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Frequently Asked Questions

  1. Do I need to disclose my disability insurance claim if I filed for bankruptcy?
  2. The Long-term Disability Medical Consultant review. What is it? What can be expected?
  3. Is a Field Interview Request By A Disability Insurance Company a Bad Thing?
  4. Are All Medical File Reviews By Disability Insurance Companies a Sham?
  5. Can I submit a long-term disability claim if my employment has been terminated?
  6. Is an FCE Exam Good or Bad for a Long Term Disability Insurance Claimant?
  7. Is a Long-Term Disability Policy Buyout A Good Option?
  8. Can I Hire A Disability Lawyer to Help with my ERISA Appeal?
  9. What Is A Medical Consultant Review Request By A Disability Insurance Company?
  10. Who Makes The Decision To Deny A Long Term Disability Insurance Claim?
  11. When Is The Best Time To File A Long Term Disability Benefit Claim?
  12. How Much Time Does Prudential Have to Make A Determination On an ERISA Disability Appeal?
  13. Can a Disability Claimant Refuse to Attend an IME During an Appeal?
  14. If I Have Physical and Mental Disabling Conditions Will My Disability Benefit Be Subject to a Limited Pay Period?
  15. Total v. Residually Disability Benefits: The Ongoing Battle?
  16. What Should a Dentist Expect When Filing a Long Term Disability Benefit Claim?
  17. Can my severance agreement eliminate my right to claim disability insurance benefits?
  18. Does a disability insurance company need to consider the side effects of my medications?
  19. Do I Need to Consult an Attorney Before I File an Application for Long Term Disability Benefits?
  20. Does the Mental Nervous Disorder Limitation in an ERISA Long Term Disability Plan Violate ADA Laws?
  21. Is a Claimant’s Complaints of Pain Enough to Qualify for Short or Long Term Disability Insurance Benefits?
  22. How Can I Protect Myself At A Hartford IME Exam?
  23. Can The Hartford Characterize Cognitive Impairment Due to Chronic Pain a Mental Condition?
  24. What Can A Claimant Expect With A Lincoln Financial Group Disability Claim?
  25. Does It Matter Who Pays My Disability Insurance Premiums?
  26. Do I Have A Time Limit To File An ERISA Disability Lawsuit?
  27. Can I collect disability insurance benefits if I am collecting unemployment benefits?
  28. What Are My Options Following A Private Disability Insurance Claim Denial?
  29. What is An ERISA Disability Lawsuit and What Should I Expect?
  30. If I have two different disability insurance policies and I am approved for Social Security Disability, can both disability companies deduct my monthly benefit by the amount of the SSDI payment?
  31. Can My Insurance Company Terminate My Disability Benefits After 24 Months if My Mental Nervous Disorder Contributes to But is Not The Sole Cause of My Disability?
  32. Who may I sue if my long-term disability benefits are denied, my employer, the insurance company, or both?
  33. What should I expect at a medical examination requested by Unum disability insurance company?
  34. Does a disability carrier need to consider my Social Security Disability approval after they have made a final decision on my final ERISA appeal?
  35. Can my insurance carrier deny my benefits even if there is no change in my medical condition?
  36. Do the rules of evidence apply to ERISA disability insurance cases?
  37. What can I do when the insurer fails to make a decision on my appeal within the required timeframe?
  38. Does my insurance company have to consider my SSDI award if I received the award after my ERISA appeal was denied?
  39. Can I file for disability insurance benefits if I was fired before I stopped working?
  40. Since my policy contains a Waiver of Premium While Disabled Provision, should I still pay the premium for my long-term disability insurance policy while my long-term disability claim is under review?
  41. Can I live outside of the United States and collect long-term disability insurance benefits under my individual or group long-term disability insurance policy?
  42. What are the important steps to take when filing an ERISA disability denial appeal?
  43. Why is a different company handling my claim for short or long term disability benefits?
  44. Does ERISA require Plan Administrators to have my claim reviewed by an independent vocational expert?
  45. What Are The Top 10 Reasons a Long Term Disability Insurance Claim is Denied?
  46. If I File A Short Term Disability Claim With My Carrier And My Claim Is Denied, Do I Also Need To File A Separate Long Term Disability Claim?
