When filing a long-term disability (LTD) claim, success often depends on strong medical evidence. Among the most critical forms of proof is medical opinion evidence, which includes expert assessments from healthcare providers about your condition and limitations. […]
Courts face a challenging task when deciding disability benefit cases. That task is even harder with disability benefit cases brought under the ERISA law (Employee Retirement Income Security Act — 29 U.S.C. Sec. 1001, et seq.) where trials are rare. […]
There are many reasons a disability claim may be denied, and no two cases are identical. However, the following are some common reasons that disability claims are denied, based on our experience […]
During its most recent term, the U.S. Supreme Court overturned a 40-year-old precedent that guided courts in addressing administrative agency interpretations of the laws they regulate. In Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc.,[1] the Supreme Court ruled in 1984 […]
When an employee experiences a medical condition that requires time away from work, short-term disability (STD) insurance can provide critical financial support. […]
Most disability insurance policies distinguish between disabilities that are due to medical conditions and those that result from behavioral health disorders. For the latter category, benefit payments are typically limited to a maximum of 24 months, while payments for disabilities resulting from medical conditions can continue until the claimant reaches Social Security retirement age. […]
When someone files a disability insurance claim, his or her ability to continue working is the crux of the matter. Disability insurance provides financial support when illness or injury prevents someone from performing his or her job. […]
Insomnia can be more than just an occasional sleepless night—it can become a debilitating condition that interferes with your ability to work and live fully. When insomnia prevents you from performing your job, qualifying for disability benefits might seem like a solution, but the process can be challenging. […]
Unlike individual life insurance, which requires rigorous underwriting to assess risk, group life insurance from employers does not require underwriting. Employers offering group life insurance allow new employees to enroll immediately without providing evidence of insurability (EOI). The reasoning is that a new employee is likely to be healthy, and the risk of adverse selection is low. […]
There have been several important recent developments in how courts are assessing health benefit claims brought under the Employee Retirement Income Security Act. In Dwyer v. United Healthcare Insurance Co.,[1] a case involving a claim for residential behavior health treatment for an eating disorder, the U.S. Court of Appeals for the Fifth Circuit on Sept. […]
While it is not completely impossible to simultaneously seek disability insurance benefits while also alleging disability discrimination, doing so is fraught with peril for the reasons discussed below. […]
Mental health disability claims are denied far more frequently than physical disability claims, creating serious challenges for individuals seeking benefits. In a recent interview on Main & Wall, disability benefits attorney Mark DeBofsky shared his thoughts on why this disparity exists and what can be done about it. Drawing from his expertise, including his appointment by Illinois […]