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 overwhelming majority of employer provided ERISA group disability policies provide disability benefits for a certain period of time if you are unable to perform the material and substantial (or similar language) duties of your "own" or "regular" occupation. Although the semantics may differ from policy to policy, under the own/regular... continue
A recent visitor to our site posted this helpful question: If my pre-disability job was sedentary and required primarily sitting, will the disability insurance company suggest an alternative sedentary job that I should be able to perform? Can you share your thoughts on how insurance companies approach this? When it comes to sedentary occupations... continue
A visitor to our website recently posted this question: Are all LTD claimants systematically considered for alternative professions by the various disability insurers as part of the "any occupation" investigation? I especially wonder if older workers might get a bye after a certain age. The evaluation during an Any Occupation depends on the... continue
A visitor to our website recently posted this great question about the handling of long term disability insurance claims once the definition of disability changes from Own Occupation to Any Occupation.The change of definition from Own Occupation to Any Occupation is probably the single highest cause for claim denials. An "any occupation"... continue
No disability insurance company will admit that they pay bonuses or commissions for claim denials. There are claims managers with many disability insurance companies that are paid a bonus based upon the overall performance of the company. We know this to be true from the numerous depositions and discovery request we have sent to every major... continue
Disability insurance companies require disability claimants to prove that they are disabled. All disability companies require claimants to have their treating physician(s) to complete an Attending Physician Statement Form (APS). Some disability companies require the APS to complete monthly while others require the form every two, three, six, or... continue
Every year thousands of long term disability insurance claimants have their disability insurance claim limited to a specific payment period due to a Mental Illness limitation provision in their disability policy. On a daily basis our disability attorneys handle cases in which we try to get claimants paid beyond the limitation period. We recently... continue
Just a question from someone who has dealt with the Hartford Insurance Company. I was approved for SSDI, and I got approval for the Hartford LTD. They paid just long enough to where I got my premiums back, so I quit dealing with them - not worth the tooth and claw fighting.My question is that one can tell that these claims people have been... continue
Self reported symptoms limitation It is common practice for disability insurance companies to find ways to limit the amout of money they have to pay to claimaints. One of the ways they attempt to limit their exposure is to add limitations into their policies that require the claimant to provide "objective evidence" to prove they have certain... continue
The universal answer for this question is No. In almost every short term or long term disability insurance policy the only money a carrier can use to offset the claimant's disability insurance benefits is money paid to the claimant or the claimant's children as a result of the claimant's disability. An example of a classic offset is SSDI payments... continue
Unfortunately most disability insurance companies think that if you are an attorney, then your job only requires you to sit at a desk all day. Most disability insurance claim consultants are trained to look at a job as the physical capacity to either sit for a certain period of time or the ability to lift a certain amount of weight. They are... continue
Disability insurance companies will always say that "diagnosis does not equal disability". This is a true statement in many cases, as there are people every day that are diagnosed with a medical condition yet they are still able to work. The difficulty develops when a person is claiming disability and the disability company is challenging the... continue
Disability insurance attorney Gregory Dell discusses the differences between qualifying for a long term disability insurance policy and the criteria necessary to get approved for social security disability benefits. An SSDI denial does not mean that your long term disability claim will be denied. Likewise, an SSDI approval is not a guarantee that... continue
Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as... continue
Hartford and many other disability insurance companies employ nurses to do preliminary reviews of medical records. The cost of a nurse on staff versus a physician is much less for a disability insurance company. Also, the claim rep assigned to your disability insurance claim is not a medical profession and they have no idea how to interpret your... continue