Sometimes our clients who are physicians diagnose and self-treat their conditions and ask us whether they can establish their disability claim based on their own assessment. It stands to reason that an insurance company asked to pay benefits will not rely solely on the word of the claimant. In fact,…
We commonly work with clients who, aside from suffering from the physical impacts of cancer, are unable to re-engage in their occupation due to long lasting cognitive effects of chemotherapy and other medication treatment. We are particularly keen on helping women who have endured the impacts of breast cancer, but…
The need to go out on disability leave is based on one’s inability to perform the duties of their occupation, not on the choice to step away from working. If you obtained disability coverage through your employer, the need to stop working due to a sickness or injury must occur…
Insurance policies often have different terms of coverage for disabilities caused by “accidental injuries” and “sickness” so it is important that your claim is correctly classified. A recent case by an endodontist disabled by advanced degenerative arthritis in her hands illustrates the tactics used by insurers to limit coverage. Chapman v.…
We are often asked by our disabled clients if they must stop all cease or limit their daily activities in order to prove they are unable to work in their occupation. The answer is no. Insurers do poke around, asking claimants on “Activities of Daily Living” forms questions such as…
Recently our firm has seen a significant upsurge in disability insurance companies including Hartford, Cigna, Aetna and Unum suddenly denying long term disability claims that have been paid for many years. It is the burden of the disabled claimant to remain under medical care for their disabling condition and to…
The Department of Labor Employee Benefit Security Administration just established by Federal Regulation an extension of certain timeframes under ERISA for group health plans, disability and other welfare plans during the COVID-19 National Emergency. On March 13, 2020, the government declared a National Emergency Concerning COVID-19 in effect as of…
Many individuals with chronic permanent medical conditions reach a level of treatment that is palliative, that will not improve their symptoms or effect their prognosis. Continuing to visit a medical provider to monitor your condition that does not provide any medical benefit may seem pointless, and can use up valuable…
An action taken by the U.S. Department of Labor to protect the disabled fortunately passed on December 19, 2016, on the eve of the Obama’s departure and will go into effect January 1, 2018. Claimants counsel breathed a sigh of relief when the amendments to the Employee Retirement Income Security…
Multiple sclerosis is a serious and unpredictable medical condition which effects the central nervous system (brain and spinal cord). Most people are diagnosed between the ages of 20 and 50. Worldwide, more than 2.3 million people are affected by MS and every week approximately 200 people are diagnosed. Over 400,000…