On a regular basis our disability lawyers write about disability insurance cases and other related disability claim issues around the country which we believe are education and informative for disability insurance claimants. Please contact us if we can assist you. Check out our Blog, Frequently Asked Questions, Insurance Company or Disabling Conditions pages to learn more.
October 25, 2018 —
Earlier this year Lincoln Financial and Liberty Mutual Insurance Group entered into an agreement in which Lincoln purchased Liberty Life Assurance Company of Boston, the group disability and life insurance group benefits portion of Liberty Mutual Insurance Group. For insured with disability or life insurance benefits provided by their employer...
August 3, 2018 —
In reviewing long term disability denial letters we find that there are a handful of industry wide arguments made by insurance companies to minimize the nature of one’s occupation. The most common being the downplaying of the cognitive demands of a given occupation in favor of focusing solely on the physical demands of the occupation. This often...
July 26, 2018 —
I have recently reviewed first level appeal denial letters from Lincoln in which Lincoln appears to be relying on information through the website/software MDGuidelines as opposed to an internal medical review or a medical review performed by an outside peer reviewing physician. In both instances the initial denial of benefits was predicated upon...
April 23, 2018 —
Very few occupations carry as much prestige and respect as that of a medical doctor. No other occupation requires such a lengthy commitment to schooling and extended periods of training before one is able to actually start working in their chosen profession. In light of the amount of time and financial investment in one’s education and training...
March 29, 2018 —
Over the past few months we have been seeing an increase in denial letters from various insurance companies that contain information not previously seen. This information includes a notice of claimant rights written in multiple languages, and in the case of final denials of benefits the notification to claimants of the exact date the Statute of...
January 23, 2018 —
Substance abuse disorder is a major problem throughout our country and it is a disease that can happen to anyone. Unfortunately doctors working in high stress environments have a high incidence of either alcohol or pain medicine addiction. The claims for doctors are difficult as a substance abuse disorder often results in an event in the workplace...
January 17, 2018 —
When most people think of Rheumatoid Arthritis (RA) the first thing that comes to mind is severe pain and swelling of the joints. More often than not, when a claim is made for disability insurance benefits due to RA, it is based on these complaints of pain. However, as noted in an Arthritis Today article titled “Brain Fog” there does exist a...
November 27, 2017 —
Disability insurance Attorneys Gregory Dell and Stephen Jessup discuss the numerous issues that a long term disability claimant should expect when filing an ERISA disability lawsuit against UNUM. This video provides some basic information about the lawsuit process. Our lawyers have helped thousands of claimants nationwide to obtain long term...
November 16, 2017 —
One of the most common causes for filing a short or long term disability insurance claim is due to “back pain.” Although this encompasses a wide range of conditions - from disc herniations and bulges to soft tissue disorders and fibromyalgia - insurance companies will evaluate entitlement to benefits as a result of back pain in the same manner...
November 3, 2017 —
Following the submission of an ERISA disability appeal an insurance company is allotted 45 days under the law with which to render a decision on the appeal. ERISA also allows the insurance carrier a single 45 day extension to complete the review so long as the extension is for good cause. It is common for an insured to receive a letter from their...
October 24, 2017 —
Neuropsychological testing is highly specialized testing performed by a neuropsychologist to identify and provide objective medical evidence of cognitive dysfunction. It is a highly valuable tool in establishing a claim for disability that involves various cognitive problems such as memory, thought processing and executive functioning. This...
September 20, 2017 —
In the case of Gallegos v. Prudential, a California Federal District in the Northern District of California entered an order instructing Prudential to reinstate the benefits to an insured suffering with Lupus. This ruling provides a plethora of useful information in arguing claims for disability stemming from Lupus, but also for any physical...
September 4, 2017 —
The overwhelming majority of employer provided group long term disability insurance policies governed by ERISA contain two definitions of disability depending on what stage your claim is in. As discussed in depth throughout our website the two definitions of disability are what are commonly known as the “Own Occupation” and “Any...
June 20, 2017 —
When it comes to claims for short term disability benefits under ERISA governed group policies, more often than not the short term disability policy is not underwritten by an insurance company, but rather it is administered by an insurance company. What this means is when a policy is underwritten by an insurance company the insurance company...
June 15, 2017 —
Our office was recently contacted by an insured whose claim for long term disability benefits had been recently and abruptly denied by Prudential based on allegations of insurance fraud stemming from answers provided in an Activities of Daily Living Questionnaire (ADLQ) form and a subsequent field interview. For anyone on claim with Prudential, or...
