07May

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Aetna Reverses its Decision to Terminate Long Term Disability benefits after Osterhout Berger file its Appeal

Posted by OBL

Aetna terminated the benefits of our client, an Executive Administrative Assistant, after she had been receiving disability benefits for only eleven months. Our client suffered from significant limitations in the use of her arms and hands as a result of medical conditions to include neuropathy, carpal tunnel syndrome and cubital tunnel syndrome. After the client retained us, Attorney Berger obtained updated medical treatment notes and medical opinions from our client’s treating physicians and a detailed vocational report. Attorney Berger also filed an extensive brief arguing why Aetna was unreasonable in terminating benefits and after a review of all of our submissions,...

30April

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Appeal Deadlines for LTD Claims Extended Due to COVID-19

Posted by OBL

in Blog, Covid-19

We have received very good news! People who need to appeal their LTD claims have had their appeal deadline extended because of COVID-19. This means that if you think you may have lost the opportunity to appeal because you were unable to do so during the lockdown, you may still have the rights to appeal! President Trump issued the Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) and by a separate letter made a determination that a national emergency exists nationwide beginning March 1, 2020. As a result of the National Emergency, participants and beneficiaries covered by group...

24April

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Long Term Disability Helps Social Security Disability Claimants

Posted by OBL

in Blog

Linda worked for many years as a dentist before degenerative disc disease in her back prevented her from carrying out her normal job functions. She applied for Social Security Disability, but because she was highly skilled and under 50, she was denied at the initial level and was told that she may have to wait a year or longer before actually receiving benefits. She didn’t actually remember her Long Term Disability (LTD) policy until her Social Security disability representative asked if she had purchased a disability policy of any kind that may provide benefits while she waits for the Social...

23April

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The Hartford Reconsiders its Termination of Benefits

Posted by OBL

in Case Summaries, Blog

Our client was a College Registrar when she became unable to work due to physical impairments to include fibromyalgia, vertigo, lumbar spondylosis, Post Traumatic Stress Disorder, Depressive Disorder and Panic Disorder. She received benefits from The Hartford for approximately 14 months before it was determined that she could return to her own occupation. Attorney Berger obtained medical evidence from eight different physicians along with medical opinions from four different physicians. He also obtained a detailed vocational report and, following a review of all of this evidence and Attorney Berger’s argument, The Hartford reversed its previous decision and reinstated our client’s...

20April

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Before You Get Furloughed, Consider Your Company Disability Policy!

Posted by OBL

in Blog, Covid-19

Many employees continue to work even though they experience limitations from physical or mental limitations. With the onset of COVID-19, employers are experiencing significant financial burdens and terminating or furloughing workers. If you are still employed but may be subject to being let go, you need to be aware that if you are let go you most likely will no longer be covered under your Short Term and/or Long Term disability policies. Most employer-provided policies require an employee to be “actively at work” when their disability begins. While the term “actively at work” is defined differently depending on the policy, basically...

17April

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Receiving Social Security Disability or Supplemental Security Income? Here’s What You Need to Know About Covid-19

Posted by OBL

in Blog

Loss of Normal Income If you receive SSI and either you or your spouse has lost income due to Covid-19, you need to report the loss of income to Social Security by calling 1-800-772-1213. By reporting a loss of income, your SSI monthly payment may increase. Stimulus Checks for Disability Recipients Information about stimulus checks is changing rapidly and it can be especially confusing for individuals receiving Supplemental Security Income (SSI) or Social Security Disability (SSD). The most recent advice from SSA helps to clarify: Social Security retirement, survivors, or disability beneficiaries and Supplemental Security Income (SSI) recipients who do not have qualifying children...

16April

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COVID-19: Applying For Short Term or Long Term Disability

Posted by OBL

in Blog, Covid-19

As most are aware, COVID-19 is a serious issue disrupting lives and businesses all across the United States. Employees who become ill as a result of COVID-19 and are unable to work may be eligible for disability benefits pursuant to their Short Term and/or Long Term disability policies. If you have been forced to stop working due to COVID-19 and need assistance with your claim for disability benefits do not hesitate to call Osterhout Berger Disability Law for a free consultation. 1-866-438-8773 x 604 Short Term and Long Term Insurance companies are actively adjusting their procedures to deal with the issues...

14April

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When Insurance Companies Don’t Play Fair

Posted by OBL

in Blog

One of the ways we at OBL ensure that we are offering excellent representation to folks whose claim for long-term disability benefits has been denied is to continuously watch federal court decisions being issued in appeals of insurance companies’ denials of these cases. This helps in two ways: (1) to guide us in making sure that our clients’ cases are being developed in the best possible way in light of current court decisions, and (2) to give us insight into the kinds of mistakes (and, frankly, bad behavior) committed by certain insurance companies. Sometimes, we see a trend, and unfortunately,...

31March

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Osterhout Berger assists Amazon Employee in her Claim for Benefits from The Hartford

Posted by OBL

in Case Summaries, Blog

The Hartford denied our client’s claim for Long Term disability benefits due to a lack of medical documentation. Our client suffered from significant mental impairments, to include a persistent mood disorder and anxiety disorder. After being retained by the client, who worked for Amazon, Attorney Berger obtained all of the medical evidence, along with a detailed statement from our client’s treating physician and a comprehensive vocational report. This evidence was enough to persuade The Hartford to overturn its previous decision and award our client her much-needed Long Term disability benefits. If your Short Term or Long Term benefits have been denied...

28March

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Osterhout Berger Helps a Financial Executive Get His Benefits Reinstated from The Hartford

Posted by OBL

in Case Summaries, Blog

Our client had been receiving Long Term disability benefits from The Hartford for difficulties stemming from a sleep disorder for approximately 10 years before The Hartford terminated the benefits after finding he could return to work. Our client immediately contacted Attorney Berger and after extensive development of his claim file, to include obtaining multiple statements from our client’s treating physicians, an Independent Medical Examination and a comprehensive vocational evaluation, The Hartford reversed its decision and reinstated our client’s Long Term Disability benefits. If your application for Long Term disability benefits or your appeal of a decision denying or terminating has been...

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