Nurse Disability Insurance Claims Tips to Get Disability Benefits Approved

Nursing can be one of the most demanding but rewarding professions out there. Unfortunately, for many nurses, the physical demands of the job – from long, break-free shifts to communicable disease exposure to the years of wear and tear of lifting heavy patients – can sometimes be career-ending. Read on for some tips that can help nurses who are seeking long term disability benefits.

You must understand the definition of “disability” in your policy.

Each long term disability insurance policy is a little different, and these policies can vary based on region, insurance carrier, and even the age of the claimant. By understanding how your long term disability insurance policy defines “disability,” you’ll be better able to tailor your claim for benefits to the policy’s definitions, improving the odds that your claim will be approved.

Nurses have a unique advantage when it comes to filing a long term disability claim – they know medical records forward and backward. Most nurses have no problem assembling the medical record for a disability claim, though an attorney can still help when it comes to crafting the disability claim package to adequately showcase every way in which the disabling condition affects the way you perform your job.

“Regular Occupation” is a policy term that may not reflect how you performed your duties as a nurse.

There are dozens of different subspecialties within the nursing profession, and the “regular occupation” definition – which defines a nurse’s duties based on the national economy – doesn’t usually cover all the ins and outs of a nurse’s specific position. Most insurance carriers rely on the Dictionary of Occupational Titles to establish the baseline duties for a claimant, but because nurses’ duties have evolved significantly over the last two decades, this dictionary simply has not kept up.

Working with a vocational expert helps to clarify the reasonable duties of a nurse.

The definition of “nurse” in the Dictionary of Occupational Titles is not necessarily binding on a disability claimant. One of the tools in a disability claimant’s arsenal is the use of a vocational expert. These experts will interview the claimant and generate a comprehensive report that goes above and beyond the dictionary definition of “nurse” to encompass everything the claimant does during a day (or week) at work.

Many nurses have very physically-demanding jobs that can involve lifting and moving patients who weigh up to 300 pounds, repetitively using their hands or arms, and spending up to 12 hours a day on their feet. And because most nurses’ positions are so patient-focused, a nurse who is on the job while experiencing serious pain or illness may not be able to provide an adequate level of patient care.

Your policy may have provisions that can limit your benefit payments to 12 or 24 months.

Many nurses’ long term disability policies are provided and paid by their employers. Unfortunately, these group policies have more extensive limitations than private long term disability policies, which can affect a nurse’s ability to collect disability benefits.

One disadvantage of these group policies is that they often have inadequate coverage for mental health claims, limiting the benefit period to 12 to 24 months. Furthermore, “invisible” illnesses like chronic pain, chronic fatigue, or certain autoimmune conditions are often limited to a 12 to 24 month benefit period.

Strong medical documentation by your doctors and medical testing may be required to get disability benefits paid.

One of the most impactful things a nurse can do to support their long term disability claim is something they’re already used to doing—keeping contemporaneous records and notes of how their disability is affecting them. By adding these notes to the medical records that are already in place, a nurse can present a strong claim for disability benefits and clear proof of how this disability is impacting the nurse’s ability to do their job.

In some cases, this medical documentation can also include cognitive testing. Nurses are often charged with administering life and death decisions on behalf of the patients in their care, and a nurse who can’t concentrate because of the level of pain they’re in may be a risk. On the other end of the spectrum, a nurse who must take prescription pain medication to make it through a shift may not be in the proper mental state to be responsible for patient care decisions. Don’t let your disability insurance carrier understate the extent to which your job requires a clear, focused head.

If you have a chronic medical condition, then you must prepare your disability claim in advance to get approved.

One question insurance carriers often ask is whether nurses can continue to work if they’re performing a sedentary or light duty job instead of a medium- to heavy-duty one. But “sedentary” doesn’t mean physically effortless, and many nurses who have been fighting through the pain for years may be unable to perform even sedentary work on a full-time basis.

The attorneys at Dell & Schaefer have helped hundreds of nurses throughout the U.S. recover long term disability benefits under the terms of an employer-paid disability policy. If you’d like to learn more or want to set up your free initial consultation, get in touch with one of our experienced long term disability attorneys today.

