Beware of Mental Nervous Limitations in Long Term Disability Benefit Policies?
Disability Companies Are Wrongfully Using the 24 Month Mental Nervous Limitation
Every person that experiences pain also has a secondary dysfunction of their mental state. How could a person be in good spirits when he or she is suffering from a painful medical condition and unable to work? In this video, disability insurance lawyers Gregory Dell and Stephen Jessup discuss how disability insurance companies are manipulating the mental nervous limited pay period provision in order to deny long term disability benefit claims. We welcome your comments and feedback on this issue which we battle for claimants on a daily basis.
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There are 2 comments
First and foremost, contact your HR department to secure a copy of the long term disability policy. If your policy does contain a 2 year mental health limitation and your condition does not fall into any exception (if any), then it may in fact be limited to the 24 months. That being said, just because your claim has been approved it does not mean that it will continue to be approved for the full 24 months as disability is a month to month analysis. Your policy will require you to be under the appropriate care of a physician/treatment provider- if your doctor wants you to come every couple months it is arguable you will satisfy the appropriate care provision. However, with mental health claims Sedgwick will certainly expect that you have monthly if not bi-weekly visits if your condition is to be deemed severe enough to qualify for disability. Please feel free to contact our office should you have additional questions.
Stephen JessupNov 14, 2014 #2
Hello Mr. Dell,
I have been on disability for about 15 months. I was sent to an independent medical examiner and afterwords I received notification that my long-term disability was approved.
Will my claim most likely be closed once the 24 month period hits because it is mental health? I noticed on my online claim information that it says RTW and then the date just happens to be at the 2 year mark.
How can I obtain my employers group disability policy rules that Sedgwick follows?
Since my long-term disability was approved does that mean I am approved at least up until it hits 24 months? Or will it be an ongoing approval type system like in the beginning of the claim process?
Is there a certain limited amount of time that can pass in between doctor visits? A couple months or possibly longer?
Any advice that you have is greatly appreciated.
Thank you, Steve
SteveNov 13, 2014 #1
Do you work in my state?
Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.
What are your fees?
Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.
The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.
In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.
Do I have to come to your office to work with your law firm?
No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.
How can I contact you?
When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.
I must say, words can’t express my inner-feelings for the fabulous job that Dell & Schaefer firm have done for me. I was so impress with the outline of my disability appeal, it was totally organized. Dell & Schaefer keep me abreast with the entire proceedings. To have an attorney that has your interest at heart is a phenomenal thing. Dell & Schaefer was referred to me by a friend. It was a true blessing. I would return a favor, by referring Dell & Schaefer to anyone that needs an attorney.
Thank You, Dell & Schaefer and Stephen Jessup, for being there in my time of need.