What role does your doctor play in helping you qualify for long-term disability benefits? There are several factors disability insurers consider when deciding whether to approve or deny disability benefits.
Disabled Employees Should Understand the Purpose Behind ERISA When Making a Claim for Long-Term Disability Coverage
ERISA is the federal statute that governs long-term disability claims brought by employees against employer-sponsored disability policies. ERISA stands for “Employee Retirement Income Security Act of 1974.”
Can an Employee Seeking Disability Coverage Provide Additional Evidence After the Insurer Denies the Claim?
What should a disabled employee do after their disability insurer denies their long-term disability claim? That issue was recently addressed by a federal appeals court that considered an insurer’s denial of an employee’s disability claim.
Disability Insurers Cannot “Sandbag” Disabled Employees With a “New” Reason for Claim Denials
What happens when a disability insurer denies a claim for one reason, then changes its reason during litigation?? That was the issue in a recent case considered by a federal appeals court.
Repealing attorneys’ fee law harms working-class Floridians
The Florida Legislature is considering a bill that would repeal a state law that requires insurers to pay plaintiff's attorneys fees if they are successfully sued.
What Happens When an Insurer Denies a Long-Term Disability Claim?
What happens when an insurer denies a long-term disability claim? The answer depends on whether the employee has a disability policy governed by ERISA or not.
Does Your Disability Insurer Have a History of Biased Claim Reviews?
Does your disability insurer have a history of bias when it reviews claims? If it does have a history of bias, is that something courts take into consideration when determining whether a disabled employee is entitled to disability coverage?
Injured Employee’s Functional Capacity Evaluation Helps Employee Win Long-Term Disability Benefits in Court
A Functional Capacity Evaluation (“FCE”) evaluates an individual’s capacity to perform work-related activities.
Can an Employee’s Complaints of Pain Lead to Coverage Under a Long-Term Disability Plan?
When an employee submits a claim for long-term disability benefits, one of the primary factors a disability insurer considers is what the employee’s doctors conclude about the employee’s condition as reflected in the medical records.
CNA Insurance Ordered to Pay Disability Benefits to VP Injured in Motor Vehicle Accident
A federal judge in Vermont recently awarded a vice president of an investment firm benefits under his long-term disability plan. In 1999, the insured was employed by Bear Stearns when he was injured in a motor vehicle collision.