Disability Claims

Some employers will offer a severance package providing for salary or medical benefit continuation, if you sign a general release, releasing them from all claims. If you decide to take such a package, you must be careful not to release your ability to apply for or continue to receive disability benefits under your company’s long-term disability plan. Remember, long term disability insurance only covers you if you become disabled while employed. If your employment is terminated or if you resign and then apply for disability benefits, it may be difficult to prove that you became disabled before your employment ended. If you are considering filing a disability insurance claim you should consult with an experienced ERISA lawyer before you leave…Read More

Did you know that in ERISA disability cases there are no real trials? That’s right, NO TRIAL. Once the insurance company denies your disability claim and your appeal is over, you get a chance to file a lawsuit. However, this suit isn’t tried before a jury of your peers. You cannot bring in witnesses to testify about how disabled you are. You cannot tell the Judge how your illness or injury prevents you from working. Not even your doctor can come in and testify on your behalf. When you file a lawsuit in an ERISA disability case, a Judge will decide your case. The only evidence he will review is what is already in the claim file when the insurance…Read More

I frequently get calls from long term disability claimants wanting to know if their disability insurance company can get all their social security back benefits. Often they recall some discussion with the insurance carrier about coordination of benefits, but fail to fully appreciate what it meant. In a nutshell, most group disability policies have a provision that allows the insurance company to offset other income benefits. This means they take credit for the income the disabled individual received from other sources of income such as social security disability, pension, retirement, worker’s compensation, or even settlement from an accident that resulted in the disability benefits. In some cases they can take credit for the social security income that their children receive…Read More

This past weekend, my single goal was to blog. Instead my husband surprised me with tickets to the Caribbean festival in Marion Oaks at Champaign’s farm. What an awesome weekend we had! It was great seeing old friends like Dr. Pam Lewin and Heather-Dawn, as well as meeting new friends and acquaintances. But who can talk about a Caribbean festival without talking about the food? Food was provided from morning until night. Breakfast included ackee & salt fish, green banana and fried dumplings. For lunch there was fish, jerk pork, chicken, run down and festival. Then there was dinner and supper with all the great island food including curried goat, gungu pea and red pea soup and much, much more.…Read More

Do you want to know a secret? Every day, millions of people pay good money for a disability policy that limits or terminates benefits for disability caused by pain, fatigue, or fibromyalgia. What is even more amazing is that the law allows it. This is OUTRAGEOUS! The insurance company will whine that there is no objective evidence that you are in pain, or that you are tired and fatigued. When you send them your medical records with these symptoms - which your doctor used to treat your condition- they say it’s based on your own reports of pain or fatigue. As a result, they will either not pay benefits, or will severely limit your benefits. You should know that there…Read More

Every year thousands of people are wrongfully denied long-term disability benefits from their insurance company. Often, these individuals will take early withdrawal from their retirement plan in order to meet basic living expenses while appealing the denial of benefits. As a result, they are left with nothing to fund their retirement and because of the disability, no means of ever earning that income again. To add insult to injury, once the disability carrier decides that they were wrong and should not have denied benefits, they also take credit for the income received from the individual’s pension, IRA or other retirement plan. The net result is that the insurance companies get a free ride. Not only do they get away with…Read More

Whether or not you still qualify for disability benefits depends on how much you’re working, how much you’re making, and the specific disability program you are enrolled in. The restrictions on what you can earn are stricter if you are enrolled in the Supplemental Security Income program. Assuming that you have no other sources of income besides your job and SSI, your Supplemental Security Income benefits are reduced by a dollar for every two dollars you earn over $85 in a month. It is entirely possible to earn so much at a job that your benefits stop altogether. If you earn enough to receive no benefits for an entire year, you will have to reapply for the program if you…Read More