While the COVID-19 pandemic continues to impact everyone (and, by extension, long term disability insurance companies), disability claimants may be wondering what to expect in 2021. Will telehealth appointments instead of in-person ones be enough to keep you on claim? Will the trend of an increase in insurance carrier denials continue? What should claimants do now to preserve their rights? Below, two of Dell & Schaefer’s experienced long term disability insurance attorneys discuss what to expect from disability insurance carriers in 2021 and beyond.
Continue Reading What Can Claimants Expect from Disability Insurance Companies in 2021?
Disability Insurance Industry News
How COVID-19 Can Impact a Disability Insurance Claim
Although the COVID-19 pandemic has existed for less than a year, it’s already started to change the way long term disability claims are being handled (and denied). Some people with pre-existing conditions that aren’t enough for a disability claim on their own could find themselves facing a tough choice: quit your job or expose yourself to COVID? Before taking any decisive action, it’s important to know your rights. What should claimants know about navigating the long term disability claim process in the age of COVID?
Continue Reading How COVID-19 Can Impact a Disability Insurance Claim
This Week on DIAttorney.com: (08/14/2020)
Research
An insured whose dependent children receive Social Security Survivor Benefits is fighting with Cigna over a potential application of an offset related to the dependent benefits.
Is Cigna Seeking To Offset Disability Benefit by Social Security Survivor Benefit?
Q&A – Applying for Benefits
What does it take to get approved for disability insurance benefits?…
This Week on DIAttorney.com: (08/07/2020)
Research
Disabled Healthcare Coordinator that was denied LTD benefits under the Own Occupation disability provision by CIGNA is on claim after Dell & Schaefer Appeal.
CIGNA Overturned Their Denial of LTD Benefits for Nevada Healthcare Coordinator
Q&A – General Questions
Disability insurance attorneys answer the question, “Do I qualify for disability insurance benefits?”
How Do…
This Week on DIAttorney.com: (07/31/2020)
Research
Michigan Court reverses Reliance’s termination decision and finds Plaintiff proved by a preponderance of the evidence that he is totally disabled from working at any occupation due to cognitive disorders.
Is Plaintiff Entitled to LTD Benefits When Unable to Work in Any Occupation?
Q&A – Disability Companies
In this video and article, Attorneys Gregory…
What Are the Remedies in an ERISA Long-Term Disability Lawsuit?
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?
This Week on DIAttorney.com (02/07/2020)
FAQ: Appeals & Lawsuits
This case can be instructive to those who are impatient with their insurance company that seems to be taking too long to decide on their administrative appeal.
What Happens if I Sue Dearborn Before They Decide on My Long Term Disability Benefit Appeal?
Disability Insurance News:
This case can be instructive…
This Week on DIAttorney.com (01/31/2020)
Disability Insurance News:
Many employer welfare benefit plans offer employees who quit their employment the option of converting their disability insurance plan to a private plan. When a claim for disability benefits is filed, there may be a dispute over whether the conversion plan is governed by ERISA.
If I Convert my Former Employee Disability…
Can I collect disability insurance benefits if my professional license is suspended?
Disability insurance attorneys Gregory Dell & Cesar Gavidia discuss “factual disability” versus “legal disability” for occupations that require a license to practice such as lawyers, chiropractors, financial planners, or doctors.
Reliance Ordered to Pay Back LTD Benefits to 2013, Using $66,830 Salary, Plus $58,740.00 in Legal Fees
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