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Long Term Disability

CaveyLaw.com > Long Term Disability (Page 7)

Tricks Long Term Disability Carriers Will Use to Deny Your Claim for Disability Benefits

long term disability carrier tricks

Many long term disability carriers will use a paper review of your file conducted by its internal medical personnel to determine whether or not there is: 1. An objective basis of your severe diagnosis. 2. An objective basis for the restriction of limitations that have been assigned. 3. A causal relationship between your diagnosis and or restrictions limitations in your inability to perform your own occupation. It is not unusual for long term disability carrier’s medical personnel to determine your records do not indicate an inability to return to work. Next weapon that long term disability carriers will use is a functional capacity evaluation to...

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Do ERISA plans have to abide by Social Security Disability benefit award?

ERISA plans

No, the United States Supreme Court in MetLife vs. Glen, 554 US 105 (208), was troubled when MetLife encouraged Mr. Glen to apply for Social Security Disability benefits, reduced his long term disability benefits by the receipt of the Social Security benefits and then ignored the Social Security finding entirely in denying the long term disability benefits. Many ERISA plans require claims to apply for Social Security Disability benefits and they even provide legal assistance to provide those benefits. Since the Glen decision, many long term disability insurance companies have been careful to reconcile the Social Security determination with their ultimate...

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Why Should I Appeal the Denial of my Disability Benefits?

You purchased a long term disability policy to provide you and your family peace of mind. Unfortunately, long term disability carriers are not in the business of paying disability benefits to their policy holders. They would rather collect the premium. So, what happens after you have submitted your claim and you have been denied? There are two reasons why you should appeal the denial of your disability benefits. Why? 1. Your appeal is your last chance to submit evidence of your disability. You can actually get a copy of your file from your disability carrier which will help you determine the real...

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What is an ERISA Appeal?

If you’ve purchased a long term disability insurance policy through your employer, it, most likely, is governed by the ERISA law. ERISA is a pro insurance federal law which requires that you submit an ERISA appeal if your claim has been denied. Generally speaking, an ERISA appeal is your only opportunity to submit additional information in support of a denied claim. Simply writing a letter saying that your appealing the decision or sending a letter from your physician saying that you are disabled wont win your appeal. It is crucial that the appeal addresses the myriad of reasons that long term...

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Doctors Earn Millions to Aid Long Term Disability Insurance Companies to Deny Claims

doctors long term disability

You bought a long term disability policy to provide you and your family peace of mind if you became disabled. Every year, millions of Americans file for long term disability as a result of illness or injury. Unfortunately, long term disability carriers are in the business of collecting premiums and not paying benefits. One of the ways that they legally deny long term disability claims is by hiring medical doctors to write reports about whether there is an objective basis for the diagnosis, objective basis of any restrictions and limitations, whether they are capable of working in at least a...

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ERISA Mediations, Your Chance to Tell Your Story

medications ERISA disability

If you have purchased your disability policy through your employer and have become disabled, your claim will be governed by the ERISA law. ERISA law is unlike any law in the United States and, quite frankly, it isn’t a fair law. Many ERISA disability policies have a provision in the policy that grants discretion to them to make the claims decision. That discretionary clause unbalances the scale of justice because a Federal Judge must give deference to the decision of the long term disability carrier. It is, quite frankly, difficult to win an ERISA case in court. Your day in court...

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Tips to Reduce Your Risk for Developing Arthritis

arthritis long term disability

Arthritis can be a disabling condition that prevents you from working. If your doctor has told you are unable to work, long term disability benefits may be available to offset lost wages. Did you know there are five tips to reduce your risk of arthritis: 1. Exercise; 2. Don’t push your body past its limits; 3. Watch your weight; 4. Stand up straight; 5. Take a Vitamin D. While family history plays a role in your risk of developing arthritis, the chances of developing many types of arthritis, including osteoarthritis and rheumatoid arthritis increases the older you get. While you can’t...

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Six Reasons Why You Want to Supplement Your Group Coverage with an Individual Disability Income Policy

You may have a false sense of financial security if you only have a group long term disability insurance policy. Individual disability policy attorney Nancy Cavey suggests that you supplement your group coverage with an individual disability policy so that you can have financial peace of mind. Did you know that: 1. Most employer sponsored group plans provide a benefit of 60% of your base salary up to a maximum monthly amount. 2. An individual disability policy can protect the portion of your income not covered by a group plan and will generally cover 80-90% of your total compensation, including...

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Screening Guidelines for Diabetes

Diabetes can be a disabling condition that prevents an individual from working for a long period of time. During this period of illness, treatment and recovery, long term disability benefits maybe available to offset your lost wages. The Diabetes Advocacy Alliance, a diverse coalition of 18 have come to together to change how America approached health burdens imposed by diabetes. According to Martha Ringer, Chief Advocacy Officer, for the American Association of Diabetes Educators. Diabetes “Is a public health crisis that threatens to overwhelm our health system…some 79 million Americans are on the verge of diabetes and another 7 million have undiagnosed...

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Where Should You Have Your Angioplasty?

The American Heart Association has conducted a study and has determined that smaller hospitals are just as safe as large ones for elective Angioplasty. An Angioplasty will open up clogged arteries with a balloon or prop them open with mesh like stents. In the past, many patients have had to travel long distances for Angioplasty or stents. Dr. Thomas Aversano, Associate Professor at Johns Hopkins Medical Institute in Baltimore conducted this study that “may bolster programs that offer Angioplasty at community hospitals, some of which only offer the procedure only during emergencies such as heart attacks” (http://yourlife.usatoday.com/health/medical/story/2011-11-14/angioplasty). If you have purchased an...

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