Frequently Asked Questions
The Frequently Asked Questions (FAQ) section of our website was designed to provide general information regarding long-term disability insurance claims. The information is not legal advice and is for informational purposes only.
We have listed below the 15 most recent questions and you can view additional Frequently Asked Questions by either selecting one of the FAQ Categories on the left side of the page or using the SEARCH FAQ box.
We welcome you to contact Attorneys Dell & Schaefer for a free consultation to discuss your disability insurance claim.
You’ve arrived home from your doctor visit and you check the mail and find that you’ve a letter from your long-term disability insurance company. The letter explains that the long-term disability carrier is in the process of conducting a medical consultant review of your claim. Your benefits have not been interrupted; however, the disability... continue
Through my review of thousands of long term disability benefit denials, I can tell you that 98 out of 100 hundred times the disability insurance claims examiner will only believe and listen to what their own hired doctor states. This means that if three of your doctors say you are disabled and the insurance company has the medical records reviewed... continue
The answer to this question has a lot variables and it an issue that we help individuals determine on a daily basis. First, it is important to realize that each disability insurance company offers multiple long term disability policies containing different language. A close evaluation of the definition of “Disability” in relation to the... continue
The amount of time that an insurance company is allotted to provide a decision for an ERISA disability appeal is often confusing to claimants and can be for attorneys as well. Insurance companies frequently drag out the ERISA appeals process beyond the allotted 90 days by requesting additional documentation, providing unwanted extensions and... continue
The main issue in Stevens v. Sun Life and Health Insurance Company is whether a claimant’s refusal to attend an IME means the administrative remedies have not been exhausted so that a subsequent ERISA lawsuit must be dismissed. The controversy began when Sun Life terminated Stevens short-term disability about the same time that she filed a claim... continue
The answer to this question is very fact specific in each case. Not every disability policy has a limited pay period for a mental condition. Most employer provided long term disability policies will limit mental health disabilities to either 12 or 24 months. In the situation where a claimant has both physical and mental disabilities, then it... continue
The single most litigated issue in a long term disability claim is whether a claimant is residually or totally disabled. Disability companies will save a lot of money if they can prove that a claimant is residual rather than totally disabled. In this video, disability insurance attorneys Cesar Gavidia and Gregory Dell discuss some examples of... continue
In this video with disability insurance attorney Gregory Dell, he discusses some of the common issues that a dentist must be aware of when considering a claim for long term disability insurance benefits. Mr. Dell and his disability legal team have helped hundreds of dentists nationwide to obtain disability insurance benefits. Disability claims for... continue
It is a common occurrence for a disabled employee to be offered a severance agreement when they can no longer work due to a disabling medical condition. An employee must take great caution as the severance agreement may eliminate all future rights to any short or long term disability benefits. Here is an example of a potential client that recently... continue
Disability insurance companies are notorious for ignoring the cognitive side effects that most disability claimants experience from their medications. Disability companies are aware of the side effects of narcotics; yet they often fail to consider how working under the influence of these prescribed drugs limits a person's ability to work... continue
LTD Application is an important process and should not be completed without legal advice.When filing for long term disability benefits through an employer sponsored plan or a private policy, the initial application is extremely important. The application must be completed thoroughly and properly as not to delay or jeopardize future benefit... continue
According to several Federal district courts throughout the country the answer to this question has historically been that the American with Disability Act (ADA) laws does not apply to an ERISA long term disability policy provided by an Employer. The reason the ADA has been found not to apply is because of a concept called ERISA Preemption. ERISA... continue
The answer to this question applies to the vast majority of long term disability insurance claims that we handle on a daily basis. Pain is subjective. This means that there is no medical device or verifiable method for confirming pain. A claimant's ability to collect disability benefits based upon pain will depend upon the level of documentation... continue
In this video, disability insurance attorneys Rachel Alters and Cesar Gavidia discuss what you can expect at an IME exam requested by The Hartford disability insurance company. The information they discuss is applicable to an IME exam requested by most disability insurance companies. You need to take extreme precautions if your have been requested... continue
Disability insurance attorneys Gregory Dell and Stephen Jessup discuss a Northern Illinois federal court case in which Hartford attempted to deny benefits to a nurse after 24 month. Hartford claimed that the Nurse's cognitive impairment was a mental condition subject to the disability policy's 24 month mental health limitation. The court disagreed... continue