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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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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