Archives for Uncategorized

Flag Day is June 14 in the United States.  While this holiday isn’t necessarily celebrated as jubilantly as others, it still marks a historical day in our history when the flag was adopted by the Second Continental Congress, uniting the colonies under a single flag.   If you are displaying a US flag in recognition of flag day, here are a few helpful reminders: Do not let the flag touch the ground The flag should be illuminated while on display at night If hanging the flag vertically, the union (blue section with stars) should be at the top left The
Read More

What is the difference between social security disability (SSD) and long-term disability (LTD)?  Social security disability is a government program that is paid in to with your work credits.  You know when you get a paycheck and see what has been taken out?  The part that says FICA is paying in to social security for either your retirement or if you become disabled and cannot work.  The amount you qualify for is based on your amount of earnings and hours worked.  ERISA long-term disability insurance is financed premiums and usually pays a percentage of your income.   Do I need
Read More

What’s the number one thing to know about your disability policy?  What should you do if you are denied?  How can you have any idea whether a denial was justified or not?  You should start by looking at your policy, sometimes referred to as plan documents.   What are plan documents? Remember that day when you elected what benefits you wanted to sign up for?  Remember when you elected to obtain disability insurance?  Did you receive a packet of paperwork about your policy?  Perhaps you threw it away or filed it away in a dark region of a filing cabinet
Read More

Memorial Day is a nationally recognized holiday in the United States.  But what is Memorial Day?  A lot of people enjoy 3-day weekends, backyard barbeques, shopping sales and discounts, but do they understand what the day is actually all about?  If you answered that it is a day of appreciation for those who served in the military, that’s not quite it.  If you think Memorial Day is about veterans, you’re thinking of Veteran’s Day, which honors veterans and all of those who serve or served.  Memorial Day is a special holiday to honor and remember those who made the ultimate
Read More

Mediation is a required step in the ERISA process, but what is it exactly? Mediation is somewhat similar to arbitration that you hear about in many services that you sign up for on a regular basis. The key difference is that at a mediation, a mediator speaks to both sides and helps them try to understand each other’s point of view or come to an amicable resolution, whereas an arbitrator will hear both sides and make a ruling. For the purposes of this article, we will explain mediation from the standpoint of how it works with regards to our practice
Read More

When you suffer from a disability, it’s reasonable to assume there will be bad days and some days that are a little better, if not even considered good.  However, it seems that the disability insurance companies, private investigators who are conducting surveillance on you, some members of the general public, and perhaps even friends and family will forget that the good or better days don’t make up for the bad days, which far outnumber the good days.   The good days can still be bad So how does a good day turn in to a bad day?  A good day
Read More

Client from South Pasadena, Florida came to us suffering from fatigue, dizziness, cognition issues, cardiac issues, thyroid issues, seizures, HTN, diabetes, and gout. Lincoln Insurance Company determined the client was not disabled from any occupation and could perform another job after having one of their physicians review the file and medical records from client’s treating physicians. Lincoln used a broad scope of other occupations they stated the client could perform, with pay ranging from approximately six thousand dollars ($6,000) per month to fifteen thousand dollars ($15,000) per month. Disturbingly, Lincoln suggested job titles such as Vice President of a corporation
Read More

Disability insurance companies are not the ultimate authority on whether or not a claimant is entitled to received benefits.  Some people may feel like they do not have a valid claim for disability benefits simply because the insurance company denied their original application or their appeal.   The insurance company is not the final authority on your right to benefits It’s a fact that the insurance company does get to decide whether or not to pay your initial benefits.  They also have the decision during any appeals whether or not you will get paid.  However, this is known as the
Read More

There are many law firms that offer representation based on a contingency agreement.  But what does this mean?  What is a contingency fee agreement and how does that work? What is a contingency fee agreement? A contingency fee agreement means that the fee you would pay to the attorney for their services is contingent upon something, usually some type of success.  With our firm, you will not pay a fee and we will not collect costs unless we get you money, whether that be a approval of benefits, a settlement, or winning your case in a lawsuit. How does a
Read More

Approval of your LTD benefits usually comes with a clause that states “as long as you continue to meet the policy definitions of disability.”  But what does that mean?   What are policy definitions of disability? The policy definitions of disability are exactly what they sound like: what your specific policy defines as being disabled, the medical conditions for which the insurance company will pay, and how long the insurance company will pay for disability caused by those conditions.  Most disability insurance policies specify how long they pay for disability from own occupation (generally two years, sometimes shorter) versus disability
Read More