Disability Insurance Benefit Tips

In the past several months our office has been hired by two separate clients who had individual disability policies purchased privately through insurance agents; that had received benefits for an extended period of time; and that were denied by Unum, in part, on the basis that their ability to travel was indicative of the ability to work. The first client, a doctor had coverage with Paul Revere Life Insurance ...

The most common questions for a disability attorney involve understanding how disability coverage actually works. When it comes to The Hartford long-term disability insurance policies in particular, there are a lot of searches for that type of information. It’s a broad question, but one that we’re well-equipped to answer at disability insurance law firm Dell...

Understand your rights once your Hartford short term disability income claim has been denied. In this featured article and video gain insights into:Hartford DeadlinesAdministrative Appeal - What Is It?Administrative Appeal ProcessBenefits of Hiring A Disability Insurance AttorneyGREGORY DELL: Hi. I'm attorney Greg Dell, here with Stephen. A...

Hartford disability income policy holders expect Hartford to pay their Short Term & Long-Term disability insurance benefits, if continuously disabled, until the policy holder’s social security retirement age. That isn’t always the case. In this video and article learn about:What is the length of your elimination period and the length of your be...

Many doctors who are employed by hospital systems and/or medical groups often have employer provided ERISA group disability policies in addition to privately purchased individual disability policies. With respect to ERISA group disability policies, more often than not disability is defined to mean the inability to perform your own occupation, and some policies will go so far as to contain language regarding bo...

I recently spoke with a claimant regarding a letter he received from Ohio National that indicated he was not eligible to receive lifetime disability benefits as he was not totally disabled before the age of 60 and continuously so through the age of 65. During our initial call I advised him that although each disability carrier and/or policy can differ in language, as a general rule it is very common that lifet...

Lately we have had a common question continually arise from our clients and even potential clients. As everyone on claim and receiving disability insurance benefits knows (or has unfortunately learned while on claim), insurance companies reduce the amount of money they pay each month if the claimant is receiving certain other source of income. Most often, insurance companies are able to reduce the amount ...

In Lisa K. Bunner v. Dearborn National Life Insurance Company (Dearborn), Dearborn denied Plaintiff's claim for long term disability (LTD) benefits, and she filed an administrative appeal. ERISA requires the Plan Administrator (Plan) to provide the claimant a decision within 45 days of the claimant's appeal. The 45-day time frame can be extended if th...

Under the provisions of ERISA, a disability insurance company must provide claimants "with a reasonable opportunity for a full and fair review of a clam and adverse benefit determination." 29 C.F.R. § 2560.503-1(h)(3). That section also requires an ERISA plan to, among other things:"[provide] that in deciding an appeal of any adverse benefit determination that is based in whole or in part on a medical jud...

Many employer welfare benefit plans offer employees who quit their employment the option of converting their disability insurance plan to a private plan. When a claim for disability benefits is filed, there may be a dispute over whether the conversion plan is governed by ERISA. If so, then ERISA preempts any state law claims a plaintiff may have. If not, the conversion policy is a private&n...

If your ERISA governed long-term disability claim has been denied following your initial application for disability benefits, ERISA regulations require the insurance company to establish and maintain a procedure by which a claimant shall have a reasonable opportunity to appeal an adverse benefit determination to an appropriate named fiduciary of the plan, and under which there will be a full and fair...

On December 18, 2019 Cigna entered into an agreement to sell their disability insurance and life insurance division for $6.3 billion. This is a monster deal in the disability insurance world as Cigna was one of the top five largest disability insurance companies in the world prior to the sale.  With the purchase, NY Life Insurance company will instantly go from being a small disability insurance company to o...

Following the submission of your appeal has Cigna sent you a letter stating that after review of the information provided on appeal their decision to deny your claim was correct but also providing you a copy of their medical reviews?Recent changes by the Department of Labor to ERISA regulations now require that a disability insurance company provide you an opportunity to respond to adverse information crea...

The easy and unfortunate answer to this question is yes. Federal courts across the nation differ on the meaning of “Regular Occupation” as the term is used in disability insurance policies. So, what state you live in, and the specific language of your disability policy, determines whether you receive disability benefits based on your inability to perform the material duties of your regular occupation.T...

It won't happen to me.When it comes to disabilities, that's often the mindset we take. However, according to the "2019 Ultimate Guide to Physician Disability Insurance", roughly 25 percent of American workers will experience a form of disability at some point in their career.Whether your condition is long-term, short-term, or recurring, disability insurance is the most effective way to protect your so...

When submitting a claim for disability insurance benefits most disability companies will focus on the title of your occupation and ignore the actual duties of your occupation. A job title rarely describes the details of what you actually did at your job. In this video attorneys Gregory Dell and Stephen Jessup discuss the importance of presenting your occupation ...

The answer is yes, but your doctor must be prepared for the interview and should always advise you first that they will be speaking with the disability insurance company. In this video we discuss the issues that arise when the disability company attempts to speak with your doctor and some tips for how to handle this situation....

In practically all cases, a stress-induced heart attack will not be considered an injury under a disability insurance policy. An example is found in a recent case filed in the U.S. District Court for the District of Illinois. There, a Plaintiff claimed his heart attack should be considered an injury since it occurred at a time of particularly high stress during his job as a Washington lobbyist.Mony Life In...

Every day we get calls about claimants that have been requested to attend a medical exam requested by a disability insurance company. In this video disability insurance lawyers Gregory Dell and Cesar Gavidia discuss how to prepare for an IME exam and what to expect. Every IME exam is different based on a claimant's medical condition and definition of disability ...

Most business owners that cease operations due to a disability are stuck with ongoing business related bills that existed prior to the date of disability. The question is whether disability insurance companies pay disability Business Overhead Expenses to an insured that becomes disabled and has either closed their company or sold their business assets?The answer depends on a lot of factors and the disabili...