Long Term Disability

/Long Term Disability

Why Are Long-Term Disability Claims Usually Denied?

Long-term disability claims are complicated. If you are dealing with a claim yourself, this probably comes as no surprise. Disability claims are denied all the time, most often for either of these two reasons: The claimant does not meet the conditions for being disabled as defined in his/her contract, but usually and more likely... The [...]


Can You Lose Your Long Term Disability Benefits?

The short and tragic answer is yes, and it happens to many disabled individuals. The issue is hinged on the definition of ‘disability’ as defined in your insurance policy. There are two definitions of disability in your insurance policy; “own occupation” and “any occupation.” From the time your disability policy becomes active, you are in [...]


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 [...]


The Objective Medical Evidence “Shell Game” – ERISA Denials

There is so much that we don't understand about certain diseases. Doctors and scientists are working around the clock, trying to understand Lyme disease, fibromyalgia, and even chronic migraines. Traditional testing provides little insight into these conditions, and few tests exist to "prove" individuals have illnesses like these. Even if a doctor diagnoses your disease, [...]


I Lost My Long-Term Disability Case in Court. Do I have to Pay the Insurance Company’s Attorney Fees?

It is rare that an insurance company will be awarded its attorney fees in defending your long-term disability claim in federal court. While the law allows the insurance company to apply for payment of its attorney fees if it wins your disability case, it is rare that a court will make you pay. In one [...]


How do Insurance Companies Define Your Occupation for Long-Term Disability Benefits?

A long-term disability insurance company cannot define your occupation for you. Long-term disability insurance policies typically pay a benefit if, through injury or sickness, you are no longer able to perform the material duties of your occupation. Insurance companies will often try to "generalize" your occupation so that it will be easier to deny benefits. [...]


Long-Term Disability Claims for Cognitive Disorders

Sometimes referred to as “invisible” medical conditions, cognitive disorders are illnesses or injuries that impair such intellectual or cognitive abilities as memory, concentration, planning and problem solving, reasoning, verbal and written communication, and other logical processes.  Cognitive injuries or disorders can also impact emotional regulation and tolerance for stress.  Many people suffer from neurocognitive disorders [...]


Are the “independent” medical examinations or IMEs really independent?

Most long-term disability plans and insurance policies give the insurer the right to have the claimant “examined” by a physician or other professional of its choosing as a condition to approving benefits.   The “independent” medical examinations or IMEs are usually far from independent.  IMEs have become a very profitable enterprise for companies that arrange the [...]


COVID-19 Complicating Your Long Term Disability Claim

It is true that COVID-19 and the national quarantine have complicated long-term disability claims. But it’s also true that American workers were facing serious economic issues even before COVID-19 shut down the economy. Few had enough savings to survive an economic disaster, loss of work, or injury that prevented work. Fewer still had adequate health [...]