If you suffer from a medical condition that results in physical restrictions and limitations, a functional capacity evaluation () can measure your physical functional ability concerning your specific job duties and essential work functions. The evaluation should demonstrate the combined effect of all your symptoms […]
Being on disability does not require one to be homebound or bedbound twenty-four hours a day. Nor does being on disability require a complete inability to perform activities beyond basic activities of daily living. Both private disability insurance and Social Security disability tolerate some activity, and the test to receive benefits […]
Our Founding Partner, Mark Debofsky, had the honor recently to be guest on Marc Siegel’s Consult the Negotiator Podcast […]
Courts adjudicating ERISA cases have borrowed a standard of judicial review from administrative law known as the arbitrary and capricious standard. Even though the ERISA law is derived mostly from trust law where a trustee’s actions are reviewed for an abuse of discretion, federal courts have substituted the […]
If you have been receiving long-term disability (LTD) benefits for a while, and/or your medical condition is chronic and unlikely to improve, it is not uncommon to receive a letter from your LTD plan offering a lump sum settlement of your disability claim. Sometimes called a “policy buy-out,” these offers represent a calculated […]
If you are ill or have been injured and can no longer work, disability insurance benefits can protect you and your family from financial hardship by insuring a portion of your income when you are unable to work. The disability benefits process can be complicated, though, so you may want to consult with an attorney […]