How Do Total and Residual Disability Benefits Compare?
The single most litigated issue in a long term disability claim is whether a claimant is residually or totally disabled. Disability companies will save a lot of money if they can prove that a claimant is residual rather than totally disabled. In this video, disability insurance attorneys Cesar Gavidia and Gregory Dell discuss some examples of cases involving a total versus residual disability analysis.
In every claim, the policy language and the specific facts will determine if a claimant could continue working in some capacity and still be determined totally disabled. Our disability lawyers have conducted this analysis for hundreds of doctors, lawyers, accountants and other business professionals. We have seen numerous cases in which a claimant was told they were residually disabled, when in fact they should have been deemed totally disabled. Contact any of our disability insurance lawyers for a free consultation and review of your long term disability claim.
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Disability Company Reviews
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Mutual of Omaha
DENIED PRE-EXISTING
I filed a claim with Mutual of Omaha because I had a hip replacement surgery. My family doctor referred me to an orthopedic surgeon. Mutual of Omaha denied my claim saying...
Hartford
Total INCOMPETENCE!!!
They don't answer or return calls... lack of communication... unorganized... takes 3-4 weeks after approval to recieve a check... they mail checks on a friday... mailed me...
Lincoln Financial
Not getting paid on time
From the very start they have not tried to work with me at all. So I went out for a knee surgery and it took a month and a half to get my first check. When I had turned al...
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Disability Benefit Tips
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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 ...
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
One thing many disability insurance claimants don't know about (or expect) from the claims review process involves video and social media surveillance. Disability insurance carriers often hire people to follow claimants around with a telephoto lens - or even send social media friend requests from fake accounts - to glean whatever information they can about the c...
Our Resolved Cases
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Showing 4 of 386 Our Resolved Cases
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...
ERG International Customer Service Rep Wins Two MetLife Disability Appeals
MetLife denied our client's long-term disability claim twice in less than two years — both times by relying on a non-examining psychiatrist who never laid eyes on her, and both times by ignoring the lupus, connective-tissue disease, and joint hypermobility that were independently destroying her ability to work.Our client is a Texas customer service represe...
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