This is a topic I have written about before, but how insurance companies handle Long Term Disability claims remains problematic. Generally, the following applies to group disability benefits policies, i.e., ones you secured as part of a group of employees. Gross Monthly Benefit A little background is in order. First, in determining the amount of [...]
Long Term Disability cases from around the country offer insight into arbitrary and capricious review in the court system. Here, we dissect one case and how it can impact your LTD claim. As part of my continuing legal education, I routinely review all cases that might impact the law as it applies to my clients [...]
The behavior of disability claims representatives in connection with Short Term Disability or Long Term Disability claims has been a source of great consternation and astonishment for my staff and myself over the years. What Is The Motivation? We have tried to figure out what motivates these claims representatives and the tactics we must use [...]
Listening is vital for respectful communication and empathy while understanding others is more valuable than seeking to be understood. Every Long Term Disability law firm should remember that. “...to understand rather than be understood...” The above comes from a prayer attributed to St. Francis. It is a great prayer that sets forth laudable high standards [...]
One thing which drives many people into my office is the constant unreasonable demands made by claims representatives about Florida LTD policy claims. These claims representatives, who are grossly overworked, get behind on their files. Then try to catch up by demanding you provide documentation immediately. Now, your obligation as the claimant is to provide [...]
In the course of my efforts to stay current on the law governing Short Term Disability and Long Term Disability claims, I review a lot of cases governed by the federal statute commonly referred to as “ERISA.” ERISA is the Employee Retirement Income Security Act. The name sounds like the Act is designed to protect [...]
Our team of Long Term Disability attorneys can help you obtain the LTD benefits you are entitled to. Here, we showcase one recent victory of Michael Ann Woodard. Michael Ann Woodard is the attorney with our law firm who has taken primary responsibility for researching and developing the Administrative Appeals we submit when our clients’ [...]
One issue that comes up in both Short Term Disability and Long Term Disability benefits is the correct calculation of the benefits due. This is especially true in cases of Social Security disability benefits. The insurance policy will have the definition of a term such as “Pre-Disability Earnings.” Against that, you apply the percentage they [...]
One issue I do not believe many claimants correctly understand is the issue of who has the burden of proving your Short Term Disability or Long Term Disability claim. The simple answer to this question is generally found in the insurance policy. My experience over the many years I have been handling these claims is that [...]
You know, when I am practicing Long Term Disability law these days, I am reminded of that great Waylon Jennings song, “I Don’t Think Hank Done It This Way.” He sings about Hank Williams and “ten years down the road with a three-piece band looking at the backside of me.” Now, I don’t think anyone [...]