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Sue Your Disability Insurance Company

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Prevent a Disability Benefit Denial
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Negotiate a Lump-Sum Settlement

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Disability Company Reviews
(642)
Showing 8 of 642 Reviews
Sedgwick

AT&T Was Great and Sedgwick Horrible

Reviewed by From a great job to a complete nightmare on March 20th 2024   Verified Policyholder | March 2024 date of disability
My Physician recommended that I take some time from a toxic environment after several deaths in my family coupled with AT&T trying to run tenured employees out of the door... read more >
New York Life

Keeps claiming they will not approve claim for pre existing conditions but my illness is not preexisting

Reviewed by M.T. on February 15th 2024   Verified Policyholder | May 2023 date of disability
I have been appealing a claim for LTD for 8 months! New York Life keeps claiming they will not approve claim for pre existing conditions but my illness is not preexisting ... read more >
Reliance Standard

Staff Lie

Reviewed by Tanya on February 12th 2024   Verified Policyholder | August 2021 date of disability
I had my disability cut off the day I was scheduled to find out whether I should have surgery. The claims examiner was aware that I had an appointment on that date and sai... read more >
Reply
Sent on February 12th 2024 by Attorney Gregory Dell

I am sorry to hear about your experience. It’s crazy that Reliance Standard would deny your disability benefits when you are suffering so badly that you need surgery.... read more >

Hartford

Former Hartford employee has had life insurance and accidental death policy's revoked for one late premium payment

Reviewed by Becky H. THOMAS on February 12th 2024   Verified Policyholder | February 2024 date of disability
Dislike how they are constantly interrupting the lives of their disabled EE's whom are entitled to benefit which they paid into out of there pay check every pay period onl... read more >
Reply
Sent on February 12th 2024 by Attorney Gregory Dell

Thank you for your review of Hartford and we appreciate you sharing.  It’s sad they don’t take care of their own employees.

Lincoln Financial

Never received benefits my entire leave - or help with them

Reviewed by Anna on December 19th 2023   Verified Policyholder | November 2023 date of disability
I used my short term disability insurance for maternity leave and started the process beforehand knowing when I would be out (scheduled induction.) It took a little over a... read more >
Sun Life

SunLife's behavior is outlandish and criminal to say the very least

Reviewed by Nancy Nurse on May 12th 2016   Verified Policyholder
I have a super-pubic catheter and am having to use a cane for ambulation. Sunlife is dragging their feet with paying my LTD. They say that “Just because I have a cathete... read more >
Reply
Sent on May 12th 2016 by Attorney Stephen Jessup

Nancy, do you know what the effective date of your LTD benefit? Please feel free to contact our office to discuss your situation in greater detail.

New York Life

This has been a very long and hard road

Reviewed by Jawanna S. on September 23rd 2015   Verified Policyholder
I worked for 13 years as a Registered Nurse, since 1999. I worked in many fields, but the last 7 years I worked on an ICU cardiac care unit. I actually became ill in 2001 ... read more >
Reply
Sent on September 23rd 2015 by Attorney Stephen Jessup

Jawanna, please feel free to contact our office to discuss how we can potentially assist you in appealing both of your claims.

Hartford

Hartford has financially crippled us. I was so mislead

Reviewed by Linda VanDenHeuvel on March 31st 2011   Verified Policyholder
Hello, my name is Linda VanDenHeuvel. I’m a Registered Nurse who worked in emergency departments for 32 years as a Trauma Nurse Specialist. For 13 years, I paid premiums... read more >
Reply
Sent on March 31st 2011 by Attorney Gregory Dell

Linda, your Hartford policy probably has an offset for social security disability. Hartford will likely deny you after they recoup the ssdi overpayment. If you have pro... read more >

Answered Questions by Our Lawyers
(5)
Showing 5 of 5 Answered Questions

Q: Can I file for unemployment if I am on medical leave from my job and an ssdi application already submitted.

Answered on October 11th 2023 by Attorney Stephen Jessup
A: Unfortunately, you would need to speak with a Social Security attorney to determine how the SSA will react to ... Read More >

Q: What can I do about my long term benefits that’s ending after 2 years?

