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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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What Does Disability Mean According to the Social Security Administration?

Obviously, the Social Security Act, the Regulations, the voluminous policy statements made by Social Security, federal court cases, etc., are far too extensive to completely review in a short article, but it is possible to give some useful information about this question without referring a claimant to law books and the regulations. If you are under 50 years of age, you must show that you cannot perform any type of work that exists in the national economy to qualify for benefits. When people describe their disability to us, they talk about it by stating they are unable to do the type...

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Disability Benefits for Anxiety

When applying for Social Security disability benefits for anxiety, there are some things that people with anxiety disorders should do to ensure a successful claim. In order to qualify for SSA benefits, a person must be able to show that they have been unable to work for at least 12 months due to an anxiety disorder. For instance, a person might be unable to work because they become anxious to the point of fainting when in public. There’s also some medical evidence that a person with an anxiety disorder should be prepared to gather when applying for benefits with the Social Security...

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Will You Have to File for Social Security Disability to get Long Term Disability Benefits?

When you are approved for benefits through your long term disability coverage, your insurance company will likely require that you file a claim for social security disability benefits. The amount that you receive from your insurance company can be offset by the amount that you receive from SSDI. Insurance companies thus have vested interests in your approval for social security disability benefits. In some cases, the companies may retain disability lawyers to represent their insureds in their social security claims. If you are approved for long term disability benefits because of a workplace injury, the company might also ask you to...

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Long Term Disability Coverage and Benefit Options

While some workers may not think that they may become disabled and unable to work, many do. The Council for Disability Awareness reports that 25 percent of people in their 20’s will become disabled at some point during their careers, and the average disability-related absence from work is nearly three years. Some people have short-term disability insurance provided to them by their employers as optional benefits, and they might not understand the difference between that coverage and long-term disability coverage. Short-term disability coverage lasts for a short duration, normally no longer than three to six months. By contrast, long-term disability...

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Should You Hire an Attorney for Long Term Disability Benefits?

  [caption id="attachment_3680" align="alignleft" width="297"] OBL Partner Erik Berger manages our Long Term disability division and is ready to help you with your claim![/caption] If you have long-term disability insurance and have suffered an injury or illness, you may expect that your company will approve your claim for benefits. Unfortunately, insurance companies often try to deny claims in order to minimize their losses. If your claim is denied, it can be financially devastating. There is an appeals process that you can follow if your claim is denied so that you can try to recover the benefits that you rightfully deserve to replace...

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