May 15, 2017 —
Do I need to disclose my disability insurance claim if I filed for bankruptcy?
Yes. If you file for bankruptcy it is imperative that you disclose your disability insurance claim regardless of the stage that your claim is in - application, denial, appeal, pending litigation, etc.
The Bankruptcy Code and Rules impose an express and affirmative...
April 27, 2017 —
In the recent decision of Tobin v Hartford Life & Acc. Ins. Co. a Michigan Federal District Court overturned Hartford’s denial of long term disability benefits to a former Disney employee suffering from Fibromyalgia. The Court noted in its opinion that Hartford’s requirement of objective evidence of the diagnosis of Fibromyalgia was arbitrary...
March 15, 2017 —
The Six Circuit Court of Appeals reverses a Hartford long term disability benefit denial.
Long term disability insurance attorneys Stephen Jessup and Gregory Dell discuss this recent case in which the court basically states that there is no objective evidence of Fibromyalgia. It seems that the courts are really starting to understand...
January 11, 2017 —
It is without question that we live in a world that is often driven by social media. For a multitude of reasons people are becoming increasingly more willing to make what used to be private facets of their lives open to the public. Often the information being shared projects an image of what we want people to see as opposed to the burdens and...
August 21, 2015 —
Watch Gregory Dell and Stephen Jessup discuss Cigna's latest strategy for handling disability benefit claims. This video has some tips which may help you to secure disability benefits. Any of our lawyers are available for a free initial phone consultation to discuss your claim.
April 7, 2015 —
If you are insured under or receiving disability benefits from an employer provided Group Disability Insurance Policy governed by ERISA your benefit is or will be subject to reduction for sources of "Other Income" benefits you receive while on claim. Of these sources of Other Income Benefits, Social Security Disability (SSDI) benefits are the most...
November 11, 2014 —
What is an Occupation?
Pursuant to the vast majority of ERISA governed disability insurance policies, an Occupation is defined based on one of two standards - Own Occupation or Any Occupation. Quite often an insurance carrier will overlook the actual duties of an occupation and simply determine the ability to work based on the physical demand...
July 25, 2014 —
What is a Statute of Limitations?
The Statute of Limitations is the amount of time allowed under the law in which a plaintiff can bring a lawsuit. ERISA does not specify a statute of limitations for filing a lawsuit within the language of the statute. As such, insurance companies often write a statute of limitations provision into the policy...
June 16, 2014 —
Every disability insurance company requires claimant statements to be completed on either a monthly, quarterly, semi-annual or annual basis. Our disability lawyers have helped thousands of claimants to complete the claimant statements and in this video we discuss some of the most common issues we see on a daily basis. A disability company can...
April 10, 2014 —
The Administrative Record
In most cases, when a lawsuit is filed to secure long term disability benefits under an ERISA governed policy the only information that a Judge can consider at trial is what is contained in the Administrative Record. The Administrative Record consists of all the information you supply to the insurance company in...
April 3, 2014 —
Does a disability insurance claimant have to repay an insurance company back for the money received from Social Security? Unfortunately, this answer is overwhelmingly answered by a simple affirmative "yes." The vast majority of ERISA governed group long term disability policies contain provisions allowing the insurance company to offset your...
March 20, 2014 —
A common tactic employed by insurance companies when reviewing a claim for disability benefits is the use of video surveillance (learn more about this here). The surveillance is conducted in hopes of "catching" an insured doing activities that they either claimed they couldn't do or that differ from the level of physical ability they report to...
January 7, 2014 —
It seems that instances of cancer are running rampant these days. Almost daily it seems as if there is a new study documenting the rise of certain types of cancers, deaths associated to cancer, and new medical treatment to combat the flowing tide. It would seem that with such a seeming epidemic that securing disability insurance benefits due to a...
January 2, 2014 —
For all intents and purposes, yes. Despite any concern an insured may have with their employer knowing any information about their disability, or concerns over what an employer/former employer might say, understanding your occupational duties is paramount to the claims review process.
Generically, disability insurance policies define Disability...
December 19, 2013 —
Yes, as it can change the "standard of review" a court must apply at trial from the "arbitrary and capricious" standard of review to a "de novo" standard, which in turn increases the chances of success at trial.
Arbitrary and Capricious Standard in Disability Insurance Cases and Discretionary Clause
In the majority of ERISA governed long term...