The Employee Benefits Security Administration of the U.S. Department of Labor has issued final regulations published in the Federal Register on December 19, 2016 (81 Fed. Reg. 92316) relating to disability benefit claims governed by ERISA.Proposed regulations were initially published for comment on November 18, 2015 at 80 Fed.Reg. 72014; and after considering over 100 […]
If a disability benefit claim is submitted without a specific diagnosis, does that prevent the claimant from qualifying for benefits? That was the question answered by Graham v. Life Insurance Company of North America, 2016 WL 6958151 (N.D. Ga., Nov. 28, 2016), which ruled the absence of a definitive diagnosis does not necessarily pose an […]
The determination of a claimant’s physical exertional capability is critical in cases involving occupational assessment. The U.S. Department of Labor has created specific categories, “sedentary,” “light,” “medium” and “heavy,” to define the physical requirements of various jobs; and the Social Security Administration utilizes the same terminology in its disability insurance program.
The importance of accurate vocational assessments in disability benefit claims cannot be overstated. A physician’s statement listing physical and mental limitations due to medical conditions are only part of the picture – the ultimate question is whether such limitations would affect someone’s ability to perform their regular occupation. That was the lesson taught in Sapp […]
If you or a loved one has fibromyalgia, you’re probably familiar with how often it is misunderstood and misdiagnosed. Unfortunately, this misunderstanding can often lead to inadequate treatment and denial of disability insurance claims. As medical understanding is improving, widespread discrediting of fibromyalgia symptoms may be waning. Those living with the syndrome in the meantime, […]