Disability Insurance Benefit Tips

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 regardless of the medical basis for the pain. Complicating the ...

The answer to this question depends on numerous factors such as disability policy language, medical support and treating physician medical documentation. In this video, disability insurance attorneys Gregory Dell and Cesar Gavidia discuss some of the common issues encountered when selecting a date of disability. The date of disability determination is most chall...

Disability benefit lawsuits against Prudential is a daily occurrence for our lawyers.In this video, disability insurance lawyers Gregory Dell and Rachel Alters discuss their experience in handling ERISA lawsuits against Prudential....

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 becomes vitally important as most insurance companies will treat an in...

This is another one of those questions where the answer depends on the specific policy language and the type of volunteer activity.In this video, disability insurance attorneys Rachel Alters and Gregory Dell discuss the issues surrounding volunteering while disabled. Contact any of our lawyers for a free phone consultation....

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 Occupation” definition of disability. As they imply, the former is an eval...

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 financially funds the disability benefit to be paid from its own asse...

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 duty on individuals filing for bankruptcy to disclose all asset...

You’ve arrived home from your doctor visit and you check the mail and find that you have a letter from your long-term disability insurance company. The letter explains that the long-term disability carrier is in the process of conducting a medical consultant review of your claim. Your benefits have not been interrupted; however, the disability insurance carrier has reached out to your treating physicians to ...

Most disability insurance companies have the right to send a company employee or hired investigator to interview you about your disability insurance claim. Some disability companies request these videos as routine meetings, while others specifically do these interviews with the intent to deny your long term disability claim. In this video, disability insurance l...

Not every medical file review by a disability insurance company is sham, because there are rare occasions when the disability company actually hires a legitimate doctor to review your disability claim.In this video, disability insurance lawyers Alex Palamara and Gregory Dell discuss medical file reviews conducted by insurance companies and their experience i...

It is not uncommon for employees to struggle and suffer through sickness or injury and work, even if working is counter-intuitive to their own health and effective productivity at their occupation. Unfortunately, these employees often find themselves as targets of work-force reduction or layoff, because despite their best efforts they are unable to keep up with their employer’s expectations and requirements....

A Functional Capacity Exam (FCE) is often requested by a disability insurance company in order to determine a long term disability claimant’s functional restrictions and limitations. There is a lot of debate about the pros and cons of FCE testing. When used in the right manner, the FCE can be a very valuable tool in supporting an individual’s claim for long ...

Lump buyouts can sometimes be a good option for a long term disability claimant. Disability insurance attorneys Gregory Dell and Stephen Jessup recently produced a video in which they discuss the factors involved in obtaining a buyout, eligibility for a buyout and the pros and cons of a buyout.Our lawyers have negotiated thousands of lump-sum settlements and...

Disability insurance claimants naively believe that managing their own disability claim is a simple process. There are disadvantages of managing your disability insurance matter, especially when filing your own appeal. The goal of an appeal is to overturn the insurance companies decision and to strengthen your case if you have to file a lawsuit.With an ERISA governed policy an appeal is filed because your ...

Yes, it is in your best interest to hire an attorney to file your disability insurance appeal. The insurance companies have attorneys and actuaries working to protect their best interest - and so should you. Appealing a disability insurance denial is your right and an obligation before you can sue for benefits in court. Our attorneys are well versed with the rules of filing appeals and most importantly we know...

In December 2016, the U.S. Department of Labor issued its Final Rule for new regulations applicable to the way in which employers administer their employees’ claims for disability under the Employment Retirement Income Security Act (ERISA). The changes went into effect on January 1, 2017, but in order to give employers time to make the required adjustments to their claims processing procedures, the new rules...

You’ve arrived home from your doctor visit and you check the mail and find that you’ve a letter from your long-term disability insurance company. The letter explains that the long-term disability carrier is in the process of conducting a medical consultant review of your claim. Your benefits have not been interrupted; however, the disability insurance carrier has reached out to your treating physicians to ...

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 hardships just below the surface. With the prevalence of social medi...

Nationwide disability insurance attorneys Rachel alters and Cesar Gavidia discuss the importance of getting treatment from a specialist for your disability. Disability insurance claimants receiving benefits know the importance of regular doctor’s visits. However, did you know that disability insurance companies will discontinue benefits if you are not being se...