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Long Term Disability

CaveyLaw.com > Long Term Disability (Page 11)

The Truth About How Long Term Disability Carriers Try to Clean Up Their Books

Unfortunately, many long term disability carriers try to clean up their books every quarter just before they have to make quarterly reports to their share holders. It’s not uncommon for many long term disability policy holders to get letters stating that their long term disability benefits were denied or terminated. If you’ve been denied long term disability benefits in Virginia or your benefits were terminate, the clock is ticking. You have 180 days to appeal the insurance companies decision to deny or terminate your benefits and many long term disability carriers are waiting for that clock to run out hoping that...

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How to Find Low Cost Health Care Options if You Are On Short or Long Term Disability Benefits

It is not uncommon for short and long term disability applicants to lose, at some point, their group health insurance coverage when they are terminated by their employer. It is important that you get medical care not only for the treatment of your disabling condition or you are generally required by the terms of the disability policy to prove on going treatment. If you find yourself uninsured and unable to afford health care while you are collecting long term disability benefits, you should consider the following low cost health care options: Enroll in community health centers. There are many community...

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Six Most Common Reasons for Disability Insurance Policy Denials

You should protect your income, particularly if you are a small business owner or a professional like a doctor, lawyer or dentist. Before you apply for disability insurance polices, you should know the six most common reasons for your disability insurance carrier to say no to your disability application and refuse to cover you. These include: Your health, age or build High risk or uninsurable job Self- employment where you work out of the home. Working oversees Too much existing disability insurance coverage Not enough income If your disability application has been denied, you should sit down and have a conference with your agent to learn the...

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If Your Doctor Has Diagnosed Heart Failure and You Are Taking Medications that Cause Side Effects You May Be Entitled to Long Term Disability Benefits

Many Americans who purchased long term disability benefits to protect them in the event that they are unable to perform their occupation. If you haven diagnosed with heart failure, you may be entitled to long term disability benefits. To help manage your heart failure you should: Monitor you weight. Take medication as directed. Limit your salt and sodium intake. Don’t smoke. Stay active. Your doctor may prescribe medications to help you with your conditions. Usually these medications are ace inhibitors, diuretics, glycosides, angiotensin receptor blockers and beta blockers. Unfortunately, these medications can cause significant side effects which impair your ability to work. If your physician has told...

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ERISA and the 18 Mistakes That a Workers’ Compensation Claims Lawyer Can Make

In 1974, the United States Congress passed the Employee Retirement Income Security Act (ERISA), which is the statutory basis for welfare benefit plans, including group health and group disability plans. Many injured employees have ERISA disability policies, which provide either the payment of short term disability or long term disability benefits. ERISA litigation is a mixture of workers compensation, Social Security, contract law, medical and vocational issues. However, every workers’ compensation practitioner should know that ERISA is complicated and not for the faint of heart. ERISA’s Short Term Disability Claim Process Many employers will offer a short term disability policy that provides for...

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Inside Six Secrets to Getting the Right Long Term Disability Policy

Nancy Cavey, an ERISA long term disability attorney based in the Tampa Bay area has written the go to guide entitled Robbed of Your Peace of Mind, which helps explain some examples of getting the right long term disability policy. While there are many policy terms you do not want to see in a long term disability policy there are six features that make for a great long term disability policy: 1. A policy that pays disability benefits if you are unable to do your specific job. Many long term disability policies pay benefits based on a persons occupation not based on their...

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What Every State Legislature Can Do to Protect ERISA Disability Policy Holders

ERISA disability policies hide behind an important clause in their long term disability policy in justifying their claims denial, that’s called a “discretionary clause”, a discretionary clause gives all the power to the long term disability carrier to deny your benefits. Courts will defer to the long term disability carriers decision making it very difficult for wrongfully denied long term disability policy holders to win their case. Many states are now tempting to use their power to regulate the insurance industry by banning discretionary clauses and policies issued in the state. These include states like Washington, California, and Texas. We in Florida...

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Long Term Disability Insurance Carriers Will Deny Your Claim by Mis-Classifying Your Occupation

It is not uncommon for long term disability carriers to have a vocational evaluator determine that your occupation is sedentary in nature and then, in turn allege that your medical records can’t support your inability to [caption id="" align="alignright" width="173" caption="Occupation Long Term Disability"][/caption] perform the full time functions of a sedentary occupation. The vocational evaluator, together with an internal physician peer review, will determine that your restriction and limitations and qualify you for a sedentary occupation. Why? If you are capable of engaging in at least a sedentary occupation, you are not entitled to long term disability benefits. It is important in appealing...

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If You Don’t Plan for Your ERISA Long Term Disability Benefits to be Reduced by the Receipt of Social Security Benefits, You’ll Hate Yourself Later

A long term disability policy is supposed to provide you with peace of mind. Unfortunately, many long term disability insurance  policies have a clause in the policy which allows the long term disability carrier to reduce your long term disability benefits by the receipt of Social Security Disability benefits and even other income such as workers compensation. If, for example, you make $24,000 before you became disabled, your pre-disability income was $2,000 per month. Long term disability benefits normally pay 60% of the pre-disability income and in this case, the gross monthly LTD benefits would be $1,200. That sounds okay but if...

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Make Sure Your Buyout Offer Doesn’t Destroy Your Long Term Disability Claim

Employers, in these difficult times, are offering their employees buy out packages. If you are applying for long term disability benefits, or your long term disability benefit claim has been denied, you should carefully read any buy out offer. Why? In the fine print there might be a clause that says that you are giving up any “ERISA claims”, that’s code word for short or long term disability claims. You will have to negotiate with your employer to exclude any ERISA claims from any buy out. It is important that you adamant about that particularly if you have a short or...

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