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 →

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 →

If your employee benefits are provided through your employer like most Americans. then ERISA governs your benefits.  “ERISA” is a  very complex, broad federal law that stands for the Employee Income Retirement Income Security Act of 1974.  ERISA was enacted with a goal being to provide protection for employees.  Unfortunately, since it was enacted, ERISA has evolved into a law that in the disability arena, provides few true benefits for employees while protecting and shielding employers and insurance companies from liability.  Simply put, ERISA provides few, if any protection to you and your family. Continue reading →

If you work for an governmental entity in Arizona, you are most likely covered by the Arizona State Retirement System (ASRS) – that is good news. Arizona state law governs your claim and not ERISA. Over the past 6 years, Scott Davis has represented more Arizona state employees than any other attorney. Our record in getting client’s ASRS disability claims paid is nearly perfect. The ASRS is self funded through contributions from Arizona state employees and the state. Continue reading →