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.
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
Lincoln Financial group is one of the larger disability insurance companies. In this video disability insurance attorneys Gregory Dell and Stephen Jessup provide a lawyer's perspective on handling a Lincoln Financial disability insurance claim.We discuss common trends that we see when helping claimants to recover disability benefits from... continue
The manner in which an insured chooses to pay their disability insurance premiums could have a major impact on their disability claim. The way an insured chooses to pay their premiums -- either personally, through employer contributions or a salary allotment plan -- not only impacts the taxability of those benefits when they file their claim, but... continue
Calculating the time limits when an ERISA disability lawsuit has to be filed is tricky. In a recent decision out of a North Carolina Federal Appeals Court, the Court ruled that the time limit to file a disability insurance lawsuit is already running even when the claimant is filing the required administrative ERISA appeal. While it seems unfair... continue
It is challenging for a disabled claimant to obtain either short or long term disability benefits when they are receiving or have received unemployment benefits. It is not impossible to get STD or LTD benefits, but a claimant would be much better off not seeking unemployment. One of the criteria to be eligible for unemployment benefits is that... continue
Disability insurance claim denials which are not governed by ERISA give claimants and lot more options. In this video, disability insurance lawyers Gregory Dell and Cesar Gavidia answer the most frequently asked questions following the denial of a private disability insurance claim. There are numerous remedies available to claimants that have... continue
Most people have never heard of the word ERISA until it came time to deal with their short or long term disability claim. ERISA is a confusing law and unfortunately a law that favors insurance companies. Thousands of claimants contact us every year wanting to know what their options are following a denial of disability benefits. This video with... continue