Over the decades I have handled Short Term Disability and Long Term Disability benefit claims, I have watched the definition of “disabled” or “disability” change quite dramatically. Back in the 1980s and ‘90s, it was fairly routine for the definition to be whether you were disabled from your “own occupation.” Then, insurance companies have been [...]
Our office has been a paperless office for over 11 years. Other than very specific, original documents in our clients’ files, all the documentation that goes through our office is digitized. Being a paperless office is particularly helpful when handling a Long Term Disability claim, which is document intensive. This system allows us to keep [...]
If you hire me as your Long Term Disability attorney, one of the first letters I will send will tell you to keep a case diary. I cannot emphasize this enough, for a number of reasons. First, if you write it down, you do not have to remember it. This is helpful because this time [...]
There are many reasons you should have long term disability coverage. We're uncovering what it can do for you! The majority of people rely on their work income to pay for living expenses, like food and housing, and have no other means to support your family in the event of an illness or injury which [...]
When Short Term Disability or Long Term Disability benefit claims are denied an “Administrative Appeal” must be filed. This is a time when you really need an attorney to guide you through the regulatory you will encounter. The new regulations concerning the use of “medical records reviewers” hired by the insurance company to render medical [...]
Could your social media account affect your disability claim? Find out below. Many of our clients ask whether their disability insurance company will investigate them either in person or online. Taking your child to school, having dinner with family or friends, or engaging in your favorite hobbies can turn an innocent life activity into one that [...]
It seems there are more and more Long Term Disability claims coming to our attention here at Herbert M. Hill, P.A. involving pre-existing conditions. Let me explain generally how this exclusion works. However, let me remind the reader that the governing Plan Documents have to be reviewed to be specific to your circumstance. Generally, if [...]
So many clients report to me that they used a particular Social Security representative because their Long Term Disability insurance company recommended the representative. It has been told to me any number of times that the disability insurance company representative will tell them the insurance company will pay the attorney’s fees if the long term [...]
Whenever a claim for Long Term Disability benefits goes into a lawsuit, the Court will order the parties to engage in pre-trial settlement procedures, either in the form of arbitration or mediation. Mediation is the course which Long Term Disability benefit claims generally follow. While the Court orders the parties to mediation, the process is [...]
Treating doctor cooperation can feel like a trap. We're uncovering the facts: There is one big stumbling block with evidence in Long Term Disability benefit claims governed by the federal statute known as the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §1001, et seq. That problem relates to medical evidence. As discussed elsewhere, the trial of the [...]