Maybe your insurer doesn’t think you’ve been compliant enough with treatment – or maybe they have doubts about the severity of your condition. Whatever the case, they’ve scheduled you for an independent medical examination (IME) with a doctor you’ve never met. Since a...
A disability claim denial may result from a violation of fiduciary duty
Insurance companies that provide disability coverage can lose a lot of money when approving claims. If someone cannot work due to a short-term or long-term disability, the benefits they require could add up to thousands of dollars. Therefore, insurance companies are...
3 things applicants need to know about ERISA appeals
For decades now, the Employee Retirement Income Security Act of 1974 (ERISA) has provided key protections for employees who receive certain types of workplace benefits. By regulating retirement, as well as certain kinds of specialty insurance coverage, ERISA protects...
What does a reservation of rights letter mean?
You filed your long-term disability (LTD) claim and did everything you were expected to do – and you eventually started to receive payment, although it came along with a “reservation of rights” letter. What does this mean for you and your claim? This is a common...
How to show continuous disability during an elimination period
Most long-term disability (LTD) policies have an elimination period (EP) – typically three to six months from the start of your disability – where no benefits are paid. Once the elimination period passes, you can generally qualify for a period of short-term...
Why you should check your medical records after every visit
When you need to file a claim for ERISA disability benefits, a lot can rest on your doctor’s words – so having accurate, up-to-date medical records are important. Unfortunately, studies show that error rates in medical records are very high. One study indicated that...
Claims administrator’s action ruled “arbitrary and capricious”
Long-term disability claims are a critical safety net for individuals facing medical conditions that hinder their ability to work and lead a normal life. However, a recent court ruling, Murch v. Sun Life Assurance Co. of Canada, sheds light on the importance of fair...
The countless complexities of ERISA appeals
Being disabled and wrongfully denied benefits is a hard pill for many to swallow. Various reasons exist for being turned down, particularly concerning insurance claims related to ERISA. While discouraging, applicants should know that the initial ruling is not the...
What are the 5 most common long-term disability claims?
It’s estimated that only 40% of American families and individuals have enough savings to cover at least three months of living expenses, and less than 30% can cover six months. The Council for Disability Awareness (CDA) also estimates that 25% of Americans will be...
Landmark appeals court ruling could impact ERISA mental health claims
Mental health advocates decry a decision by the 9th Circuit Court of Appeals impacting how insurers can process behavioral health claims. The latest decision in Wit v. United Behavioral Health involves mental health claims, but many fear the implications could also...

