Disability Insurance Industry News

When you need to file an ERISA disability lawsuit because of a disability, you have two avenues you can take: Settlement or litigation. The two important things to know before you make that decision are that you usually get less if you settle, and litigation could take several years if you or the insurance company decides to appeal. If you have excellent medical documentation that shows you have an LTD – a long-term disability – you could benefit from an ERISA lawsuit instead of a settlement. With an ERISA lawsuit, you do not get a jury trial – a judge makes the decision. Thus, if your evidence of a long-term disability is irrefutable, the lawsuit might not take as long. A disability attorney at DiAttorney.com (Dell & Schaefer) can help you decide the best course of action for your situation.

Settling an ERISA Case

The quickest way to get benefits for an ERISA case is to settle. However, you will get less than if you file a lawsuit. The pros of this are that it takes a few months instead of a few years, and you know for certain how much you will get. Additionally, once you and the insurance company signs a settlement, the insurance company cannot take it back. This is important to know because some people may want to try to work. However, if you work, even in a different profession that pays much less than the profession you can no longer work in, the insurance company could deny your claim. Once both parties sign a settlement and you get your check, it is set in stone and the insurance company can’t change its mind, even if you do go back to work.


Continue Reading What Are the Remedies in an ERISA Long-Term Disability Lawsuit?

Disability insurance attorneys Dell & Schaefer discuss the pre-disability occupation duties of the claimant and their impact when seeking LTD benefits.

GREG DELL: Hi, I’m Greg Dell here with attorney Stephen Jessup. And we handle thousands of long-term disability applications for disability claimants across the country. And in this video, I want to concentrate on the importance of clarifying what the occupation is of the claimant, and also how this classification of inability to perform the duties of your occupation, what that really means.


Continue Reading What Every Disability Insurance Policy Holders Should Expect When Defining their Occupation

What Should I Know About a Disability Insurance Medical Exam (IME)?

As part of an ongoing disability insurance claim, it’s common for an individual holding the policy to submit to a “disability insurance medical exam.” Typically referred to by its acronym, IME, it’s basically an independent examination by a physician who is hand-picked by the insurance company or its third-party vendor. Many choose to call it a “compulsory medical exam” because policyholders attempting to claim disability benefits frequently have no choice but to attend this examination.

In many instances, the entire policy could be voided and the claim denied if the disabled claimant fails to appear and undergo evaluation. Since this is a crucial part of receiving the disability benefits you’ve paid for with the policy, it’s absolutely vital to know what to expect and how to conduct yourself within this somewhat stressful scenario. Disability attorneys Greg Dell and Cesar Gavidia share some important tips and advice on how to protect yourself while making the most of this pivotal part of the process.

Continue Reading Tips and Preparation for a Disability Insurance Medical Exam (IME)

In the case of Cheryl L. Wallace v. Reliance Standard Life Insurance Co., the U.S. District Court for the Eastern District of Michigan, Southern Division, previously held that “the administrative record undisputedly reflects that Plaintiff is totally disabled and entitled to LTD benefits under Reliance’s plan.” In the earlier case, the Court also ordered Reliance to pay Plaintiff’s legal fees and also ordered for the parties to meet and try to settle the case between them.

Continue Reading Reliance Ordered to Pay Back LTD Benefits to 2013, Using $66,830 Salary, Plus $58,740.00 in Legal Fees

Until someone faces cancer themselves or has a close loved one who goes through it, many people have the mistaken belief that life returns to normal once they beat cancer and are told there is no evidence of the disease after treatment. However, this is unfortunately not the case for the vast majority of warriors who have fought and won their fight with cancer. In this video, disability insurance attorneys Gregory Dell and Rachel Alters discuss the challenges insurance companies impose on disability insurance policy holders.

Continue Reading Fighting For Cancer Survivors Who Are Still Disabled

Has your disability insurance company recently asked you to complete a neuro-psych evaluation to maintain your disability insurance? The neuro-psych evaluation can declare that you have cognitive limitations and often aims to prove that you are exaggerating your medical condition to receive disability benefits. The evaluation includes a questionnaire and a verbal interview segment.

Continue Reading What To Know About Neuro-Psych Evaluations

The Plaintiff in Ricky D. Hayes v. Dearborn National Life Insurance Company worked for F.A. Richards & Associates Incorporated as an adjuster for approximately 11 years when he became unable to perform the duties of his own occupation. He was awarded long-term disability benefits based on his diagnoses of depression, anxiety, and a sleep disorder.

Dearborn informed Plaintiff on several occasions, in writing, that since his disabling conditions were mental disorders, he was only eligible for 24 months of benefits. They gave him the opportunity to present evidence of a physical disability.

Continue Reading Court Upholds Dearborn’s Denial of Long-Term Disability Benefits