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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Pre-Existing Conditions
If a person makes a claim within a certain period after obtaining disability coverage (usually within the first year, but every policy is different and has its own language which governs pre-existing conditions) then the insurer will look to see if the person was treated for the same medical condition during a period called the “look-back period” immediately before obtaining the new coverage. A medical condition for which the person was treated may be excluded from coverage as a “pre-existing condition.” Generally, if the insured goes for a certain time without being treated for the condition, (often a year, sometimes
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Love and Disability
Love and Disability – It’s Not Easy Love and relationships are challenging enough as it is. Becoming disabled can create untold pressure on people. Losing one’s ability to work can impact identity. Many disabling medical conditions involve chronic daily pain, while some impact mobility. Many medications have side effects. Some disabling medical conditions and medications can impact cognition and memory. Reduced income can strain household budgets or go beyond straining budgets. All of these things can pressure relationships and impact state of mind. A denial of disability benefits can cause very strained times, not only for the disabled person, but
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Working With Disability
Is Working Allowed While My Appeal Is Considered? Working while applying for or receiving disability is a topic we are sometimes asked about. This question is best answered in layers. First and foremost, we get it. We know that it is difficult to go months with zero income. We understand that sometimes you have to do what you have to do to make ends meet and keep a roof over your head. On the other hand, often the effect on your case is not worth what you can make by pushing yourself to the limit. Most of our clients need
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If You Had One Wish…
You just found a magical genie lamp. Make a wish! If you could have anything you wanted, what would you wish for? Wealth? Love? Fame? We know the answer to this question for nearly all of our clients and people who contact us. If they had one wish, it would be for their health. Be thankful every day for what you have and for your health. Our clients not only have issues that cause them to be disabled, but then have their benefits that they paid in to, denied by the insurance company. It can be very challenging to fight
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Assume Big Brother is Watching
Things to know about insurance company surveillance From time to time, insurance companies may use the services of a private investigator to conduct surveillance on a claimant. While this isn’t something to live in fear of, it is something to recognize. Surveillance may result in subjective video that could cause your benefits to be denied or terminated. While you might reasonably assume that normal activities of daily living shouldn’t result in a denial, they can. For example, a very large box delivered at your front door that contains two ultra-light plush pillows just shows you carrying a very large box.
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