ERISA
Common Reasons for Denials in Long-Term Disability Cases
Since the terms of various long-term disability plans can differ widely, there are many different reasons why an insurance company might deny benefits to applicants....
Can I Still Get Long-Term Disability Benefits if I Can Work Part-Time?
Some long-term disability insurance plans provide for residual benefits. These benefits may be available if you have a disabling medical condition, but you are able...
What is My “Date of Disability” and Why Is It So Important?
Your “date of disability” refers to the date on which your disability began and rendered you unable to work. This date is very important for...
What Are Waiting Periods in Long-Term Disability Insurance Policies?
When you are injured or develop a disabling medical condition, you may look to your long-term disability insurance plan to replace your income. You might...
Why Does My Insurance Company Want Me to Undergo a Neuro-Psych Evaluation?
Many long-term disability insurance plans require you to undergo what they refer to as “independent” medical examinations when you apply for long-term disability benefits. The...
Can I Get Attorney Fees Paid by My Insurance Company if I Win My Long-Term Disability Claim?
For long-term disability claims governed by the Employee Retirement Income Security Act of 1974 (ERISA), an award of attorney fees is a possibility if you...
My Insurance Company Terminated my Long-Term Disability Benefits. What Can I Do?
It is not unusual for an insurance company that is paying long-term disability benefits to terminate benefits after a certain time period, whether there has...
How Offsets May Impact Your Long-Term Disability Benefits
Individuals who receive long-term disability benefits should be aware of offset provisions in their benefits plans that might drastically reduce the amount of disability benefits...
Appealing the Denial of Long-Term Disability Benefits: The Basics
When your employer-sponsored long-term-disability plan denies you benefits, you may be unaware of your rights under the Employee Retirement Security Income Act (ERISA), which is...
How Have the New DOL Regulations Changed ERISA Disability Benefit Claims?
The U.S. Department of Labor (DOL) issued new regulations earlier this year for employee benefit plans offering short-term and long-term disability coverage that are governed...
Arbitrary and Capricious: Defining the Legal Standard for ERISA Long-Term Disability Claims
Arbitrary and capricious, also sometimes referred to as abuse of discretion, is the legal standard of review in many ERISA long-term disability claims. Under this...
Things to Avoid Telling Your Long-Term Disability Insurer
First, you should never underestimate or attempt to downplay your medical conditions. If your doctor has ordered that you refrain from lifting more than ten...