Can I Get Long-Term Disability Due to Coronavirus?
May 8, 2020 | Blog | ShareAs of April 12, 2020, there have been more than 20,800 confirmed cases of coronavirus in Illinois, with over 8,500 of those cases occurring in Chicago. Thankfully, in our state, only 3% of people diagnosed with COVID-19 have died from the disease or complications. However, many survivors continue to face ongoing health issues related to the disease. We’re learning more about the novel coronavirus every day. It’s becoming clear that the virus can damage many of our body’s organs, not just the lungs, and the effects may be permanent. This naturally leads to the question: Can I get long-term disability benefits for coronavirus complications? In this […]
Can Obesity Impact My Disability Insurance Claim?
May 5, 2020 | Blog | ShareOver the past decade, obesity rates have risen dramatically. Unfortunately, being overweight or obese can increase your risk for or worsen many other health conditions, including arthritis and heart disease. This has many disability insurance companies worried: how do they manage their costs as more and more claimants are filing obesity-related short-term and long-term disability claims? Obesity Is Increasingly Common and Can Lead to Disability According to the CDC (Centers for Disease Control), more than one-third of American adults have a BMI (body mass index) of at least 30, which classifies them as obese. Doctors calculate your BMI based on […]
How Does Short-Term Disability Insurance Work?
Apr 28, 2020 | Blog | ShareWhen you’re unable to work, due to an injury, illness, or chronic medical condition, you may be eligible for short-term disability benefits. Many people think that getting short-term disability is a simple process and are surprised when issues come up that lead to a denial or termination of benefits. If you’re considering applying for short-term disability, you need to be prepared. To give yourself the best chance at getting benefits without an appeal, you need to provide detailed information and substantial evidence. In this article, we’ll outline the essentials of a short-term disability claim. What Is Short-Term Disability Insurance? Short-term […]
What Does “Regular Occupation” Mean in an ERISA Plan?
Apr 16, 2020 | Blog | ShareMany 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 LTD plan’s precise definition, you might have to prove that you cannot perform your own occupation, your “regular” occupation, or any occupation. While it’s easy to understand the difference between “own” and “any,” it’s not always clear what the difference is between your “own occupation” […]
Why Does Federal Law Apply to My Disability Insurance Claim?
Apr 14, 2020 | Blog | ShareIf you’ve researched disability insurance claims, you’ve probably noticed that the process varies depending on whether federal or Illinois law applies to your case. For example, under Illinois law, you can request a jury trial in a short-term or long-term disability lawsuit. However, this is not an option in federal court. While you may prefer Illinois’ appeal process to the federal version, you can’t pick and choose your court. Instead, you’ll need to determine whether ERISA (Employee Retirement Income Security Act of 1974) applies to your case and preempts (overrides) our state’s laws. At Bryant Legal Group, we guide disabled […]
Is Someone Watching Me? LTD Claims and Surveillance
Apr 9, 2020 | Blog | ShareDuring a long-term disability (LTD) claim, it’s common to feel like you’re under intense scrutiny. The insurance company may ask you the same questions a dozen different ways. It may send you to a medical exam. The adjuster may even ask to visit you at home. However, the insurer may be going even further: you may also be under surveillance. Insurance company surveillance is intended to capture your daily activities, helping the adjuster make a determination about your physical limitations. However, surveillance not does not always fully and correctly reach this goal. In this article, the team at Bryant Law […]
Schizophrenia, Schizoaffective Disorder, and Disability Insurance: A Claimant’s Guide
Apr 7, 2020 | Blog | ShareLiving with schizophrenia and schizoaffective disorder is challenging. However, many people with these conditions can live independently, although they sometimes need support from loved ones and others. If you or a loved one can no longer work due to psychosis or schizophrenia, then the person affected may be eligible for short-term or long-term disability insurance benefits. In this article, our experienced disability insurance lawyers discuss common issues that people with schizophrenia or schizoaffective disorder face, both in their everyday life and during their LTD claims. What Is the Difference Between Schizophrenia and Schizoaffective Disorder? Schizophrenia and schizoaffective disorder are closely […]
How Long Do I Have to Wait for a Disability Insurance Decision?
Mar 31, 2020 | Blog | ShareAfter you apply for short-term or long-term disability benefits, the insurance company may take what seems like forever to make a decision. The company might repeatedly send you forms, ask for more information, or even go silent and stop communicating altogether. When you’re waiting for much-needed financial benefits, these delays can cause incredible frustration and anxiety. At Bryant Legal Group, we understand exactly how you feel. In this blog, we’ll talk about disability insurance claim deadlines and explain what you can do if your adjuster unreasonably delays paying your benefits. Different Deadlines Apply to Employer-Sponsored and Private Disability Insurance Many […]
What Does a “Full and Fair Review” Mean Under ERISA?
Mar 25, 2020 | Blog | ShareIn 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 your essential rights during a disability insurance appeal and discusses what you should do if violations occur. ERISA §503: Disability Claimants Must Receive a “Full and Fair Review” The Employee Retirement Income Security Act of 1974 (ERISA) guarantees all disability claimants a full and fair […]
Can I Get Disability Insurance for Coronavirus?
Mar 24, 2020 | Blog | Share In 2019, none of us worried about social distancing or flattening the curve of a global pandemic. Unfortunately, the novel coronavirus dramatically changed our lives in a matter of months. Many of us are still coming to terms with our new reality. In this article, our disability insurance lawyers at Bryant Legal Group discuss the coronavirus and explain when you can file a claim for either short-term or long-term disability benefits. What We Know About the Novel Coronavirus Information and guidance from healthcare professionals on how to respond to the COVID-19 pandemic is changing by the moment. Bryant Legal […]
