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.
This is an issue that our disability lawyers face on an almost daily basis. Disability insurance companies, such as Prudential Insurance Company, will often argue that a claimant is disabled by a mental condition and not a physical condition. This is done so that they can limit the payment of disability benefits to a limited pay period of either... continue
As of August 2014 there are 20 states that have either passed laws or department of insurance regulations which abolish discretionary clauses. Our attorneys continue to fight on a daily basis to abolish discretionary clauses in all 50 states. We have provided below a listing of the laws in each of the states that have abolished discretionary... continue
In a recent United States Tax Court case an ex-wife had received a portion of her ex-husband's disability retirement benefits as part of a divorce agreement. Prior to divorce, the disability benefits were paid to the disabled husband by the Los Angeles County Employee Retirement Association. The disability benefits paid to the husband were not... continue
It is rare that any disability insurance claimant has ever heard of ERISA until it comes time to file a disability claim. ERISA is a federal law that was intended to offer affordable employee benefits and protect employees. ERISA accomplished the goal of affordable employee benefits, but unfortunately the ERISA regulations have been construed by... continue
Accident v. Sickness provisions in a disability policy usually becomes an issue when a person is expecting to receive a lifetime disability benefit. This issue only appears in private disability insurance policies. In some policies, if a person becomes disabled due to an accident before age 60, then the claimant may be entitled to a lifetime... continue
In this video, our disability attorneys touch on common residual disability issues and requesta that a disability carrier will have if you are seeking residual disability benefits.Residual disability can be a complicated analysis and it is often misused by disability companies as a substitute for a total disability claim. A carrier may tell a... continue
ERISA regulations provide a claimant with 180 days to submit an appeal following a disability denial.In this video, attorneys Alex Palamara and Gregory Dell discuss the initial steps that our lawyers take when representing a claimant following a disability benefit denial.While an Appeal could be completed in a matter of days, we discuss... continue
Disability insurance companies are notorious for requesting Independent Medical Exams (IME or CME) in an effort to try to deny disability benefits. Our disability insurance lawyers have helped thousands of claimants to prepare for these obviously unfair and often biased examinations. Unfortunately disability claimants are required to attend an IME... continue
Should your case go to trial under an ERISA governed disability plan and you win the insured is only entitled to an award of disability benefits that have not been paid by the insurance company. This is further contingent on whether the insurance company denied your claim under the "own occupation" or "any occupation" definition of disability... continue
Disability Insurance Attorneys Gregory Dell and Cesar Gavidia discuss the misconception that a claimant will be approved for long term disability insurance benefits if social security disability benefits are approved.In most cases this is a true statement, but we have been seeing a lot of people approved for SSDI benefits and then denied Long... continue
This case shows how a long-term disability insurance company can claim an overpayment once a claimant is approved for social security disability income benefits.The following is a real life example of a claimant with a Unum disability policy who decided he did not want to pay back his SSDI overpayment.Daniel N., while employed by ICI... continue
As disability insurance attorneys we are not qualified to give any tax advice. Some disability claimants are taxed on the disability benefits that they receive each month. What happens when a disability claimant is approved for SSDI and then the disability carrier demands a repayment for the gross pre-tax disability benefits that have already been... continue
It is important to take into consideration that every disability income policy may have different features.The following checklist will help you compare your current policies or one you may be considering:How is disability defined? Inability to perform your own job? Inability to perform any job? Does the policy cover accidents?... continue
Attorneys Dell & Schaefer represent clients that have either individual or group (ERISA) disability policies. Most group disability policies (also known as ERISA policies) are governed by a very complex federal statute called the Employees Retirement Income Securities Act ("ERISA"). An individual usually has a disability policy governed by... continue
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 an ERISA disability appeal are also discussed. This video is a general discussion for informational... continue