Many disability insurance claimants mistakenly believe that the provisions of the Affordable Care Act (ACA or Obamacare), which prohibits insurance companies from excluding coverage based on pre-existing conditions, is applicable to disability insurance. […]
One of the unique aspects of litigation under the Employee Retirement Income Security Act is that most courts limit the scope of their review to the claim record compiled during the course of the claim and prelitigation appeals and will not address new evidence that was not previously considered. […]
If you suffer from brain fog, difficulty concentrating, or memory problems, and your symptoms interfere with your ability to work, you may benefit from a neuropsychological evaluation. […]
There are three occasions when someone would consider hiring a lawyer for a disability insurance claim: Before filing a claim, after a claim has been denied, and prior to filing a lawsuit. […]
To receive disability insurance benefits from an insurance company, it’s not enough to have a disabling diagnosis. Rather, insurance companies reviewing disability benefit claims require evidence (such as medical records, letters from doctors, and test results) to determine the validity and severity of the disabling condition […]
An essential part of filing your disability insurance claim is the “attending physician statement” or “APS.” The APS is a form designed by the insurance company that your doctor needs to complete in order for you to receive benefits […]
A recent Law360 guest article argued that discretionary clauses in employee benefit plans governed by the Employee Retirement Income Security Act serve a valuable function, and that if efforts to prohibit their inclusion are successful, the statute would be undermined […]
If your plan is to file for disability benefits through your employer, there are a number of steps you must take to make sure that you provide your disability insurer with proof sufficient to demonstrate your inability to work. One of those steps is to obtain […]
Most people’s income and future earnings potential is their most valuable asset. Disability insurance protects your income if you become disabled and can no longer work. Even if you are perfectly healthy today, you never know […]
Dealing with a long-term illness or sudden disability while appealing a denial of disability benefits can be incredibly stressful. That is why it is important to include all relevant information in the appeal in order to have the best chance […]
Personal injury lawyers are frequently faced with lien claims against their clients’ recoveries brought by health insurers, union welfare funds, and other health benefit plans. Those plans fall within ERISA’s scope as “welfare plans” which are defined […]
What is an accident? When it comes to accidental death insurance, that question is often difficult to answer. However, the U.S. Court of Appeals for the Ninth Circuit offered its thoughts on the question in Wolf v. Life Insurance Co. of North America […]