Northern Virginia Personal Injury Lawyer - Miscellaneous

Before You Make a Virginia Disability Claim, Ensure Your Doctor is On Your Side

Ben Glass — Sat, 05 Mar 2011 14:16:00 GMT

My doctor won’t support my disability claim! Now what?

I often hear this same question from people regarding their disability claims. These individuals want to know what they should do if their doctor won’t write in their medical records that they support the disability. This issue is very important and one that will seriously impact your case.

Getting your doctor’s support is crucial.
One of the main components of a successful Virginia disability claim is your doctor’s support. Proving a disability is not easy and you need to make sure that your physician is on your side. You do not want to quit working before you know where your doctor stands. That will only compound your problems.

Be proactive.
If you strongly feel that you cannot work, but your medical provider won’t back up your disability claim, there are a couple of things that you can do. For example:

Get a second (or third) opinion. You owe it to yourself and your family to talk with another doctor.
Find a doctor who is not as busy. The problem you are having with your current physician may have more to do with his or her schedule than your condition.

For more information, be sure to watch the video, What if Your Doctor Won't Support Your Disability Claim?

Originally posted at InjuryBoard by Ben Glass

The Clock is Ticking After a Virginia Disability Benefits Denial

Ben Glass — Sat, 26 Feb 2011 22:00:00 GMT

As insurance companies tried to clean up their books at the end of the year, many people started to receive letters stating that their long-term disability benefits were denied or terminated. Some of these letters even arrived on Christmas Eve.

If you have been denied long-term disability benefits in Virginia or if your benefits were terminated, you need to understand that the clock is ticking. When your benefits are cancelled or denied from a group disability policy, you basically have 180 days to appeal the insurance company’s decision.

Employee Retirement Income Security Act
The majority of long-term disability policies offered by employers are governed under a federal law known as the Employee Retirement Income Security Act (ERISA). Under this law, individuals are allowed to pursue lawsuits, if their long-term disability claims are denied.

Do I Need a Lawyer?
The question many people have when dealing with disability benefits is whether or not they need a Virginia disability lawyer. While there might be different opinions regarding the answer, one federal judge made the statement that claimants who do not use an attorney during the appeal are at a distinct disadvantage if they end up in litigation.

You have to understand that the appeal is a crucial part of the disability process. If you do face litigation, the judge will basically be reviewing the information you submitted during the appeal. Therefore, it is important that you have a Virginia ERISA lawyer representing you.

To learn more about disability claim denials, view the video, ERISA Disability Denials Attorney Ben Glass.

Originally posted at InjuryBoard by Ben Glass

What Do I Do if the Insurance Adjuster Offers Me a Settlement

Ben Glass — Sat, 07 Aug 2010 10:17:22 GMT

Originally posted at InjuryBoard by Ben Glass

Four Types of Disability Claims That Are Frequently Denied

Ben Glass — Fri, 30 Apr 2010 17:56:00 GMT

While just about any injury or ailment has the potential to be denied disability benefits, some tend to be turned down more often. Unum Group, which is one of the largest insurance companies, has stated that it denies almost 10 percent of the claims that are received.

In the March 2010 issue of SmartMoney, there was an article that listed some of the medical conditions that are frequently denied disability benefits. The article, “Too Sick to Work? They Disagree,” listed the following as the conditions that are commonly turned down:

Back Pain: If you file a disability claim for back pain, expect to be heavily scrutinized. It’s even worse if you don’t have a straightforward injury. Don’t be surprised if you discover that the insurer had someone following you to catch you doing something that doesn’t coincide with your claim.

Pregnancy Complications: A third-party claims reviewer in Florida said that about 25 percent of the contested denials he sees are related to pregnancy. Maternity-related conditions may include bed rest following birth or a difficult C-section.

Carpal Tunnel Syndrome: Over the last decade, there have been advancements in the treatment of carpal tunnel syndrome, including surgery. However, not everyone feels comfortable going the surgical route. Insurers sometimes decide that if the claimant forgoes surgery, he or she is ineligible for benefits.

