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 10 most recent questions and you can view additional Frequently Asked Questions by either selecting one of the FAQ Categories on the right 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.

Recently added:

• Why is it important to have a disability attorney handle my ERISA disability appeal?

  In this video, nationwide disability insurance attorneys Gregory Dell and Stephen Jessup have a candid question and answer discussion about the challenges in drafting a successful ERISA appeal. Numerous additional questions regarding the handling of... » Click to continue reading

• Will a disability insurance company watch me on Facebook or other social media sites?

  Disability insurance companies will are investigating disability insurance claimants on all social media sites, including; Facebook, Linkedin, Google+, etc. In this video Nationwide Disability Insurance Attorney Gregory Dell discusses the precautions that all disability insurance... » Click to continue reading

• Can a disability insurance company rely on a Functional Capacity Exam (“FCE”) to deny long-term disability benefits?

  Unfortunately a recent Appellate court answered this question yes. Every disability case is distinguishable so for every case that says an FCE is reliable evidence of disability, there is another case that will say it... » Click to continue reading

• Is it legal to limit disability insurance benefits to 24 months for mental nervous claims?

  The question listed below was recently posted on our disability blog, but since it is a question that we receive on a weekly basis, we decided to make it a frequently asked question. Thank you... » Click to continue reading

• How can a claimant exclude their disability insurance benefit payments from Federal Income Tax?

  As disability lawyers we do not provide any tax advice. We are routinely asked about the tax implications of disability insurance benefits. In an effort to provide some answers in this area we reached out... » Click to continue reading

• Can a disability insurance company claim an overpayment for social security disability benefits payable to a child as result of the parent’s disability?

  Our disability lawyers are contacted on a weekly basis with this exact question. The short answer is that most disability insurance policies contain language that allows a disability company to setoff your monthly disability insurance... » Click to continue reading

• Are Disability Insurance Benefits Taxable?

  This is a question that should be answered by a tax advisor. As disability insurance lawyers we are not authorized to give tax advice. The general rule is that if you use post-tax dollars to... » Click to continue reading

• Can Veteran Disability Benefits be deducted from my monthly long term disability insurance check?

  The answer to this question depends on the language contained within your long term disability insurance policy. In most disability claims that are governed by ERISA there is an offset provision for other disability related... » Click to continue reading

• Can a disability attorney manage all aspects of my long-term disability insurance claim?

  What amounts to a business decision for your disability insurance company is a life decision for you as a disability benefit recipient. Your disability insurance company views you as a piece of paper, some medical... » Click to continue reading

• Can my disability insurance policy be exempt from ERISA?

  One of the first things our disability insurance attorneys will do with every disability claim is to determine whether or not the disability insurance policy is governed by ERISA. Check out our video to learn... » Click to continue reading