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Monthly Archives: December 2014

Why Does Your Insurance Company Often Terminate Benefits When the Definition of Disability Changes ?

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By Scott E. Davis, Disability Attorney

A dirty little secret in ERISA disability claims is that benefits are frequently terminated when the definition of disability in the policy changes.

We receive phone calls every week from confused individuals who tell us their benefits were terminated after several years of the insurance company paying the claim.  Individuals who are receiving disability benefits are often never aware that at some point (i.e. usually after 24 months and sometimes 12 months) in the overwhelming majority of ERISA disability policies, the reason for the termination of benefits is because the definition of disability changes to one that is much more difficult to meet. Continue reading

They Paid My Short-Term Disability Benefits – Why Was My Long-Term Disability Claim Denied?

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By Scott E. Davis, Disability Attorney

One issue that has developed over the last several years in disability insurance cases is the scenario where your insurance company approves your short term disability claim for a period of time (perhaps the maximum time frame, usually no more than 180 months) but then, turns around and denies your long term disability claim.

Rightly so, individuals do not understand how the same insurance company, reviewing essentially the same evidence, and using what is frequently the same definition of disability, can make such a contradictory finding? Continue reading

How to Prove That You Are Unable to Work and Entitled to Disability Benefits to Your Insurance Company

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By Scott E. Davis, Disability Attorney

The fundamental issue in every disability claim is whether you meet the definition of disability in the disability insurance company’s policy.  What do you need to prove in order to get benefits?

In literally all employer provided disability policies, which are governed by a broad complex Federal law known as ERISA, in some variation you must prove you are unable to work in the occupation you worked in when you initially became unable to work.   It is important to note this definition applies for a given period of time – usually the first 24 months of your disability. Continue reading