Answered on June 6th 2023 by Attorney Gregory Dell
A: Prudential is likely telling you that they will stop paying you in September because they either think you sho... Read More >

Q: What is your fee to cover my Hartford claim?

Answered on February 7th 2018 by Attorney Gregory Dell
A: Tina, to determine an appropriate fee would require an analysis of your claim at the time of denial. If Hartfo... Read More >

Q: How can New York Life claim I have a preexisting condition when they have all of my medical records?

Answered on May 6th 2016 by Attorney Cesar Gavidia
A: Angela, if a claim for benefits under the policy was made within 12 months of coverage that will always trigge... Read More >

Q: Can you explain why NWM is still paying me while my claim is being reviewed? They said if they don't approve it, their accomodation payment is not owed back to them.

Answered on May 21st 2014 by Attorney Stephen Jessup
A: Frustrated, Northwestern Mutual is providing benefits under what is commonly known as a “Reservation of Righ... Read More >
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Can The Hartford Characterize Cognitive Impairment Due to Chronic Pain a Mental Condition?

Disability insurance attorneys Gregory Dell and Stephen Jessup discuss a Northern Illinois federal court case in which Hartford attempted to deny benefits to a nurse after 24 month. Hartford claimed that the Nurse's cognitive impairment was a mental condition subject to the disability policy's 24 month mental health limitation. The court disagreed and reinstated... Read More >

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... Read More >

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... Read More >

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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 ... Read More >

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... Read More >

How Do You Fight a Long-Term Disability Denial?

Getting a denial letter from your disability insurance company is one of the ultimate insults. You are sick and not able to work, yet your disability insurance company is telling you to return to work. The disability insurance company has denied your disability benefit claim and is basically calling you a liar. When receiving a disability denial letter... Read More >

Disability Denial Reason #2 - Change of Disability Definition & Vocational Review

One of the top reasons for terminating a claimant's long term disability benefits involves the change in the disability insurance policy's definition of "disability." This definition change often happens in conjunction with a vocational review, or an analysis of a claimant's medical records that tells the insurance company which jobs the claimant should be able ... Read More >

Disability Denial Reason #1 – Paper Review & IME

At Dell Disability Lawyers, we've seen insurance companies give countless reasons to deny long term disability benefits. However, most disability benefit denials tend to fall into one of a few categories - and one of the biggest ones is the paper review and independent medical exam (IME). Learn more about what this review process entails and what your claim file... Read More >
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Nurse Denied Long-term Disability Benefits by Lincoln After the Definition of Disability Changed

Our client, a registered nurse for Dignity Health, found herself in a difficult situation after being diagnosed with lumbar spondylosis and left knee arthritis. She continued to work, however, struggled while attempting to work through chronic lower back pain and left lower extremity radicular symptoms on a daily basis. Sadly, her condition failed to improve and... Read More >

Nurse With Knee and Back Disorder Wins Hartford Disability Appeal

We represent a General Duty Nurse who was denied long term disability benefits as Hartford improperly determined that she was able to work her medium duty job on a full time basis. The medical and occupational documentation submitted with her appeal that we filed on her behalf, as well as the documentation and evidence previously submitted by her physicians, cle... Read More >

After Two Appeals The Standard Insurance Approves Short & Long Term Disability Benefits for Nurse

Prior to filing for disability, our client was a Registered Nurse employed as a Senior Case Manager for United Healthcare. Our client was a dedicated employee who enjoyed her work until chronic pain, frequent headaches, and resulting cognitive dysfunction forced her to stop working in July of 2018. Fortunately, her employer provided disability insurance coverage under two policies: UnitedHealth Group’s ... Read More >

CIGNA overturned previous denial of waiver of life insurance premiums

Our client was the husband and beneficiary of Ms. S, who formerly worked as a registered nurse for a regional Healthcare System. In January 2016 a number of medical issues, including cerebrovascular constriction syndrome, vasomotor headaches, unspecified neurocognitive disorder, chronic fatigue, and chronic pain syndrome forced Ms. S to stop working and submit her claim for disability benefits under her employ... Read More >

Cigna Finally Approves Claim for LTD Benefits for Former Nurse Employed at Hollywood Presbyterian Medical Center

