Contingent on Contingency A contingency fee agreement means that the attorney only gets paid if they obtain money for you. When it comes to ERISA disability law, signing a contract with a lawyer willing to work on a contingency basis has certain advantages. ERISA disability cases are governed by a federal statute that controls the amount of time parties have to respond to each step of the process. Obtaining and reviewing a claim file and ERISA plan documents takes time. Ordering and handling invoices for medical records, following up with doctors, compiling medical evidence, writing and sending an appeal,
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Duty to Provide Medical Evidence Doesn’t End on Approval
Some people believe that if they are awarded disability benefits from a private insurance company that their responsibility to continue to prove they cannot work is over. However, the duty to provide medical evidence doesn’t end on approval. The insurance company will want continued proof that you are unable to work. This requires updated medical records. Doctors’ opinions must also continue to support an inability to work. Forms must be completed occasionally to show continuing restrictions and limitations. To most people, when a doctor says you are totally and permanently disabled, that means, well, totally and permanently. Unfortunately,
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Appealing a Disability Claim
Appealing a Disability Claim Appealing a disability claim should not be just a matter of sending in a letter that says, “I appeal”. The disability insurance company may render a final denial based on the reasons set forth in the original denial letter. While you can find a list of reasons we have compiled as to why your claim may have been denied, it often comes down to the insurance company not believing you are disabled. This is often based on the opinions of physicians the insurance company relies on who have reviewed your file. While the appeal process requires that
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4th of July 2018
Happy 4th of July 2018! 4th of July 2018 falls on a Wednesday this year. While you kick back with friends, family, loved ones, or even by yourself, please be careful so there is not a need to open a new disability claim! The good news is that we’ll be open and ready to help the next day if you need us. Wishing everyone a Happy Independence Day from Cremeens Law Group PLLC. Remembering the birth of our nation and freedoms that we fought for and enjoy today.
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9 Reasons A Disability Claim May Have Been Denied & What To Do About It
9 Reasons a Disability Claim May Have Been Denied. There are many reasons a disability insurance company might deny your application for benefits. Here is a list of 9 reasons a disability claim may have been denied. This list is not fully inclusive, but includes some of the common reasons we see. If the insurance company has closed the door on your claim, review these reasons and see if they might apply to your situation. You didn’t submit an attending physician statement with your application The elimination period hasn’t been met Your medical isn’t up to date or hasn’t been
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International Women’s Day
Cremeens Law Group PLLC Celebrates International Women’s Day March 8 is International Women’s Day. We are celebrating International Women’s Day and acknowledging all the social, economic, cultural and political achievements of women. At Cremeens Law Group PLLC, our workforce is 60% driven by women, with our paralegal in her final year of law school and her sight set on joining the list of licensed lawyers for the state of Florida.
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Disability Cases Under the ERISA Statute
DISABILITY CASES UNDER THE ERISA STATUTE ERISA litigation can be challenging. You don’t get a jury – your case is generally heard by a federal judge. There is usually no live witness testimony – your case is generally heard on what is called a closed administrative record, meaning only the documents the administrator has upon making a final decision to deny your claim. Finally, there is a concept called standard of review, which means how the federal judge reviews that administrative record. There are two forms of standard of review: de novo review – “novo” is Latin for “new,” so
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Should I File For Disability
SHOULD I FILE FOR DISABILITY? I have a disability policy that I’m paying in to out of my paychecks every week at work. I don’t feel well and I think I would like to stop working and try to open a disability claim. Should I call an attorney to see if I qualify for disability? Do these apply to your situation? Are you considering applying for disability through a private insurance company, commonly associated with a federal statute called ERISA? Disability insurance attorneys can definitely help disabled people obtain disability benefits, and there are issues like pre-existing conditions (https://www.benefitsdenied.com/pre-existing-conditions)
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Social Security and Long Term Disability Catch-22
THAT’S SOME CATCH, THAT CATCH-22 Approved for social security, but denied on your long-term disability claim? Welcome to the catch-22. Catch-22 is the title of a novel written by Joseph Heller in 1961. It refers to a paradoxical rule which prevents any successful resolution. Insurance companies sometimes take this approach to social security disability when it comes to reviewing your eligibility for disability insurance benefits. If a disability insurance claimant is denied social security disability, a disability insurance company will often cite a social security denial in its denial of disability insurance benefits. On the other hand, if a disability
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Labor Day 2017
Labor Day 2017 will be on September 4, 2017. While the United States sits back, relaxes, and remembers the American labor movement and all working people, our office will also be remembering our clients. All of our clients used to work at one point, and all of them would still be working if they could. So cheers to all those who can still work, and to all of our clients who would still be working if they could. Enjoy the long weekend and Happy Labor Day to all! Contact Us should you need an attorney to work hard your disability
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