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Long Term Disability

CaveyLaw.com > Long Term Disability (Page 4)

How to Make Your Disability Insurance Company Pay Attention To Your Social Security Decision

Disability Insurance Company Long Term Disability Attorney

Many times long term disability policies require that the policyholder applies for Social Security Disability benefits (SSDB).  The policy will also provide that if you don’t apply for the benefits, the carrier has the right to reduce your disability benefits by what you or your dependent relatives would have received in your Social Security benefits. Once you are awarded benefits, the disability carrier will ask to be repaid any disability benefits and will reduce your benefits in the future. What Happens If They Ignore The Social Security Decision And Deny My Benefits? In the recent case of Melech v. Life Insurance Company of...

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What Every Disability Policy Holder Needs To Know About ERISA

What is ERISA Disability Attorney

“ERISA” stands for the Employment Retirement Income Security Act that was enacted in 1974 as a result of the Jimmy Hoffa’s pension scandals.   The United States Congress wanted employers to provide to its employees a pension, health insurance, disability insurance and other employee benefits.  To make this insurance affordable, employers asked for legislative protection from being sued. See our practice area page about LTD ERISA Attorney. What Are The Legislative Protections of ERISA? Preemption If you have to file a lawsuit to get your benefits, it must be filed in Federal Court.  The ERISA statute preempts or prevents you from filing virtually all...

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Can You No Longer Work With Your Scleroderma

Scleroderma Long Term Disability Claims Attorney

The Scleroderma Foundation has recognized June as Scleroderma Awareness Month with annual awareness and fundraising events. What You Should Do If Your Doctor Has Told You That You Can No Longer Work As A Result of Scleroderma You may have purchased a disability policy on your own through your employer hoping you’d never need to apply for disability insurance benefits if you became disabled. Scleroderma in the United States is estimated to be 20 out of every 100,000 people and occurs in all races, genders and at any age. If your doctor has told you that you can’t work anymore as a result of...

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Physical Therapy And Your Claim For Short and Long Term Disability Benefits

Physical Therapy Disability Benefits

One of the leading causes of short and long term disability claims in the United States is low back problems. Your disability policy will require that you get ongoing care, including physical therapy, care for your back condition as a condition for getting disability benefits.  However, did you know that physical therapy can provide little long term relief to back pain? What The Medical Literature Is Saying About Physical Therapy and Disability In a study, published in JAMA, it was found that people who had a recent onset of low back pain got no long term relief for their pain.  The study participants...

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The Two Reasons Why You Need To Appeal The Denial Of Your Erisa Disability Claims

appeal denial of ERISA disability claims

If you have an ERISA disability policy and your claim has been denied there are two reasons why you should appeal the denial of your disability benefits within 180 days of the date of the denial. What Are The Two Reasons I Should Appeal My Denial of My ERISA Disability Claim? 1. The ERISA law requires a policy holder to “exhaust” their administrative remedies before filing a lawsuit. Your appeal is considered your “administrative remedy.” If you fail to timely appeal the insurance company may say that you can’t sue because you failed to exhaust your administrative remedies. Appealing preserves your right...

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Do I Have To Cooperate During A Functional Capacity Evaluation In A Long Term Disability Claim?

FCE and IME disability long term disability

Disability policies generally require policy holders who apply for disability benefits to undergo an Independent Medical Evaluation or even a Functional Capacity Evaluation. If your policy allows for these and you’ve been requested to undergo such an examination, you have the duty to cooperate. What Happens if you Refuse to Perform Tasks Requested or Don’t try Hard Enough During the FCE? Your claim can potentially be denied for “lack of cooperation.” In the case of Ortega-Candelaria v. Johnson & Johnson, 2014 WL 2696725 (1st Cir. June 16, 2014), Mr. Ortega-Candelaria applied for disability benefits and was asked to undergo a Functional Capacity...

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Am I Entitled To Attorneys Fees At The Expense Of The Disability Carrier If They Paid Benefits After A Lawsuit Is Filed?

attorney fees long term disability carrier

If you purchased your disability policy through your employer, your policy is covered under the ERISA law. The disability carrier has the discretion to pay your benefits and, many times, will improperly deny legitimate disability claims. Sometimes filing a lawsuit is what it takes to get your benefits granted. What about Attorneys Fees? In ERISA cases, a court may, in its discretion, award attorneys fees if the parties achieve “some degree of success on the merits.” Is the Mere Filing of a Lawsuit After a Plaintiff Files an ERISA-governed Disability Benefit Claim Sufficient to win an Award of Attorneys Fees? It depends on where...

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What Every LTD Policy Holder Needs To Know About Overpayment Of Benefits

ltd policy overpayment benefits

Many long term disability policies have a policy provision that reduces the amount of long term disability benefits by “other income.” If a long term disability carrier begins making disability payments, they will offer the policy holder the option to: 1. Reduce the amount of disability benefits by an estimated amount of deductible benefits, or 2. Allow the policy holder to elect to receive full payments, without reduction, in exchange for an agreement to notify the carrier of the receipt of other income benefits and to repay any overpayment incurred, as a result of receiving other benefits. What Happens When the Policy Holder...

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What Is Overpayment Of Long Term Disability Benefits?

overpayment long term disability benefits

Many long term disability policies will deduct from your disability benefits any money you might receive for: • Social Security Disability benefits, • Dependent benefits, • Workers’ Compensation, or • Proceeds of a third party settlement arising out of an accident. Many policies will provide the policy holder to either receive the full amount of benefits and agree to reimburse the carrier, if and when they receive any “other income” benefits. The amount that is owed back to the insurance and disability carrier is known as an “overpayment.” What are My Options to Avoid Creating an Overpayment? Alternatively, disability insurance companies can offer you the option to...

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Why Every Long Term Disability Policy Holder Should Hire Their Own Social Security Disability Attorney To Assist Them In Getting Social Security Disability Benefits

hiring a social security lawyer LTD claim

Most long term disability policies will pay full long term disability benefits, but subtract from those benefits other income benefits, such as Social Security Disability benefits. The Games the Representative Company Plays with Long Term Disability Often, the disability insurance company will recommend that you use a service they endorse to help you get the Social Security Disability benefits. While these companies will claim that they represent you, and not the long term disability carrier, the reality is that often these representative companies develop your social Security claim based on medical conditions that only have a limited payment period under the terms...

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