Our client was previously employed as a Registered Nurse at Hollywood Presbyterian Medical Center in California. She worked faithfully there since 2007. Being a nurse was more than a job, it was her life. Unfortunately for our client, she was forced to stop working in July 2016 when the pain from her lower back issues made it impossible for her to continue to work as a Nurse. She also suffered from depression,... Read More >

After appeal filed by Attorney Jay Symonds, UNUM overturned previous denial of long term disability benefits for South Carolina Nurse

Our client, Ms. L, formerly worked as a Registered Nurse for a nursing home. In November 2014 a number of chronic physical conditions and pain forced Ms. L to stop working and submit her claim for disability benefits first under her employer’s short term disability (“STD”) Policy then continuing under her employer’s Long-Term Disability (“LTD”) Policy both benefits were administered and funded by C... Read More >

Cigna again reinstates claim of Archdiocese of Baltimore Registered Nurse thanks to Appeal by Dell Disability Lawyers

A Registered Nurse was initially forced to stop working in 2013 due to various conditions, including: enthesopathy in the hip region, lumbago, myalgia/myositis, lumbar spondylosis, lumbar degenerative disc disease, lumbar facet syndrome, and chronic pain syndrome. When the pain from her multiple medical conditions left her unable to work, the RN immediately applied to Cigna for STD benefits, but was initially ... Read More >

Trinity Health Care Registered Nurse wins Cigna long term disability Appeal

After receiving Long Term Disability (LTD) benefits for two years due to severe back conditions, a Nurse who formerly worked at Albany Memorial Hospital (which is part of the Trinity Health System) was denied continued LTD benefits after Cigna made a determination that she no longer satisfied the definition of disability under the policy.The timing of such a denial is very common in the disability insuranc... Read More >
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Mutual of Omaha Disability Denial Upheld by Appellate Court

In Giovanna Reichard v. United of Omaha Life Insurance Company (Mutual of Omaha or Omaha), Plaintiff, a nurse employed by a hospital, suffered from headaches, arthritis, Crohn's disease, and fibromyalgia. She eventually had to quit work because of her illnesses and applied for long-term disability (LTD) benefits through her employer's group-disability plan administered by Mutual of Omaha.... Read More >

District Court Holds That Reliance Standard Did Not Properly Consider Whether Traveling Nurse Could Perform The Material Duties Of Her Regular Occupation

In Sue Ray v. Reliance Standard Life Insurance Company, W.D. Washington, July 31, 2018, Plaintiff filed suit under the Employee Retirement Income Security Act of 1974 (“ERISA”) to recover long-term disability (“LTD”) benefits, which Reliance Standard denied on the ground that plaintiff could perform her “Regular Occupation” and was therefore not “disabled” within the meaning of the LTD policy a... Read More >

Registered Nurse Disabled By Plantar Fascitis Wins Long-term Disability Lawsuit Against United of Omaha After Judge Finds Evidence of "Cherry Picking"

From 2002 until 2010, Julia Sun worked as a Registered Nurse caring for quadriplegic patients. Her occupation could not be considered, as far as strength demand was concerned, anything less than a “medium” physical demand level occupation. The substantial and material duties of her occupation included caring, bathing, feeding, dressing and transferring patients. She administered their medications and asses... Read More >

District Court Affords Greater Weight To SSDI Award Than Surveillance Footage

In Rouleau v. Liberty Life Assurance Company of Boston, plaintiff Michelle Rouleau, a Registered Nurse (RN) for a Hospital, had a history of intractable lower back pain dating back many years. As an employee of the Hospital, she was covered by a Group Long-Term Disability Insurance policy issued by Liberty Life (Liberty).Benefit ProvisionsUnder the terms of the LTD Policy, the definition of disabi... Read More >

MetLife Denies Third Claim for Disability Benefits After Approving Two Separate Prior Claims for Disability Benefits for Chronic Fatigue Syndrome Sufferer

In Bosley v. Metropolitan Life Insurance Company (MetLife), plaintiff Robert Bosley, a registered nurse, has his 2009 claim for long term disability approved by MetLife. He received benefits from 2008 until 2010 at which time he returned to work in sedentary “desk job” position. In 2011, he again received long term disability benefits running from 2011 until 2012 when he returned to work as an advice nurse... Read More >

