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February 2018 Archives

The Importance of Medical Records in LTD Insurance Claims

When a person is unable to work due to a disabling injury or medical condition, obtaining benefits under an individual disability income insurance (IDI) policy or a group long-term disability (LTD) insurance policy is of a major concern for financial stability. The claims process is often foreign for disabled claimants. Filling out the forms and continuing to receive medical tests and treatment often seem like the only steps a person needs to take to obtain LTD benefits for a valid claim.

Beware of social media when applying for disability insurance benefits

A recent article published by Bloomberg Law offers a stark warning to disability insurance claimants who use social media.  The article by Jacklyn Wille entitled "Facebook Has a New Friend: Disability Insurers" (https://www.bna.com/facebook-new-friend-n73014475033/) discusses insurers' use of social media to investigate disability insurance claimants.  And it is becoming more common that social media posts are cited as the basis for denying disability insurance payments. 

The Importance of ERISA Claim Appeals in Disability Benefit Claims

Qualifying for disability benefits often requires claimants to face many hurdles. An initial claim denial is not the end of the road, though. If you have group coverage, it is likely governed by ERISA, the Employee Retirement Income Security Act. One of the benefits of ERISA is that if a claim is denied, the claimant is statutorily entitled to a full and fair review of the denial. Taking advantage of that right and appealing the benefit denial is not only of critical importance in ultimately achieving success; it is a necessary precursor to filing a lawsuit to challenge the denial of benefits. And if done right, the claim will often be approved without the need for litigation. But even if the appeal is not immediately successful, it will set the stage for a successful benefit recovery in court. 

DeBofsky, Sherman & Casciari, PC