  47. If I File For Bankruptcy Can I Still Pursue a Claim for ERISA Long Term Disability Benefits?
  48. What is an Attending Physician Statement and how should it be completed?
  49. Can the Disability Insurance Company Call My Doctors Without Telling Me?
  50. How often can my disability insurance company require a Claimant Statement?
  51. Can My Insurance Company Selectively Review Certain Medical Records While Ignoring Others In Considering My LTD Benefits?
  52. Can one application be submitted if the same insurance company administers both my Group Long-term Disability Plan and my Individual Disability Policy?
  53. Do I always have to repay Social Security disability benefits to my disability insurance company? Maybe not!
  54. Can I Sue My Disability Insurance Company For Video Taping Me Without My Permission?
  55. What Should I be Aware of if I Have Cognitive Limitations and I Am Receiving Disability Insurance Benefits?
  56. How Do I Know If My Disability Company Is Conducting Video Surveillance of Me?
  57. Do I Have To Allow My Disability Insurance Company To Contact My Employer?
  58. Is there an advantage to filing an ERISA disability lawsuit after the expiration of the 45 day deadline and before the disability insurance carrier makes a decision on an ERISA Appeal?
  59. Can I add more information to my claim file in anticipation of filing a lawsuit after an insurance company enters a final denial of benefits?
  60. What Does It Mean If My Disability Insurance Company Says I Am Malingering?
  61. Is My Insurance Company Allowed to Take An Offset of My Monthly LTD Benefit for Social Security Benefits My Kids Receive As A Result of My Disability?
  62. Can your ERISA disability benefits be garnished?
  63. What Does it Mean if My Waiver of Life Insurance Premium Has Been Denied?
  64. Do I Have a Bad Faith Disability Claim Against My Disability Insurance Company?
  65. Is My “No-Fault” Auto Insurance Settlement an Offset Under My Long Term Disability Insurance Policy?
  66. Is Your Disability Insurance Claim a Physical or Mental Disability Condition?
  67. How Important is Doctor Support in Securing Disability Insurance Benefits?
  68. Why Must AN ERISA Disability Appeal Be Filed Within 180 Days?
  69. Does the 2013 Cigna Long Term Disability Regulatory Settlement Agreement Require My Disability Benefit Denial to Be Reconsidered?
  70. Does A Letter From A Disability Insurance Company Misstating Policy Language Modify The Terms Of A Disability Insurance Policy?
  71. What is a REMAND in an ERISA Disability Insurance Lawsuit?
  72. What is the Administrative Record in an ERISA disability appeal?
  73. Why is it important to hire a disability attorney experienced in handling ERISA disability claims?
  74. Do I Have to File an ERISA Appeal of a Disability Insurance Denial Before I Can File a Lawsuit?
  75. How does a disability insurance company determine my Regular Occupation?
  76. If My Pre-Disability Job Was Sedentary, Will the Disability Insurance Company Suggest an Alternative Sedentary Job That I Should Be Able to Perform?
  77. Are all LTD claimants considered for alternative professions as part of the “any occupation” investigation?
  78. Do Disability Insurance Companies Continue to Challenge a LTD Claim After an “Any Occupation Definition of Disability Investigation” Is Completed and Benefits Have Been Extended?
  79. Do Disability Insurance Companies Pay Bonuses or Commissions to Case Managers if They Deny a Short Term or Long Term Disability Benefit Claim?
  80. Is It Unusual for a Disability Insurance Company to Request an Attending Physician Statement (APS) Once a Year?
  81. Are There Exceptions to the Mental Illness Limitation in a Disability Insurance Policy?
  82. Can Hartford be punished for wrongful denial of a disability insurance claim?
  83. How will I know if my Long Term Disability Policy contains a limited pay period for physical or mental disabilities and is there any way to get around these limitations?
  84. If I am receiving disability insurance benefits, can the disability insurance company use my spouse’s income or retirement benefits to offset my monthly disability benefit payment?
  85. Why do disability insurance companies challenge disability claims filed by attorneys and business professionals?
  86. What medical criteria does a disability company rely upon in order to determine if a claimant qualifies for a specific disabling condition?
  87. If my social security disability claim was denied will my disability insurance claim be denied?
  88. What does attorneys Dell & Schaefer charge for the representation of disability insurance claimants?
  89. Can a disability insurance company rely upon a nurse to review my disability claim?
  90. Can the disability company limit my disability benefits to 24 months if I have been diagnosed with depression as a result of my physical disability?
