Why Do Disability Claims Get Denied?
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 […]
The Role of Expert Testimony in Strengthening Disability Appeals
If your disability insurance claim has been denied, additional reports from your treating doctor may not be enough to overturn the denial, and you may need to retain the services of one or more outside experts. The nature and quality of expert input may determine whether you win or lose your claim. Understanding how to strategically use expert evidence is crucial for building a persuasive record that stands up in court. […]
We Don’t Just Follow the Law. We Make It.
If you have had a disability or life insurance claim denied, you likely heard some version of this: “We have reviewed the file, and we have determined you are not entitled to benefits.” No matter how many medical records you have submitted or how legitimate your condition is, the denial can feel like a dead […]
Should You Settle or Sue? Evaluating Your Best Path in Disability and ERISA Disputes
If your disability insurer has denied your appeal of their termination of benefits and you have exhausted your appeals under your disability policy, then you are entitled to file suit in federal court pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”). [..]
How a Functional Capacity Evaluation Can Help Prove Your Disability
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 […]
Plan Administrators’ Impact on ERISA Disability Claims
If your disability benefit claim is made under a plan sponsored by your employer, it is typically governed by the federal ERISA (Employee Retirement Income Security Act) law. In ERISA parlance, a “plan administrator” is the party that adjudicates benefit claims. For disability benefits, the plan administrator is typically the insurance company that issued the […]