Long Term Disability Law Blog
ME/CFS: The Severely Disabling Condition Many Have Never Heard Of
Myalgic encephalomyelitis or chronic fatigue syndrome (ME/CFS), is a disease that can be severely debilitating and leave many patients bedridden for the remainder of their lives. While the Centers for Disease Control and Prevention has estimated that as many as 2.5 million Americans suffer from ME/CFS, there is relatively little public awareness of the disease […]
New ERISA Regulations: “Deemed Exhausted”
Unfortunately, the world doesn’t stop turning once you or your loved one becomes disabled. The bills keep coming, and great financial and emotional hardship follows quickly if there is no money available to pay them. Having your claim for disability benefits denied by the insurance company inevitably complicates things even further.
Most group long-term disability policies provide that, after the 24 months of LTD benefits are paid, the definition of disability (or total disability) changes from “own occupation” to “any occupation” (or other similar terms such as “any gainful occupation” or “any reasonable occupation).” This is, hands down, the point at which claimants are most likely […]
You may have noticed ERISA referenced in your denial letter or disability policy, but do you know what it means for your Long-Term Disability claim?
You are currently on claim receiving monthly long-term disability benefits and are either interested in, or have been offered, a lump sum buyout by the insurance company. But the question is: does a buyout make sense for you?
If You Are Continuously Under the Insurance Company’s Microscope, You May Need a Long-Term Disability Attorney
LTD insurance companies have been known to routinely subject their claimants to field investigations, surveillance, and “independent” examinations. Once you are awarded Social Security Disability (“SSD”) benefits, the Social Security Administration (“SSA”) does not regularly monitor your claim looking for ways to terminate benefits.
While every LTD insurance policy is different, the definition of disability will usually change from “own occupation” to “any occupation” after a certain number of months. This change occurs under most policies after 24 months of disability payments. The “any occupation” definition of disability varies from policy to policy, but it is going to be […]
Leveling the Playing Field When Facing an Uphill Battle, Why You Need a Long-Term Disability Lawyer
When going up against a major insurance company, you need to level the playing field. Many people assume they will be treated fairly by the insurance company because they are honest, forthright, and have nothing to hide. In bringing your claim to the insurance carrier, you may very well be acting in good faith and […]
Abell & Capitan Law was founded with one mission
To provide superior legal representation to individuals facing the wrong and unreasonable denial or termination of their long term disability insurance benefits or individual disability insurance claim. My law partner Erik Abell and I have represented disabled individuals for our entire legal careers. We bring a wealth of disability insurance know-how to the table. Abell […]