  91. Which states have laws or regulations abolishing discretionary clauses in erisa disability insurance policies?
  92. If disability benefits are assigned to my ex-spouse following a divorce, are the disability benefits taxable to the ex-spouse?
  93. Is my disability insurance policy subject to or governed by ERISA?
  94. What is the Accident v. Sickness provision in my disability insurance policy?
  95. What should I expect if I apply for residual disability insurance benefits?
  96. What are the ERISA disability appeal deadlines and why 180 days?
  97. Do I Have to cooperate during a neuropsychological IME Exam requested by the disability insurance company?
  98. If my long term disability benefits are governed by ERISA and I win at trial, does the insurance company have to pay me for the remainder of the policy life, or a lump sum amount?
  99. Can my disability insurance benefits be denied if I am approved for Social Security Disability Benefits?
  100. Can a disability company sue me to recover an SSDI overpayment?
  101. Do I have to pay tax on my SSDI overpayment if I already paid tax on the disability insurance benefits for the same period of time?
  102. What should I be aware of if I am buying a disability insurance policy?
  103. What are the differences between an individual disability insurance policy and an ERISA / Group disability policy?
  104. Why is it important to have a disability attorney handle my ERISA disability appeal?
  105. Will a disability insurance company watch me on Facebook or other social media sites?
  106. Can a disability insurance company rely on a Functional Capacity Exam (“FCE”) to deny long-term disability benefits?
  107. Is it legal to limit disability insurance benefits to 24 months for mental nervous claims?
  108. How can a claimant exclude their disability insurance benefit payments from Federal Income Tax?
  109. Can a disability insurance company claim an overpayment for social security disability benefits payable to a child as result of the parent’s disability?
  110. Are disability insurance benefits taxable?
  111. Can Veteran Disability Benefits be deducted from my monthly long term disability insurance check?
  112. Can a disability attorney manage all aspects of my long-term disability insurance claim?
  113. Can my disability insurance policy be exempt from ERISA?
  114. What is the discretionary clause in a disability insurance policy?
  115. Does my disability insurance lawsuit need to be filed in State or Federal Court?
  116. Is my disability insurance company required to offer me a lump sum buyout of my disability policy?
  117. Disability Law and Video Surveillance
  118. Do disability insurance companies handle a claim differently when a lawyer is involved?
  119. Why is ERISA an unfair law for disability insurance claimants?
  120. How long does the disability insurance company have to make a claim decision once the application for ERISA long term disability benefits is submitted?
  121. Do I have to sign the Social Security reimbursement agreement requested by disability company?
  122. If I can not afford medical treatment can I still collect disability insurance benefits?
  123. Will the disability insurance company pay my doctor to complete an Attending Physician Statement?
  124. Do disability insurance companies deny all claims for disability benefits?
  125. How can one disability company approve my claim but my other disability company has denied my claim?
  126. Should I stop paying my disability insurance premiums even though my claim decision is pending?
  127. What should I expect when I attend an IME exam requested by my disability insurance company?
  128. What is ERISA?
  129. If I am physician claiming long term disability, can I treat myself?
  130. If I am approved for Social Security does that mean the disability insurance company must approve my disability claim?
  131. What can I do if the disability insurance company is delaying disability payments?
  132. What does it mean when a disability insurance company pays disability benefits under a “reservation of rights”?
  133. What are the most common disabling conditions for a long term disability claim?
  134. What type of doctor should I be treating with in order to claim long term disability benefits?
  135. Can a disability insurance carrier claim an overpayment if a claimant receives worker compensation benefits?
  136. What are my options if the disability insurance company does not respond to my ERISA appeal within 45 days?
  137. Can I earn money while I collect long term disability benefits?
  138. If a disability insurance claimant dies can any family members continue to collect the decedent’s long term disability benefits?
