Insurance Claims

While there is no requirement to do so, you may wish to have an Ocala Social Security disability attorney in your corner as you proceed with your claim. Many situations can arise which are difficult to handle without legal assistance. Even after you are approved for SSD, an attorney may be useful if your first check does not arrive promptly. Typical Wait for First Check It will take a bit of time for the Social Security Administration to complete the processing of your claim, but generally claimants can expect their first disability check 1-2 months after they receive notice of approval. This check should include back benefits. If, in addition, you filed for SSI, your check will be delayed considerably…Read More

Once your ERISA claim is denied, you can file a federal lawsuit to get your benefits. However, ERISA laws require that you submit an appeal to the plan administrator (or insurance company), within 180 days of the date of the denial letter. If an administrative appeal is not submitted timely, your right to sue will be lost. That does not mean you must rush with a knee-jerk reaction to request a review. You would never think of having a trial on a disability issue without calling witnesses: your doctor, maybe a co-worker, employer, friends, or family who knows you best. Yet, that is exactly what you will do if your appeal is not properly prepared and presented. That is because…Read More

...received the Best Employers for Healthy Lifestyles award from the National Business Group on Health this month. Perhaps the message is “We’ll treat you well…….as long as you are well”. www.lawyersandsettlements.comRead More

Check out “Insurance Company Rules” - a collaboration between Health Care For America Now (HCAN) and Public Service Administration (PSA).Read More

Does it seem like the insurance company is taking too long to decide your claim?  Are they asking you for extension, after extension after extension to decide your claim?  Do they ask you to send them more evidence of your disability only send you back a big fat denial?  Delays and denials by the insurance company are just some of the frustrations expressed by our clients in ERISA disability clients.  While the regulations set the standard on the time limits of when the insurance company must decide an initial application or an appeal of a denied claim, as well as how many extensions they can request and the length of the extensions, there are things you can do to help…Read More

Did you know that in insurance disability claims the insurance company can secretly videotape your activities?  That’s right; the van parked down the street could have a video camera watching your every move. When they send you that activity log to fill out, don’t be fooled.  They are not really wanting to know how limited you are in your activities; they want to see if they can catch you in a lie about your activities.  When you complete those activity logs NEVER say you NEVER engage in any specific activity. Follow your doctor’s advice on what activities you can engage in and those you should avoid. Keep a diary of your daily activates which you can refer to when completing…Read More

Most individuals understand that a Plaintiff who wins his or her lawsuit will be awarded attorney’s fees and costs incurred in prosecuting their claim. Unfortunately, attorney’s fees and costs are discretionary under ERISA. Another anomaly in ERISA law is that attorney’s fees and costs may be awarded against either a losing plaintiff or defendant. That’s right. A losing plaintiff may have to pay the insurance company’s attorney’s fees and cost. Some consider it only fair that the loser pays the fee, no matter which side. Others see it as having a chilling effect on the prosecution of the claim, since an individual may forego pursuing an otherwise valid claim out of fear that they would be saddled with the other…Read More

No one is immune from everyday pitfalls and mistakes that everyone is bound to make, but there are some avoidable ones I see over and over again. Applying for disability benefits before reading the disability insurance policy. I tell my clients that applying for disability benefits without reading your policy is like playing baseball where only one team has the rule book. Your disability policy governs your claim. It tell what it means to be disabled, how benefits are calculated, the deadline to provide proof of claim, limitations on benefits and much, much more! Wouldn’t it be devastating to make the difficult decision to leave your job, apply for benefits, and then find out your condition is limited or excluded…Read More