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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
How to Win a Claim for Cigna Long-term Disability There is no guarantee that you will win any long-term disability claim. Up to 75% of long-term disability claims are denied. Do not let this keep you from applying though. With these tips, you will have a better chance at winning your Cigna long-term disability claim. [...]
Five Questions to Ask A Disability Lawyer Near You Not every type of Disability Law is the same. This simple fact confuses potential clients all the time. So, how can you both find the right type of disability law firm, and simultaneously find the best one for your case? Our suggestion, structure your exploration of [...]
Should You Write Your Own Long-term Disability Appeal Letter? You applied for disability and were denied! Should you write your own disability appeal letter or hire an attorney to help you? While it is possible for you to write your own disability appeal letter, most do not feel comfortable doing so. There is a lot that [...]
“How long does it take to get disability?" This is a hard question to answer because there is not the same answer for every person. Many different factors affect the amount of time it takes for you to receive long-term disability. Elimination Periods All long-term disability policies have some sort of elimination period. The [...]
Chances are, if you have a long-term disability plan through your employer, then your policy is subject to ERISA compliance. If you work for federal, state or local governments, Indian tribal entities, or churches, then you will not be subject to ERISA compliance. This is an important distinction that can be very confusing when trying [...]
