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Long Term Disability

CaveyLaw.com > Long Term Disability (Page 3)

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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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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How Long Term Disability Carriers Use the Mental Nervous Limitation Provisions Against Policy Holders To Limit Benefits

Mental Nervous Limitation Provisions Disability Claims

Many disability policies limit the payment of disability insurance benefits if the policy holder has a psychiatric condition. The key to understanding the Mental Nervous exclusion turns to the language in the policy. Unfortunately, there is no uniform policy language. For example, policies can provide for a: (1) mental illness exclusion based on “caused by or contributed to” language, (2) mental illness exclusion based on a disability based solely on a mental illness. These are completely two different types of mental illness exclusion provisions. The more problematic one is the mental exclusion that uses the “caused by or contributed to” language. Why Is That? For...

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What Every Long Term Disability Policy Holder Should Do If Their Claim For Cognitive Disorder Has Been Denied Based On A Neuropsychological Report

cognitive problems disability claims

Unfortunately, long term disability carriers don’t make it easy for those with cognitive dysfunction to get the disability benefits they deserve or to stay on claim. One of the tactics that disability carriers routinely use is to claim that the cognitive problems are really just the manifestation of underlying psychiatric conditions. As a result, a policy holder’s benefits will be limited to just 2 years. To bolster this defense, they’ll have an “independent” medical evaluation by a “liar for hire” neuropsychologist who’s job it is to give the disability carrier ammunition to deny the claim. That’s particularly true because cognitive problems...

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How A Long Term Disability Claimant Can Prove Cognitive Dysfunction In Their Long Term Disability Claim

Cognitive Dysfunction Long Term Disability Claims

It’s not uncommon for cognitive problems to be caused by: Dementia Traumatic Brain Injury Brain tumors Multiple Sclerosis Acquired Immune Deficiency (AID) HIV associated Dementia (HAD) Stroke Cancer Related Fatigue Huntington’s Disease Parkinson’s Disease. Unfortunately, long term disability carriers don’t make it easy for those with cognitive dysfunction to get the disability benefits they deserve or, improperly, attempt to limit the policy holder’s benefits to just 24 months of benefits under the policy’s mental/nervous limitation. What Should Every Long Term Disability Policy Holder With A Cognitive Dysfunction Do? Neuropsychological testing is one way to establish disability. However, the neuropsychological testing should be only...

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Symptoms Long Term Disability Carriers Expect To See In A Policy Holder’s Medical Records With Lyme Disease

Lyme Disease Long Term Disability Claims Attorney

Chronic Lyme disease patients can have a long hard fight to get the disability benefits they deserve. Those with Lyme disease have many debilitating symptoms including severe: fatigue, anxiety, headaches, and joint pain. It’s a complex disease that s difficult to diagnose. Reliable diagnostic studies aren’t available and disability carriers always look for a formal diagnosis of Lyme disease based on the tell tale signs of Lyme disease: (1) the discovery of a tick on the skin, (2) a bulls-eye’s patter rash, and (3) and possible joint pain. However,  according to the International Lyme and Associated Disease Society, ILADS, points out that only “50-60% of...

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This Is What Happens When A ERISA Disability Policy Holder Is Left High and Dry

ERISA Disability Claim Appeals

You purchase a long term disability policy to provide you with peace of mind if you became sick, injured or disabled. Unfortunately, long term disability carriers don’t make it easy for the disability policyholders to get the disability benefits they deserve. Understanding The Disability Insurance Claims Process There are 4 possible scenarios in the claims process. Be sick, injured or disabled people but haven’t yet filed a claim; Applied for benefits and are waiting for a decision of coverage; Been denied in the appeal process stage or; You exhausted the right to appeal the claims denial. Sick, Injured Or Disabled But Not Yet Filed...

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The Ugly Truth About ERISA Plans And Contractual Limitations Period

When Does The Meter Run On Your ERISA Disability Claim? In Heimeshoff v. Hartford Life and Accident Insurance Company, U.S.#12-729(December 16, 2013) the United State Supreme Court found that “absent the controlling statute to the contrary a participant and a plan may agree by contract for particular limitations., even when it starts to run before the cause of action approves, as long as the period is reasonable.”   That is bad news for an ERISA policy holder whose claim has been denied. The Contractual Limitations In An ERISA Disability Plan The Hartford Life and Accident Plan in the Heimeshoff case included a provision that...

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The Ugly Truth About Why Every Physician Should Have Disability Insurance

Disability Insurance Benefits for Physician

Did you know that nearly 1 in 5 people living in the United States have a disability for over a year or until they reach the age of 65.  Physicians see on a day in and day out the devastating impact of injury or illness.  Unfortunately, many physicians don’t have long term disability insurance or don’t have proper income protection. It’s The Perfect Time To Add Or Increase Your Disability Insurance If You're A Physician Physicians typically earn more than $200,000.00 per year and have a lifetime earning potentials in the millions.  Obviously, they have more to protect and more to lose. It’s...

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