Transitioning from short-term disability to long-term disability The transition from short-term to long-term disability may flow seamlessly, but that is not always the case. Some disability insurance policies and companies require that you complete your short-term disability term before consideration of a long-term disability claim. Some companies and/or policies will transition automatically to long-term, while others require a separate application. Short Term disability is the initial stage when a claimant becomes unable to work. Regardless of whether you will be seeking long-term disability or only plan on being out of work temporarily, everyone who has both an STD and LTD
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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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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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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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WHAT HAPPENS TO THAT PAST-DUE SOCIAL SECURITY DISABILITY CHECK?
In Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, __ U.S. __, 136 S.Ct. 651 (2016), the United States Supreme Court recently held that ERISA does not permit an ERISA plan administrator to recover reimbursement in equity from a plan participant’s general assets and that strict equitable tracing requirements apply to equitable actions seeking reimbursement. This strongly suggests that disability insurers seeking recovery of social security disability overpayments cannot enforce such actions against a participant’s general assets and would encounter considerable difficulty enforcing equitable relief against the dissipated proceeds of a social security disability award. Legal
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