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Disability Insurance Law Blog

Work-related injuries may qualify for short-term and long-term disability benefits

Injuries that occur on the job may be compensated through a workers' compensation claim. However, injuries that result in a prolonged absence or even permanent disability may qualify the employee for benefits under their employer's short-term disability and/or long-term disability plans.

The thought of not being able to work but still having financial obligations can be frightening and overwhelming. Workers' compensation only goes so far. Understanding the benefits and rights provided under a short-term disability and/or long-term disability policy may provide the insured with the means to cover their expenses while unable to work.

Do you feel paralyzed with fear or anxiety when you leave home?

If you do, you could suffer from agoraphobia. The hallmark of this anxiety disorder is a need to get away from situations and places that make you feel panicked, helpless, embarrassed or trapped. You may feel like you need to get back into your comfort zone.

You may not even want to leave your home. Depending on its severity, this condition can prove debilitating. You may not be able to go out into your front yard, let alone to the grocery store, work or anywhere else for that matter.

Common exclusions found in life insurance policies

Florida residents and others looking to purchase life insurance should understand that policies are binding contracts. Therefore, they may contain exclusions or exceptions that buyers need to look for prior to making a purchase. The exclusions or loopholes included in a life insurance policy are there to ensure that insurance companies can keep potential losses to a minimum. They may also be included to allow insurance companies to offer lower premiums compared to their competition.

Typically, exclusions will be added to deny coverage for those who were under the influence of drugs or alcohol at the time of an injury or death. In some cases, a claim could be denied just because a person drank alcohol even if it didn't directly result in a person's death. Insurance companies may also choose to deny coverage to those who were killed while committing a crime or engaging in any other illegal activity.

NFL Disability Claims

The National Football League is well known for denying the valid disability claims of its players. After submitting a claim for disability benefits to the NFL, which is self-insured and administrates all NFL claims, the player is often sent to numerous "neutral" medical examinations by physicians of the NFL's choosing. Not surprisingly, these doctors overwhelmingly find that the player is not disabled under the terms of the NFL's Disability Plan and the claim is denied.

Further complicating the disability process is that NFL claims, like many long term disability claims, fall under theERISA statute and are therefore subject to the limitations imposed by that statute. For example, the player must submit a comprehensive appeal within 180 days of the denial letter and the evidence submitted with that Appeal Letter will basically serve as his evidence at trial should the NFL issue a final denial after reviewing the Appeal.

Despite increasing information and proof that the head and body injuries sustained by football players are debilitating and leave them in chronic pain, functionally impaired and often with cognitive issues, the NFL fights tooth and nail to avoid paying these claims.

DI Law Group has handled NFL claims and hundreds of ERISA claims. We are familiar with the tactics used by disability carriers to unfairly deny claims and have successfully overturned hundreds of denials and obtained millions of dollars in recovery for our clients. If you are having problems getting the disability benefits you deserve and to which you are entitled under your disability policy feel free to contact us at (866) 363-3628 or through our website www.dilawgroup.com for a free consultation.

Insurance Companies Continue to Discriminate Against Mental Health Treatment Despite Parity Laws

NPR recently published the web article, 'Mental Health Parity' Is Still An Elusive Goal In U.S. Insurance Coverage, written by Graison Dangor. https://www.npr.org/sections/health-shots/2019/06/07/730404539/mental-health-parity-is-still-an-elusive-goal-in-u-s-insurance-coverage.

Disability Insurance Law Group Wins Benefits Under a Cigna Disability Policy for Claimant Suffering From Fibromyalgia

Ms. R. was an executive of a large corporation for over 12 years. She was on track to take over the eastern division of her company. Ms. R. began noticing that during the day, she felt fatigued; however, it was not a normal feeling of being tired. It felt more like a weight draped over her body and mind. She assumed that she was just run down and needed a vacation. On the weekends, she stayed in and rested. However, this did not help. She was struggling to stay awake at work and focus during telephone calls and meetings. Ms. R. also began suffering from severe joint pain and body aches. At first, she assumed that this was just a product of her exhaustion - her body and mind were overworked. Before Ms. R. took over the eastern division, she decided to go on a two week vacation. She hoped that the time off would rejuvenate her. Unfortunately, the pain and fatigue did not go away with rest. In fact, she never felt worse. Despite this, Ms. R. returned from her vacation and started in her new position. However, as time went on, Ms. R.'s severe pain and fatigue only increased. She was struggling to get through each day. She was taking naps in her office, leaving work early, and forgetting important meetings. Ms. R.'s co-workers began to notice a change in her work product. At this point, Ms. R. knew something was wrong and began the long and frustrating process of trying to find a medical reason for her concerning symptoms.

Winning a Multiple Sclerosis Disability Claim

Multiple sclerosis is considered an "immune-mediated" disease, where an individual's immune system attacks the central nervous system. The cause of multiple sclerosis is unknown. However, scientists believe that a combination of genetic and environmental factors likely contribute to an individual's risk factor of developing multiple sclerosis.

Fighting back against disability claims denials

When Florida residents file claims with their private or group disability insurance, they may be surprised to find themselves confronted with delays or denials of the claim. This can be devastating as people often rely on these insurance policies to provide much-needed support when they are unable to work. However, there are a number of ways to deal with this problem. If you are filing a claim for benefits or facing a denial, it may be helpful to understand the options available.

In many cases, you can prevent the denial of a disability benefits claim by working to ensure that your application strictly meets the guidelines provided by the insurance company. It may be possible to push back on a delayed or denied claim by using the insurance company's appeals process and presenting key information or evidence to support your unfairly denied claim. In addition, a disability lawyer might be able to negotiate a settlement in order to resolve the dispute.

Disability Insurance Law Group Aggressively represents Our Lupus Clients

Disability Insurance Law Group is the proud sponsor of the Lupus Foundation of America Walk to End Lupus Now. Disability Insurance Law Group sponsored and attended the Walk that took place on April 27, 2019 in Orlando, Florida. Our Team has also sponsored and will attend the May 19, 2019 Walk in Jacksonville, Florida.

CIGNA Long Term Disability Denial of Benefits for Traumatic Brain Injury, Mental/Nervous Disorder and Physical Conditions Overturned on Appeal

Ms. Doe hired DI Law Group to assist her in the claims process after being confused by CIGNA's handling of her claim due to Traumatic Brain Injury. Ms. Doe suffers from Mental/Nervous Disorders including anxiety and depression as well as physical conditions, and Traumatic Brain Injury that affect her functionality and have prevented her from performing any or all of the material and substantial duties of her regular occupation as a Senior IT Business Analyst.

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