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 [...]
Monthly File Reviews may go unseen by my clients but they are a valuable way for me to keep an eagle eye on all of our firm’s Long Term Disability settlement cases. There is much activity that takes place in connection with each client’s claim that goes unnoticed by the client. Many times we are [...]
Contingent fees are a topic of conversation anytime a new client comes into my office. So I wanted to explain how we do it at Herbert M. Hill, P.A. I was trying to think of a more attention-getting title for this blog but I cannot. It is a topic about which a lot of people [...]
We routinely explain to our clients that their highest and best result is the primary goal when handling Long Term Disability claims. That result is to get the claimant on regular monthly checks. This is the result that is going to achieve the greatest financial benefit to the claimant. In addition, this is also the [...]
It has become over the years we have represented claimants in Short Term Disability and Long Term Disability claims that insurance companies make a habit of denying claims that involve a relatively small amount for total benefits. I say "relatively" because the amount of money to the insurance company is truly a pittance but for [...]
Over the years, it has become clear to the undersigned that Long Term Disability insurance companies look to many factors other than the merits of the claim in determining whether to pay benefits. The only valid considerations are medical and vocational evidence. Of course, an insurance company will always try to wriggle through one of [...]
