If you ultimately win a disability dispute, you might think the insurance company will be instructed to pay the attorney fees, even in ERISA disability claims.
However, that is not how it usually goes. This video describes yet another way ERISA disability claimants must fight an uphill battle
How a Social Security Disability Offset Can Cut LTD Insurance Benefits
Today’s video brings shocking news to many group disability claimants: If you are awarded disability benefits by Social Security as a lump sum (in addition to your group LTD insurance benefits), your insurance carrier can ask that you turn over your SSDI lump sum award to them.
Most employer-sponsored long term disability plans are explicitly written so that the insurer benefits when SSA approves a claimant’s SSDI claim.
What Are Disability Payment Offsets to LTD Insurance Benefits?
Disability insurance plans offered through an employer can provide critical disability benefits. However, there is another important fact about group coverage every employee should realize:
Most group disability plans have provisions that offset (reduce) LTD insurance benefits, if that employee has other sources of income.
The video above explains how an award of Social Security Disability Insurance can offset your LTD monthly benefit amount. As a rule, this stipulation affects long term disability benefits and only in rare situations affects short term benefits.
What the Denial Letter from Your LTD Insurer Does Not Tell You!
Have you received a denial letter from your long term disability insurance company? Now is not the time to fold in despair; it is time to take action! But first of all, what happened? Why did the insurance carrier deny your claim?
Remember that in group disability claims, your claim information is reviewed and evaluated by claims handlers who work for the insurance company. This reveals an inherent conflict of interest in most group disability cases.
Filing an LTD Appeal – What You Need to Know
“Can you appeal a long term disability denial yourself? Yes, but it’s not a good idea.” As stated in the above video, this advice may be a rude awakening for many claimants. Why is filing an LTD appeal yourself a bad decision? The reasons become more apparent when you consider things from the insurer’s point of view.
Disability Insurance Appeal: Group vs. Individual
To prevail in a long term disability claim dispute, one of the first things to identify is the law that will govern your disability insurance appeal. There is a great difference between appealing a disability claim that is under group coverage, as opposed to individual, or private coverage.
Our video talks about ERISA law. The acronym ERISA stands for the Employee Retirement Income Security Act and is the federal law that governs group disability insurance plans. Group coverage is typically provided by your employer, or in some cases through professional associations and trade groups.
Does the Court Award Attorney Fees in ERISA LTD Claims?
There are times when a court may award attorney fees in ERISA disability cases. If your group disability claim enters into the litigation phase after the administrative appeal has been. exhausted, you have the right petition the court to have the other side pay attorney fees. But there’s a catch.
SSDI Benefits for Spinal Cord Disorders – Use SSA Listing 11.08
If you suffer from a spinal cord injury or disease, you may be eligible for Social Security Disability Insurance (SSDI). There are two ways to qualify for SSDI benefits for spinal cord disorders:
• meeting Listing 11.08 as defined by SSA, or
• if the impairment does not meet the criteria of a listing, it can medically equal the criteria of a listing.
In either case, your condition must limit your functioning so much that you cannot work and earn a living. The following presents the basics you need to know about filing for critical SSDI benefits you need and deserve, or appealing a claim denial for SSDI benefits for spinal cord disorders.
Get Social Security Disability Benefits for Cerebral Palsy Using SSA Listing 11.07
What does Social Security look at when deciding to award disability benefits for cerebral palsy (CP)? Even with the strongest claims, many CP disability cases are initially denied. Having good legal help after a claim denial can make the difference between winning and losing much needed compensation.
Cerebral palsy is an umbrella condition for several different movement disorders. In many cases, it has also been shown to negatively impact hearing, eyesight, speech, and reasoning, and it can also cause seizures. Those with severe cerebral palsy may be able to get disability benefits from Social Security – if they qualify.
Win Weight Loss Disability Benefits Using SSA Listing 5.08
How does Social Security evaluate and award weight loss disability benefits? While many people fight to drop a few pounds, those who have an ongoing weight loss problem know just how frustrating and scary it can be.
Most of the time, persistent trouble maintaining weight is a symptom of a serious medical disease. Depending on the nature of the related medical disorder, you may be experiencing a variety of serious associated symptoms that make it difficult to engage in regular activities of daily living or even concentrate for long periods of time.