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Disability Insurance and ERISA Articles

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

Disability Insurance Claims

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

Arizona State Long Term Disability Claims

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


We talk a lot here about the critical importance of getting medical care to support your disability claim. What is sometimes not understood, however, is that we still need you to tell us about where you have been. Nearly all medical treatment you receive is likely to have some sort of impact on your claim, but if we are not aware of it, the Social Security office probably will not know about it either. Continue reading

Getting affidavits notarized

Why is it important for my family or friends who write an affidavit on my behalf to have their affidavit notarized?  This is a question I have heard quite a few times from clients. An affidavit by definition is “a written declaration upon oath made before an authorized official”.  Without the notary public’s signature as a witness the affidavit is simply a statement. Continue reading

Social Media

When filing a disability claim or in the process of receiving disability, it is important to watch the pictures and things you say on social media sites like Facebook, Twitter, MySpace and others. It is possible that some administrative law judges could look at things you put on the internet. If this happens it could possibly be detrimental to you disability claim and even result in a unfavorable decision. The next time you are on a social media site be careful what you are writing and the pictures you may post for they might hurt your disability claim. We would recommend that you refrain from using any social media sites until you claim has been approved.