careful about discussing your emotional state with your treating physicians. Why Should You Be Careful In Talking With Your Doctor About Your Long Term Disability Claim? Disability carriers are looking for reasons to limit the payments of disability benefits. They're also looking for ways to ignore physical causes of disability. An easy way...

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What Every Long Term Disability Policy Holder Needs To Know About Experimental Treatment For Arrhythmia

Arrhythmia Long Term Disability Treatment

Those with arrhythmia have an electrical system which no longer maintains a regular heartbeat. A sudden frequent burst of a rapid heartbeat can result in sudden death. In fact, an estimated 320,000 Americans die of arrhythmia each year. Exciting New Arrhythmia Treatment News! Researchers at the Washington University in St. Louis have published a study in the New England Journal of Medicine about an experimental treatment that shows promise. Short bursts of radiation aimed at the heart help obliterate the cells of the heart that cause an electrical malfunction. The treatment requires weeks to take full effect but it appears to be...

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What Every Long Term Disability Applicant Needs To Know About Attending Physician Statement Forms

Attending Physician Statement Forms Long Term Disability

If you plan on applying for long term disability benefits, you should know that your physician will be asked to complete Attending Physician Statement forms (APS). These forms are specifically designed so that the right questions aren't asked about your particular medical condition. Why Are Attending Physician Statement Forms Important? The disability carrier doesn't want to pay your disability benefits. Worse yet, the APS forms are designed to lead your physician to render an opinion that you're capable of engaging in sedentary work. If you're in the "any occupation" stage of your disability claim, your ability to engage in sedentary employment will result...

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Getting The Long term Disability Benefits You Deserve For Chronic Back Pain

Chronic Back Pain Disability Insurance Benefits Long Term

Americans spend over 50 billion dollars every year treating aching, sharp, burning, numbness and tingling back pain. If you have had those symptoms for more than six months, you have chronic back pain, however, disability carriers just don't understand how debilitating chronic pain can be. What should I do before I stop working and apply for benefits as a result of chronic back pain? While your doctor may have told you to stop working, you shouldn’t do so, until you do the following: Obtain a copy of your disability insurance policy. What is the standard for disability? Are there any limitations? Many...

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What Every Type One Diabetic Needs To Know About Their Disability Insurance Policy

Diabetes is a disabling condition that has terrible complications, including heart disease, stroke blindness, chronic kidney disease, amputation, and even death. This disease and or condition is something we see when dealing with long term disability insurance carriers in disability claims. What about type one diabetes? There are many complications with type one diabetes that disability insurance carriers simply don’t understand. These complications include the following: - 57% have eye problems - 13% have kidney disease - 60% have nerve damage - 50% have cardiovascular disease. I have found that Long term disability carriers simply don’t understand the complications of a type one diabetes claim. It is...

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