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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

RLW from Phoenix, AZ

I wish to thank Scott Davis and his Staff for all they did to prepare my Social Security Disability case. I knew I was in for a long two-year battle, but felt confident and comfortable even after the first meeting with Mr. Davis.

Just observing the professionalism and organization done to obtain all the medical records and necessary physician documentation, I knew there was light at the end of my tunnel. The staff was so sympathetic and empathetic towards my physical pain and suffering, that it was much easier for me to know there would be a positive outcome to this case.

I have never been in a courtroom before, but Mr. Davis walked me through each step that would take place, told me just about every question that would be asked, and really eased my fear of meeting a judge.

Again, I thank you all, and feel very comfortable in passing your name and number to anyone seeking legal consults for any type of disability condition.


TT from Las Vegas, NV

I have a very serious and permanent back injury and suffer from never ending extreme back pain that prevents me from ever working again. I did exhaustive homework and research of the Las Vegas area Social Security disability attorney market for a specialized Social Security disability attorney I believed would best represent me and my disability issues.

After several weeks of internet research, followed by many, many office telephone calls and then in-person attorney interviews, I selected attorney Scott Davis to represent me in my Social Security Disability claim. Mr. Davis was far and away the most professional, knowledgeable and capable of all the attorneys…and I talked to all of the attorneys that specialized in SSA Disability claims in the Las Vegas area.

In addition, I discovered that Mr. Davis has established a great professional working relationship with the SSA Disability Judges and further, he has a very professional, friendly and knowledgeable staff and they and Mr. Davis walked me through the entire disability process. I would highly recommend Mr. Davis for your SSA Disability claim.

Very Satisfied Thank you


AL from Phoenix, AZ

Being in my early 30’s with so many illnesses, that I considered disabling, some would not. Mr. Davis and his staff took the time to explain to me that I wasn’t alone and that my work history spoke for itself. They did all the research to prove to the judge and medical experts that were assigned to my case due to my higher level of education and my history that I was indeed unable to return to any type of job. He did an amazing job at winning, but most of all supporting me throughout the whole process. Everyone in his office takes good care of you, from the beginning and even after I received communication on how I was progressing. To our disbelief, I have endured another diagnosis and 4 surgeries since my favorable decision, this was disheartening, but again his staff has reassured me that we not only did what was right for me, but for everyone! I would highly recommend Mr. Davis as he is the best and gave me a reason to look forward to waking up everyday instead of stressing about where my next meal would come from and how I would support my children.

Thank you to everyone in his office, a special thanks to Jennifer who went that extra mile for me just by making me feel like I was not alone during all of this. It’s an excruciating process to go through when so very ill and they take all that burden off of you.

I am forever grateful!

PC from Las Vegas, NV

Thanks for doing such a great job getting me disability benefits. I thought it was gonna be a nightmare to see the judge, but you made it very simple.

Your knowledge and attention to detail is second to none. My hats off to Vanessa for all her personal attention to my case and keeping me informed. Thank you for trusting me and making me feel like my case was the only one that was important.

I wish you and your staff a wonderful holiday season and a great New Year.

Again, thanks very much.



I want to send my sincere thanks to Scott Davis and staff. I must say the overwhelming feeling of trying to fight the Social Security system by yourself is terrible. With out the outstanding help of Scott Davis and his staff I would have never have won my case. Scott and his staff made me feel relaxed and confident through out the whole process. As sick as I was they made me feel a lot better about my situation. Scott did everything as he said he would promptly and professionally. Thanks again to Scott, Vanessa, Jennifer, and Kimberley, you guys are awesome! Thanks to all who helped.

DM from Las Vegas, NV

The office of Scott E. Davis, P.C. did an amazing job winning my disability case with an out of state Judge for my long awaited hearing.

My case manager Jennifer was helpful, understanding and very resourceful in helping me find outlets for assistance during this difficult time. Even though I lost my home, marriage and security I never felt alone with their office behind me.

I would recommend Scott E. Davis, P.C. for any disability cases as you will be treated as part of their family.