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Announcement: Shay Guess Joins the OBL Team!

  Osterhout Berger Disability Law is expanding! We are thrilled to announce that Shay Guess, an experienced and skilled representative based in northern Mississippi, has joined the OBL team. Shay has 8 years of experience in Social Security disability applications, appeals, and ALJ hearing representation. He passed the difficult EDPNA national exam administered by the Social Security Administration in 2015 demonstrating professionalism and competence. OBL Managing Partner, Karl Osterhout, met Shay years ago at a conference held by the National Association of Disability Representatives (NADR) and shares his excitement: “I am deeply impressed with Shay both as a person and as a...

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Success Story: A Fantastic Win For Our FDC Team!

We write a lot about the challenges of getting Social Security disability benefits, but sometimes keeping the benefits can be just as difficult! There are many complicated medical and vocational issues that Social Security analyzes when reviewing whether a beneficiary can continue to receive their disability benefits. Sometimes during this “Continuing Disability Review,” or “CDR,” technical errors occur or claimants are denied due process. When a claimant receives a Notice of Termination they have the right to appeal and, just like when initially applying for benefits, a CDR case that gets denied by an ALJ can be appealed to the...

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Lindsay Osterhout’s Technical Expertise Results in Another Case Win!

[caption id="attachment_3882" align="alignleft" width="220"] Lindsay Osterhout, OBL Partner, Administrative Division[/caption] When applying for Social Security disability benefits, many underestimate the importance of knowing Social Security regulations and policy. Lindsay Osterhout recently worked on a case that had been denied at the application and reconsideration levels. The claimant’s impairment was a primary type of cancer. The initial cancer occurred while the claimant was still insured for Social Security Disability. Shockingly, SSA denied the claim, IMPROPERLY labeling it secondary cancer. With that misclassification, SSA IMPROPERLY found that the claimant did not meet the cancer listing. Upon Lindsay pointing out the misclassification by DDS, it...

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Medicare Options For the Disability Recipient

One of the greatest benefits of receiving Social Security Disability is that recipients are eligible to draw Medicare benefits early. This helps them maintain medical care and treatment. Our office thinks it's important to help our clients through this confusing process. Our in-house licensed health insurance agent works with our clients to clearly explain what to expect and options available to them. Medicare includes Part A (hospital insurance) and Part B (doctor coverage). However, it is not full coverage nor does it include prescription drug coverage. To supplement the charges that Medicare doesn't pay, you will need to choose between three...

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LTD Application Tip: Do Not Use Regular Mail!

It costs more money in the short run, but please consider submitting any information to your LTD company, whether it is the application, medical evidence, or other evidence, by some sort of certified mail or (if you can afford it) overnight mail that will provide you with documentation that the information you sent was received. As we discuss in one of the recent articles we filed on our website, LTD companies have been known to “lose” or “forget about” information that claimants send to them.     For more great LTD application tips, download our free E-Book below:    ...

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The Adversarial Nature of LTD Claims; Insurance Companies Lookout for Themselves!

Claims for LTD benefits are adversarial cases, where the employer and/or insurance company has claims adjusters, doctors, vocational experts and other experts who provide evidence against the worker’s interest. So, even though the “HR person” at the company may be, in fact, a very nice person, this should not lull the worker into forgetting that, in the end, the employer/insurance company will always look out for itself first. The process for applying for LTD benefits requires strict adherence to the time frames established in the Department of Labor’s regulations, and all evidence and all medical and vocational opinions should be submitted...

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What You Need to Know About the Long Term Disability Application Process

You should expect the application process to take between four to six weeks. In order to apply, you will need to submit the application, documentation of your income and a signed release that authorizes your insurance company to obtain copies of your medical records. After you submit the documents to your insurance company, you should be contacted to schedule a phone interview and a paramedical examination. On the date of your exam, a technician will complete a home visit, take your blood and urine samples and measure your vital signs, height and weight. The results will be sent to the insurance...

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Do’s and Don’ts of Long Term Disability Appeals

It is important for you to understand what you should and should not do for your long term disability denial appeal. When you receive your denial letter, you should request a copy of your policy and of your file from the company. The file should contain all of the medical records that the company reviewed in making its decision. It should also include surveillance video, outside doctors’ reports, internal notes and other information that the company relied on to deny your claim. If you have been approved for social security disability or workers’ compensation, submit evidence that you are receiving benefits as...

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We Write the Appeals Council Briefs; You Get the Remands!

Sometimes it can seem like preparing a Brief for the Appeals Council is an enormous waste of time and effort, since an overwhelming percentage are routinely denied. But that’s not always the case. In the last 2 months our referral sources have notified us of 4 remands (two of which are pending and two of which resulted in fully favorable decision at the remand hearing) as well as one case which was actually reversed by the Appeals Council and paid back to the alleged onset date of 2015. Our Appeals Council brief writing service is available to our referral sources at...

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Applying for LTD? Make Sure the Insurance Company Has the Relevant Evidence!

LTD claims involve many rules that are different from a typical insurance or contract dispute. One of the big differences is that the LTD company must be provided with all of the evidence in support of your claim before it issues its final decision. Otherwise, information not provided will not be evaluated if you later have to file a lawsuit against the LTD company. The application form is often very short, so you must not hesitate to attach additional pages to the application if necessary to fully explain all your medical conditions, your medical history (including all doctors you have...

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