Arkansas Court Reverses Liberty Life's Disability Denial for a Nurse

In Mackey v. Liberty Life Assurance Company of Boston, an Arkansas federal court ruled that Liberty abused its discretion when it denied benefits to Mackey on the grounds that there were three vocational alternatives for her without actually considering her abilities to perform the job duties of the alternate occupations. The court did not accept Liberty's conclusion and remanded with instructions that, "A ben... Read More >

Registered nurse at Temple University Hospital denied disability benefits, sues Cigna

A Pennsylvania disability attorney recently filed a lawsuit in District Court of Pennsylvania against Cigna. The Plaintiff, Jamy V., was employed as a registered nurse for Temple University Health Systems (TUHS) through April 1, 2006. Due to her employment with TUHS, Plaintiff was covered by TUHS's Group Long-Term Disability Plan. This plan was administered by Cigna.In Jamy V. Vs. Life Insurance Company Of... Read More >

Registered nurse & her California disability lawyer sue Unum for failure to pay disability benefits

A disability attorney recently filed a lawsuit in the District Court for the Central District of California against the Unum Life Insurance Company of America (Unum). In Marjorie McGill Vs Unum Life Insurance Company of America, Administrator of the HCA Management Services, L.P. On Behalf of HCA's Affiliated Facilities (Los Robles Hospital and Medical Center) Long-term Disability Plan, the plaintiff brought th... Read More >

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5 Ways We Help Get Your Benefits Paid

Get Your Disability Application Approved

Our goal is to get your application for disability income benefits approved. Applying for disability insurance benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their "hired gun" doctor.

Through our experience of having helped thousands of disability insurance claimants, our disability insurance lawyers will guide you through the entire application process and give you the best chance to get your disability claim approved the first time.

Submit A Strong Appeal Package

If your disability insurance benefits have been wrongfully denied, then our disability insurance lawyers know exactly what it takes to get your disability claim approved. You only get once chance to submit an Appeal, therefore every piece of evidence that will support your disability claim must be included. The goal is to win your disability benefits at the Appeal level, but while preparing your Appeal you must consider how a federal judge will review your disability claim if your benefit denial is upheld.

Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of "disability". We encourage you to contact any of our attorneys for a free immediate review of your disability denial.

Sue Your Disability Company

98% of the disability insurance lawsuits filed by our law firm have resulted in either the payment of benefits or a lump-sum settlement agreement. Our disability insurance attorneys have filed ERISA governed and private policy long term disability insurance lawsuits against every major disability insurance company in state and federal courts nationwide and we love fighting for the "little guy" against the multi-billion dollar insurance company giants.

We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.

Prevent A Disability Benefit Denial

Approval of long-term disability is a continuous process as every disability insurance company will evaluate your eligibility for benefits on a monthly basis. You can never let your guard down and assume that your disability company will continue to pay your benefits for as long as you think you need them.

Our disability insurance law firm offers a reasonable flat fee monthly claim handling service in which we handle every aspect of your long-term disability claim and do whatever it takes to make sure you are paid every month.

Negotiate a Lump-Sum Settlement

Let's discuss if a lump-sum settlement or buyout of your disability insurance claim is both available and makes financial sense for you. Our disability insurance lawyers have negotiated more than five-hundred million dollars in disability insurance buyouts and we know how to get you a maximum settlement. A disability insurance company is not required to offer a buyout and not every disability company offers them.

Questions About Hiring Us

Who are Dell Disability Lawyers?

We are disability insurance attorneys that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.

In more than 98% of our cases, our attorneys have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement. Our disability insurance lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.

We offer disability insurance attorney representation nationwide and we welcome you to contact any of our lawyers for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 850 videos and regularly provide tips to help protect your disability benefits.

Who do you help?

Our disability insurance attorneys help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.

Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.

A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.

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 insurance 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 phone, email, fax, or video conferencing sessions. 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 insurance attorney. We can be reached at 800-698-9159 or by email. Lawyers 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.

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