  139. Why does the disability insurance company request my tax returns?
  140. What is a Functional Capacity Exam (FCE) and should I go to a FCE?
  141. How can the disability insurance company deny my claim if my doctor has not released me to return to work?
  142. If my disability insurance claim has been denied do I have to file an Appeal before I can file a lawsuit?
  143. Will the insurance company pay me long term disability benefits while my appeal or lawsuit is pending?
  144. How long is the disability insurance company required to pay once my disability claim is approved?
  145. If my disability insurance claim denial is reversed will I receive interest?
  146. Do I need to send the “medical authorization release” form to the disability insurance company?
  147. Will the disability insurance company pay my attorney fees and cost if I win my Appeal?
  148. Can I sue my long term disabilty insurance company for bad faith or punitive damages?
  149. Why should I hire a disability insurance attorney to submit my ERISA Appeal?
  150. How do I determine my date of disability?
  151. What are self reported condition limitations in a group long term disability insurance policy?
  152. Can my long term disability claim be denied for a pre-existing condition?
  153. What is a residual disability income claim?
  154. Can I do volunteer work while I am collecting long term disability benefits?
  155. Does Social Security always deny disability claimants the first time they submit a claim?
  156. Can the disability insurance company require me to have surgery in order to collect disability benefits?
  157. How often does the Social Security Administration evalaute a claimant’s eligibility for SSDI benefits?
  158. How often does the disability insurance company expect a disability claimant to treat with a doctor?
  159. How does the Social Security Administration determine if a person is eligible for social security disability benefits?
  160. What are the five most common reasons for a long term disability insurance claim denial?
  161. Does social security disability approve claims that are based on subjective medical conditions?
  162. How long do I have to be disabled before I can file a claim for social security disability benefits?
  163. What is the appeal process if my Social Security Disability Claim has been denied?
  164. Why should I have a disability insurance attorney participate in an interview requested by the disability insurance company?
  165. Does the claimant, after getting a request to a field interview, have to do it?
  166. What happens when a long term disability insurance company requests to do a field interview regarding your claim?
  167. Are the outside companies hired by disability insurance companies to locate IME doctors independent?
  168. Are independent medical examiners hired by a disability insurance company truly independent?
  169. What can I do to protect myself during an IME exam requested by my disability insurance company?
  170. Can my disability claim be denied if my disability company never conducted an IME exam?
  171. Will my disability insurance company give me a copy of the IME report?
  172. Why is my disability insurance company requesting an IME exam?
  173. Do I have to attend an IME exam requested by my disability insurance company?
  174. Is video surveillance of a disability claimant engaged in non-work related activities sufficient evidence for a disability insurance company to deny disability benefits?
  175. Do I have to sit home all day in fear that my disability insurance company will videotape me and then deny my disability benefits?
  176. When should a disability claimant suspect that their disability insurance company is doing video surveillance?
  177. Why do disability insurance companies conduct secretive video surveillance?
  178. Can a disability insurance company conduct video surveillance of a claimant whenever and wherever they want?
  179. How do I obtain a copy of my long term disability insurance policy or disability plan?
  180. Should I allow my disability insurance company to interview me in my home?
  181. If my long term disability claim is wrongfully denied will the insurance company pay my attorney’s fee if I win my case?
  182. Can I recover attorney fees if my long-term disability claim is governed by ERISA?
  183. Should bipolar disorder be classified as a mental nervous condition and limited to 24 months of benefits?
  184. Can a disability insurance company conduct video surveillance of me without my permission?
  185. If I am already receiving long-term disability benefits, what actions can I take to help prevent denial of disability benefits?
  186. Can a long-term disability insurance company claim an overpayment once a claimant is approved for social security disability income benefits?
  187. Why are disability insurance policies difficult to understand?
  188. Why is it important to have a disability attorney when applying for disability insurance benefits?
  189. Does having a disability insurance attorney raise a red flag?
  190. What is an “own occupation” definition of disability?
  191. What is an “any occupation” definition of disability?
  192. What time frames apply to an ERISA disability appeal?
  193. Who are the largest private and group disability insurance companies?
  194. How do I know if my disability policy is subject to ERISA?
  195. Are there any penalties if a disability insurance company violates ERISA?
  196. Why was ERISA created?
  197. How does an individual disability claim differ from an ERISA group disability claim?
  198. Why consider a lump-sum buyout of your disability insurance policy?
  199. How do disability insurance companies calculate lump-sum buyouts?
  200. What is a lump sum buyout?
  201. What types of medical conditions are most commonly challenged by disability insurance companies?
  202. How important is the support of my treating physician?
  203. Should I speak with an attorney prior to filing my long-term disability insurance claim?
  204. What are my options if my long term disability insurance claim has been denied?
  205. Do you need to suffer a loss of income to collect disability income payments?
  206. Can you work in a different occupation while collecting disability income payments?

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