Some disability insurance companies use surveillance and other probing techniques to demonstrate that a claimant is not disabled. Insurers are waiting and watching for those moments that might “prove” that the patient in question is actually capable of working. Many insurers actively search for evidence of fabricating or feigning disability, as grounds to deny disability […]
Category: Disability Insurance Claims
For Doctors and Nurses: Guidance on Disability Insurance, Life Insurance amid the COVID-19 Pandemic
That our medical people are getting sick and dying from coronavirus in their attempts to save others is not an exaggeration. Doctors, nurses, and practitioners on the front line of the COVID-19 battle come face to face with the potential for their own infirmity and death. This is every day for them. Will they be […]
ERISA Traps to Watch for in Group Disability Claims
The federal ERISA statute is filled with technicalities, hidden pitfalls and land mines — so much so, the unrepresented claimant has little chance of successfully fighting a wrongful denial of benefits. Group disability insurance claims can be successfully handled when an experienced ERISA lawyer is in your corner fighting for you. Our law firm is […]
After I’ve Made an LTD Benefits Claim, Will The Insurance Company Talk To My Friends and Neighbors?
Insurance companies are run to make a profit. To them, having to pay long term disability benefits to a policyholder who’s become too ill or injured to work is a loss. To avoid a loss, the insurance company will often go to great lengths to show the policyholder is not disabled and can work, even […]
My Doctor Does Not Support My Mental Disability Claim. What Do I Do?
Are Attorney Fees and Expenses Deductible for Reversing a Denial of Long-Term Disability Insurance Claims?
One common question from disabled claimants, especially around tax time, is whether the attorney fees and expenses incurred to recover their denied disability benefits are deductible. In short, attorney fees and expenses incurred to are generally not deductible under the Tax Cuts and Jobs Act of 2017. However, there are exceptions for “above-the-line” deductions, which […]
What is ERISA and What Does it Have to Do with My LTD Claim?
ERISA is a federal law that regulates the handling of Employee Benefit Plans. The term is an acronym for the Employee Retirement Income Security Act of 1974. By definition, ERISA covers practically all group disability, health, and retirement plans within private industry. Without a doubt, ERISA is a hot button issue in disability insurance law. […]
Resolve Your Group Disability Claim – The Right Way
Today’s video outlines the possible outcomes of a disability case under ERISA law. Resolving your group disability claim may encompass any of the following: Most group LTD claims are denied either initially or on appeal. Does resolving your group disability claim mean you’re destined to appeal your claim or file suit? There is a better […]
Disability Settlement Offers – Is Your Insurer Giving You a Fair Shake?
In the video above, disability attorney Marc Whitehead discusses the importance of negotiating disability settlement offers. When we explain how disability insurance companies often try to settle claims far below their actual worth, the value of negotiations becomes clear. Our attorneys often work with people whose long term disability claims have been approved, yet they […]
Administrative Appeal in Group Disability Claims
In our video above, disability attorney Marc Whitehead discusses the importance of the administrative appeal in group disability claims.
Group insurance plans are governed by federal ERISA law. There are key differences between what you must do to prevail in a claim for group disability benefits under ERISA rules, versus the state contract laws that you would follow if your claim were filed under a private long term disability policy.