Mental Health: The therapist’s notes may not be off limits for the insurance company. A simple statement made by the patient, such as feeling “much improved,” could be used by the insurer as a justification to stop payments.

When it comes to disability claims, the sooner you contact a Virginia disability insurance lawyer, the better.

Originally posted at InjuryBoard by Ben Glass

Receiving Long-Term Disability? Expect to be Scrutinized

Ben Glass — Wed, 03 Mar 2010 17:03:00 GMT

As more companies are looking for areas to cutback, long-term disability insurance seems to be on the list. In the past, employees often weren’t even aware that this coverage was included as part of their benefits package, but things have changed. As the number of disability claims appear to be going up, many workers are finding that they have to pick up the tab.

If you are filing a disability claim in Virginia and your employer does still offer this coverage, you could still face an uphill battle. Disabled workers are being placed under a microscope and extensively questioned about symptoms, treatments and other medical updates. They are often pushed to get back to work before they are ready.

The March 2010 issue of Smart Money had an article about this very subject. The article, titled, “Too Sick to Work? They Disagree,” looked into how workers are coping with the cutbacks in disability insurance benefits and the increasing pressure to get back to work. It mentioned that doctors and insurers are clashing over how much time workers need to recover.

Terry Smith, a principal in Mercer’s health and benefits practice, explains the current dilemma that disabled workers face, by saying, “These claims are now managed, whereas they used to just be monitored. It can be very intrusive.”

If you have applied for Virginia long-term disability benefits, don’t expect a simple yes or no answer. The process has become a whole lot more complex.

Originally posted at InjuryBoard by Ben Glass

Five Tips on Finding a Virginia Personal Injury Attorney

Ben Glass — Thu, 18 Feb 2010 16:41:00 GMT

One of the toughest decisions you have to make following an injury is choosing a Virginia personal injury attorney. It is an overwhelming task and you have to choose wisely, because your lawyer can make the difference in the outcome of your case.

Now, you can just open up the Yellow Pages and pick an attorney randomly out of the pages and pages of lawyer ads. Unfortunately, these ads aren’t going to tell you what kind of attorney this person happens to be. You are going to have to put a little more time and effort into choosing the right Virginia personal injury lawyer for your case.

Here are five tips to help you find an attorney best suited for you:

1. Ask for a referral from a lawyer you know
2. Contact the local bar association
3. Interview several lawyers
4. Be wary of an attorney who pressures you to immediately sign a contingent fee agreement
5. Avoid an injury lawyer who calls you first

Before you hire an attorney, be sure to ask him or her some key questions. For example, inquire about the lawyer’s experience and whether he or she is licensed in the state where your case will be filed. You should also ask if the attorney is board certified or a member in trial lawyer associations.

Following these tips and asking a lot of questions, will lead you on the path to finding the right attorney for your case.

Originally posted at InjuryBoard by Ben Glass

Dish Network Virginia Child Molestation Case--Every Parent's Nightmare

Ben Glass — Mon, 20 Jul 2009 06:57:09 GMT

Every parent's nightmare.

You call the cable or satellite installer and you let them into your house. You don't know it but the installer is a convicted child molester. Easy to check that out these days..you would think.

A case is brewing in Virginia where the allegations are that this Dish Network installer, complete with (as the judge put it) pornography, sex toys and "cheap children's bracelets" arrived at the house to do his work.

The child was in a room different from the room the installer was working in. In a very short time, however, he assaulted her. He is now serving 20 years for that crime.

The family sued for damages the child sustained. When sued, Dish Network tried to have the case removed from state court to federal court, alleging that the family and the offender were citizens of two different states. Judge Henry Hudson, of the Eastern District of Virginia, rejected the removal petition as he found that the evidence was overwhelming that the child molester lived in Virginia. You can see Judge Hudson's full opinion in the Dish Network child molestation case here.

Ultimately this case will revolve around whether Dish Network knew or should have know (by checking more carefully, the family will contend) that this guy was a child molester and that it might not be a good idea to give him a job where he travels alone to houses where children live. Hopefully for the family they wont' be traumatized again by a long litigation process.

