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Disability Benefit Tips
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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 is not reliable. Additionally, it is rare that an FCE on its own is enough to support a disability denial. Functional Capacity Examinations (FCE) requested by disability insurance companies are f...
Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?
When it comes to securing your disability insurance benefits, it's vitally important that your disability insurance lawyer thoroughly understands the symptoms and impact of your disabling condition. Doctors can help you create strong medical records, but they're not accustomed to dealing with the rigorous documentation disability insurance companies require. Lea...
Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak
If you're seeking long term disability benefits from an insurance company, you may be concerned that you're facing an uphill battle. Fortunately, the stronger your medical evidence, the greater the odds that your claim will be approved. On the other side of the coin, one of the most common reasons for denial of long term disability benefits involves too-weak med...
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
When you're seeking disability insurance benefits, your medical records and treating physician's statement are two of the most important components of your claim. But because the insurance company has a vested interest in denying your disability insurance claim, it often will rely on tactics like ambushing your doctor with a phone call in an attempt to get them ...
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Assurant overturned its previous denial of long term disability benefits for Maine Sales Consultant
Our client, Ms. C, formerly worked as a Sales Consultant for an international manufacturer of dental materials. In July 2013 a number of medical issues, including the debilitating effects of chemotherapy treatment as well as recurrent breast cancer forced Ms. C to stop working and submit her claim for disability benefits first under her employer’s short-term disability (STD) policy and then continuing under ...
New York Life Wrongfully Denied Disability Benefits to Lockheed Martin Employee with Eye Disorders
New York Life paid our client's long-term disability benefits for two years — and the moment the policy definition shifted at the 24-month mark, the insurer cut her off. She had spent 38 years at Lockheed Martin Corporation as an Information System Security Officer in Georgia, doing work built on classified cybersecurity, technical guidelines, sustained computer use, and det...
Lincoln Financial Disability Denial Reversed For Project Manager With Cardiac Condition
Lincoln Financial terminated long-term disability benefits for a North Carolina Hitachi Energy project manager after more than three years of payments — cutting him off precisely when the policy definition shifted from own occupation to any occupation. Our client had suffered a heart attack, required coronary stent placement and a pericardial window procedure,...
Commercial Real Estate Agent with Lyme Wins Northwestern Mutual Appeal
Northwestern Mutual denied a self-employed Texas commercial real estate agent's long-term disability claim by farming his file out to four separate paper reviewers — and then denied it a second time after his treating doctors disagreed. None of those reviewers ever examined him. None of them treated Lyme disease.Our client had spent years building a succes...
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