Reporting Changed Circumstances to the LTD Company: When Is It a Good Idea?
If you’re receiving long-term disability benefits, you may find yourself in a confusing situation. It’s not uncommon for disabled people’s conditions to improve (or ebb and flow). However, the disability insurance company may argue that you’re no longer eligible for monthly benefit payments based on your improved circumstances. What are you supposed to do? Disabled …
Who Pays My Attorney Fees Under ERISA?
When you’re unable to work due to a serious health condition or injury, hiring a lawyer may seem like an unwanted expense. However, federal disability insurance laws may allow you to try to collect some attorney fees from your disability insurance carrier to offset your bill for attorney fees if you meet specific criteria. In …
Are There Waiting Periods for Long-Term Disability?
When you’re unable to work due to an injury, illness, or chronic condition, the last thing you want to do is wait for disability insurance benefits. Unfortunately, many short-term and long-term disability policies contain “elimination periods” that must pass before you can receive compensation. What Is an Elimination Period? Under most disability insurance policies, you must wait …
What Do Own Occupation and Any Occupation Mean in Disability Claims?
When most of us think about “disability,” we define the term simply: you can’t work because of an illness, medical condition, or injury. However, when you apply for long-term disability insurance, you’ll discover that “disability” can mean many different things, depending on your policy. Unfortunately, many disabled individuals don’t realize that their policy’s language can have …
5 Things You Should Know Before You File a Mutual of Omaha Disability Claim
Mutual of Omaha is one of the country’s largest disability insurers, offering both short-term and long-term disability policies to employers and individuals. While Mutual of Omaha isn’t as notorious as UNUM or MetLife, the company still has a significant history of improperly denying disability claims. If you’re about to apply for benefits or file an …
ERISA Claims and Exhausting Administrative Remedies: What You Need to Know
Before you file an ERISA lawsuit, you must follow a very specific process, and a single mistake can have serious consequences. Unfortunately, many disabled people don’t fully understand how ERISA claims work. In this article, our experienced disability insurance lawyers outline the basics of an ERISA claim, how to “exhaust your administrative remedies,” and when you can …
What Does “Regular Occupation” Mean in an ERISA Plan?
Many people are surprised to discover that the definition of “disability” can vary drastically depending on the terms and conditions of their long-term disability (LTD) plan. Almost every Employee Retirement Income Security Act (ERISA) plan defines “disability” as a medically-documented inability to work. Unfortunately, it gets a lot more complex from there. Depending on your …
What Does a “Full and Fair Review” Mean Under ERISA?
In 2018, a new Department of Labor (DOL) rule went into effect, clarifying your right to a “full and fair review” under ERISA. While you may not have noticed the change, it dramatically impacted how companies and insurers must handle short-term and long-term disability claims. In this article, our team of disability insurance lawyers explains …
3 Things You Need to Know About Voluntary Benefit Plans
If your insurance company has denied your voluntary benefit claim, you’re probably getting a lot of conflicting advice. One person might tell you that you need to file an appeal with the insurance company, while another will insist that you should file a lawsuit in an Illinois court. Meanwhile, your employer will probably refuse to …
What Conditions Automatically Qualify You as Disabled?
If you’re living with a serious, chronic illness, it’s likely that someone has said, “You have that diagnosis?! You’ll definitely get disability benefits.” While you may appreciate your loved one’s confidence, you may question the accuracy of their statement. Disability insurance companies, like UNUM, Lincoln Financial, and The Hartford, are notorious for denying even legitimate claims for …