Originally posted at InjuryBoard by Ben Glass

Beware of any Group Disability Policy

Ben Glass — Mon, 15 Jun 2009 13:57:00 GMT

Many professional athletes find themselves doing battle with their sports group disability plan insurance carrier.

In 2006, an appeals court awarded the estate of former Pittsburgh Steelers center Mike Webster more than $1.5 million in disability pay from the plan. It was the first successful challenge of the plan's rules and it has given hope to many of the players who feel left out.

While this is a victory for the players, I can tell you that any athlete seeking disability pay from these plans faces an uphill battle.

Most group long term disability polices (those offered by employers) stink. If you can afford to, and you want real disability insurance, you should be talking to a broker about a private/individual policy.

Most group policies aren't worth the paper they are written on because:

1. The protect you if you can't work in your own occupation for only 2 years.

2. If any part of your disability is caused by a mental or nervous disorder, the limit is generally 2 years. (And the disability insurance companies will do their best to lump your disability into the mental and nervous box.

3. Group policies are governed by ERISA. This means, generally, that the insurance company's decision on your claim is entitled to the benefit of the doubt and can only be reversed by a court for an abuse of discretion. This means you have to show that they are really, really wrong.

Originally posted at InjuryBoard by Ben Glass

Hazard from Texting While Driving

Ben Glass — Sun, 24 May 2009 08:12:54 GMT

According to a recent study conducted by researchers at Eastern Virginia Medical School and Children’s Hospital of the Kings’ Daughters in Norfolk, driving while text messaging or fiddling with an MP3 player is an even greater hazard than talking on a cell phone while driving.

In the study, the researchers had 21 teenagers between the ages of 16 and 18 take part in a series of simulated driving experiments.

Donald Lewis, MD, chief of Eastern Virginia Medical School’s department of pediatrics and co-researcher said that each teen was asked to get behind the wheel of a simulated vehicle and drive through simulated scenery, in rural, then urban settings, in 10-minute intervals.

The participants were first asked to drive with no distractions involved. Afterward, the were asked to drive through the same scenes again, but text messaging, talking on a cell phone, and finally operating an MP3 player.

Lewis said the findings did not surprise the researchers, but referred to them as “frightening.”

In the tests involving distractions that required finger movement, the participants steered the virtual vehicles erratically, weaving in and out of lanes and running over virtual people.

Lewis said that the worst driving came when the participants were text messaging, likely due to being required to look down in addition to moving their fingers.

Lewis said the mistakes the participants made included dramatically slowing down and weaving more than a foot outside their lane.

The participants were required to have at least six months of experience. Teens diagnosed with attention disorders or with a history of unsafe driving were excluded. Also excluded were teens who reported the use of alcohol or excessive amounts of caffeine.

According to Lewis, a growing body of research suggests that texting while driving is a rapidly increasing issue. Young drivers in Virginia are banned by law from using their cell phones while driving, but Lewis says that it would be difficult to enforce due to the difficulty of judging a driver’s age.

A recent American Automobile Association study said that people text messaging while driving increases the risk of an accident by 50 percent. Some states have banned texting while driving and Lewis says he believes they all should.

Originally posted at InjuryBoard by Ben Glass

Praise for Robbery Without a Gun-Why Your Employer's Long-Term Disability Policy May be a Sham

Ben Glass — Thu, 18 Dec 2008 20:55:51 GMT

North Carolina social security disability attorney Brent Adams recently said this about Robbery Without a Gun, the book which exposes the games of the long-term disability insurance companies.

Glass discusses how a law which was intended to protect workers has been perverted by Federal Judges into a tool with which to line the pockets of the “fat cat” corporate bosses at the expense of disabled workers and their families.

Although the book deals with complex legal issues, Glass distills the essence of the issues into an easy to understand explanation.

You can read what else Brent Adams said this disability insurance book here.

Originally posted at InjuryBoard by Ben Glass