Disability Insurance: Insurers May Conduct Surveillance
Nov 30, 2018 | Blog | ShareIf you’ve submitted a claim for disability benefits with your insurance company or are interested in challenging the initial denial of benefits – whether such benefits are available through an individual plan or a group plan – then there’s a chance that your insurer will conduct surveillance on your activities. Surveillance evidence (photos, video, text, audio, etc.) can be used to call into question the severity of your disability and could damage your ability to secure the benefits you’re rightfully owed. Insurers May Conduct Surveillance In the past, insurers would sometimes hire investigators to perform initial surveillance of disability claimants. […]
The Tax Consequences of Long-Term Disability Benefits
Nov 6, 2018 | Blog | ShareWhether you’re interested in submitting a claim for long-term disability benefits, are currently involved in a long-term disability insurance dispute, or have already secured benefits, chances are that you’ve at least considered the tax consequences of such benefits. In the private disability insurance context, plans can vary quite a bit, and as such, the tax consequences of receiving benefits can rather different from plan-to-plan. Let’s take a brief look at the basics. Basics of Long-Term Disability Income Taxation When you sign up for long-term disability coverage — whether your plan is provided through your employer or was purchased individually — […]
Notifying the Insurer of a Change in Circumstances
Nov 6, 2018 | Blog | ShareIn Illinois — and elsewhere — private disability insurance beneficiaries may find themselves in a somewhat confusing situation as they make significant progress over the course of their rehabilitation and recovery process. The source of this confusion is in the push-pull relationship between two fundamental issues in the disability context. Disability benefits recipients are entitled to benefits only if their condition is suitably disabling such that they are incapable of working, but they also have a duty to mitigate their losses. In other words: those who receive disability benefits must strive to recover from their disabling condition. They must consistently work […]
What Does it Mean to Exhaust Your ERISA Administrative Remedies?
Oct 31, 2018 | Blog | ShareGroup disability insurance policies often come under the umbrella of the federal Employee Retirement Income Security Act (ERISA), which establishes a separate regulatory scheme for such benefits plans. Policyholders in ERISA-governed disability plans are subject to a number of unique limitations and entitlements that can seem confusing to those who do not have prior experience handling claims and disputes in the group insurance context. ERISA-Governed Plans and the Administrative Exhaustion Principle If your plan is governed by ERISA — in other words, if your disability insurance plan is employer-sponsored and your employer is neither a public entity nor a qualified […]
Common Reasons for Denial of Short-Term Disability Benefits
Oct 31, 2018 | Blog | ShareIn the short-term disability insurance context, it’s rather common for disability claimants to feel as though their insurer is mishandling their claim — and this belief is certainly not formed without good reason. Insurers are fundamentally incentivized to deny, delay, and otherwise mishandle short-term disability claims so that they don’t have to payout the benefits that you are rightfully owed. Short-term disability claimants, generally speaking, are less likely to push forward and attempt to secure benefits when the insurer has denied a claim, as the claimant is likely attempting to recover as soon as possible from their condition and return […]
Whether you are suffering from a mental health condition that has rendered you incapable of performing the duties of your occupation (or, perhaps, that has even prevented you from securing gainful alternative employment in another occupation), or are suffering from a disabling physical condition that also has had a significant impact on your overall mental health, there’s a good chance that you’ll be faced with some conflict when engaging your disability insurance carrier. Long-term disability insurers are often incentivized to redefine your disabling condition as a mental health problem so as to minimize their liabilities — some insurance policies include […]
Own Occupation vs. Any Occupation Definitions of Disability
Oct 26, 2018 | Blog | ShareIn the private disability insurance context, disability benefits (and the definitions necessary for qualification) can vary quite substantially from policy-to-policy. Whether the definition of disability is broad or narrow is itself typically an indication of the “premium” nature of the plan. If you have purchased expensive disability insurance coverage, then chances are that it includes a looser definition of disability so that it is easier to qualify for such benefits. Variable Definitions From Plan-to-Plan Generally speaking, there are two definition categories of “disability” for private disability insurance policies: 1) own-occupation, and 2) any-occupation. Own-occupation policies have a narrower definition of […]
Residual Benefits in Private Disability Policies
Oct 26, 2018 | Blog | ShareIf you are suffering from an injury, illness, or other condition that has rendered you incapable of performing the duties of your occupation — even if only partially — then you may be entitled to significant benefits under your private disability insurance policy. Depending on the particularities of your insurance plan, residual or partial benefits may be available. Let’s take a look at how residual benefits work. Recovering Benefits Without a Total Disability Some disability insurance policies include a partial (residual) disability benefits rider, which allows for the recovery of a percentage of your total benefits amount, depending on the […]
Jennifer Danish Honored as 2018 40 Attorneys Under Forty
Oct 4, 2018 | News | ShareThe Chicago Law Bulletin Publishing Company selected Jennifer Danish as one of the 40 Under Forty Attorneys to Watch out of more than 1,500 nominations for attorneys throughout Illinois. Lawyers nominating her cite her hard work and: “What distinguishes Jennifer is her passion and genuine desire to help our clients through the difficult maze of federal and private disability claims.” Digital copy of the publication is available: http://digital.olivesoftware.com/Olive/ODN/LBSpecialSections/
Common Insurer Justifications for the Denial of Private Disability Benefits
Oct 4, 2018 | Blog | ShareIf you are suffering from a disability and have had your benefits claim denied by your private disability insurer, then you may be entitled to bring an action against your insurer — whether your insurance coverage was purchased individually or provided as part of an employer-sponsored plan. Insurers are often quite aggressive in denying private disability benefits. In many cases, the insurer understands that if they deny a “difficult” or “ambiguous” benefits claim for which they can provide a reasonable justification, a number of claimants will simply refrain from any further attempts to secure their rightful benefits. This strategy saves […]