Your cardiologist who has treated you for years says you cannot work. The insurance company hires a doctor who spends limited time reviewing your file. This reviewer never examines you yet overrides your doctor. As a result, your disability benefit claim is denied. This happens thousands of times daily across the country, leaving disabled individuals without the benefits they paid for and desperately need. […]
Marie E. Casciari of DeBofsky Law will present as a panelist at the American Bar Association’s Section of Labor and Employment Law, Employee Benefits Committee, Midwinter Meeting in Austin, Texas.
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If your disability claim was denied because the insurer labeled you as a generic “lawyer” instead of a trial attorney or called you a “physician” when you are a surgeon, your occupation may have been misclassified and can lead to an unjustified benefit denial. […]
Group disability insurance offers financial protection by providing income replacement in the event of an individual’s inability to work due to illness or injury. […]
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 […]
When Matt Maloney tells the story of the woman who lost complete use of her arm, his voice still carries the same disbelief he felt nearly a decade ago as a young law clerk. The insurer’s response to her disability claim was as cold as it was absurd: she could still work. Just use her other arm. […]
Long COVID is not going away, and for more than a million Americans who still cannot work because of it, neither is the struggle to get the disability benefits they are owed. These are people with real symptoms, real limitations, and very real financial pressure, yet insurers continue to deny claims, pointing to a so-called […]
Disability insurers often deny claims as “insufficient,” especially when it comes to claims based on pain, fatigue, cognitive impairment, or mental health conditions. […]
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. […]
A term that became popular several years ago among sponsors of ERISA [1] -governed defined benefit plans is “de-risking,” although the issue is now more commonly described as pension risk transference (PRT). […]
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 […]
As a professional, executive, or business owner, you have likely invested years and tremendous effort in building your career. Yet when a serious illness or injury forces you to stop working and you need to file a claim for disability benefits, you may discover that your insurer is far less cooperative than you anticipated. Whether […]