Seven Disability Insurance Claim Myths, Seven Truths, and What You Can Do

Myths: If you follow the rules when filing your claim and explain your situation the insurance company will approve your claim. If you fill out the form the insurance company sends, you will get your benefits. If you have been awarded Social Security disability benefits you will have no problem getting your claim approved. The [...]


My Short-Term Disability Benefits Were Denied. Can I Still Apply for Long-Term Disability Benefits?

Everything about ERISA Disability claims is confusing for the claimant. In fact, many judges find this practice of law confusing as well. Your attorney’s responsibility is to help you understand how the claim process works because many of the ins-and-outs of ERISA disability seem counterintuitive. When a client has been denied Short-Term Disability, they assume [...]


Can You Work While Getting Long-Term Disability Benefits?

Working can jeopardize your disability claim. Insurance companies will use any work-related activity (including volunteer work) as grounds to deny or terminate your long-term disability benefits, often before you are fully healed and ready to return to work full-time. If you are receiving disability benefits and are considering returning to work, you MUST do two [...]


How to Appeal a Long-Term Disability Denial

To appeal a long-term disability policy denial, you are going to use a 3-stage approach. You will gather your appeal documents and create a plan, research your policy, and finally assemble your appeal and send the documents to the insurance company. In this article, you will find all the steps you need to complete. However, [...]


10 Tips on How to Handle Your Appeal for a Long Term Disability Claim

If you have received a denial letter from your employer's long-term disability company or plan, here is what you need to know: 1) You typically have 180 days to appeal the denial. We say "typically," because some policies may limit your period for denial. You could have more, or less than, 180 days to appeal [...]


Why was my Long-Term Disability Claim Denied?

If your disability claim has been denied, it is likely because of one of two overarching reasons. The bad news is that some denials/terminations are for legitimate reasons and little can be done there. The other reason is for financial reasons. Some terminations are for legitimate reasons, examples include: Failure to satisfy contract conditions Not [...]


New ERISA Trend Alert: Using the Wrong Definition of Disability

This trick (or error) is showing up with increasing frequency. When you purchased your insurance disability policy (or when your employer did), they were essentially paying for a specific definition of disability. The term “disability,” or “disabled,”  is specifically, and carefully, defined in your contract. As such, that definition is of the utmost importance:  it [...]


Information You Need to Know about Fibromyalgia and Long-Term Disability

If you have a long-term disability claim involving fibromyalgia (or any other pain syndrome), then you need to read on.  Fibromyalgia, and pain claims are often the subject of extra scrutiny from disability insurers.  Here is why, and what you can do about it. Pain syndromes are relatively new medical diagnoses.  Not much is known [...]


What You Need to Know About Long-Term Disability Insurance Companies

Before you were injured or became too ill to work, you probably didn’t have a lot of concern about what would happen in this type of event.  You knew you had disability insurance through your employer, so you felt confident that you and your family would be protected.  If you have already been denied long-term [...]


Words You Don’t Want To See In Your Long-Term Disability Insurance Policy

Years ago, the United States Supreme Court made the decision to allow insurance companies to “reserve discretion” for benefits available under disability insurance plans sponsored by employers.  If you see the phrase, “we have discretion to determine benefits,” in your policy, you need to recognize that these are dangerous words. This discretionary clause often causes [...]