Disability Insurance Denial | InjuryBoard Northern Virginia

Graham Harrison, filed for disability benefits under his group long term insurance policy provided by Prudential Insurance Company. He suffered from Tourette Syndrome which prevented him from working on a full time basis. His doctor, a neurologist and specialist in his disease (Tourette Syndrome) had recommended that he consider reducing his work schedule to less than full time to accommodate...

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North Carolina Social Security Disability attorney Brent Adams makes and excellent point about long delays in social security disability claims. He quotes an excellent commentary from administrative law judge Ronald Bernoski, writing in the Charlotte Observer.I've got an additional theory. Fraud by the major long-term disability insurance companies. Here's how it works:Most long term disability...

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Here's another major trick we see them use. They deny your claim and ask you to submit an appeal. When you do so they say that "The ability to produce a detailed document such as your personal profile is indicative of an ability to produce quality work" (and thus work).This is really a silly statement unless you know such facts as who prepared or assisted in the preparation of the document and...

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Here's one we still see with some frequency in ERISA governed long term disability insurance claims. The insurance company makes a decision that the claimant is not disabled, and writes (or calls) the treating docotor with this type of message: "Dear Doctor, our review indicates your patient could work a 40 hour week, no problem. If you don't agree with our review, let us know within 10 days or...

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New video and book exposes the truth about group long term disability insurance policies.In his book, "Robbery Without a Gun", long term disability insurance attorney Ben Glass reveals the mistakes that claimants and their doctors make in a disability claim that can virtually guarantee that the claim will be denied by the insurance company. Here's a short video where Ben explains how most group...

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The Fourth Circuit Court of Appeals has answered a very important question for long-term disability claimants: When does the statute of limitations expire when you have been denied benefits.Sun Life Assurance Company of Canada contended that a claimant had failed to file her claim within the time limits set out in the contract. Sun Life's disability insurance policy, like most contained the...

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The First Circuit Court of Appeals issued an opinion at the end of March which again demonstrates that the federal law of ERISA (designed to protect your pension plans) has turned the disability evaluation world upside down.The plaintiff sought disability benefits after she could no longer work due to fibromyalgia. Every doctor who examined the plaintiff, including an independent examiner found...

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In a recent case in federal court the judge ruled that Aetna Life Insurance Company's decision to permanently terminate disability benefits to an employee was wrong and those benefits would be reinstated. Most disability insurance companies will only make payments to you if you are disabled and under the "regular care and attendance" of a physician. Here there was a period of time during which...

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When a dental hygienist sued because her disability insurance claim was denied, the insurance company contended that her claim, bought through the American Dental Hygienist Association, was covered by the federal law of ERISA.Why?Because ERISA gives the insurance company a HUGE advantage--(1) it's decision given deference; (2) no jury trial; (3) no real trial at all; (4) no "real damages" except...

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A jury ordered Prudential Insurance Co. to pay $15.5 million to an woman who was denied her disability benefits. The woman applied for benefits because she suffers from chronic fatigue, fibromyalgia, lupus, and an immune system disorder.One thing that immediately comes to mind is that this wasn't her employer's group disability policy. Those policies are virtually worthless (as explained in my...

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Long term disability insurance claims are tough. The law is terribly weighted in favor of the insurance companies and Congress won't change the law anytime soon since none of its members fall under ERISA (Officially the Employee Retirement Income Security Act of 1974, unofficilally "the Employee Ripoff and Insurance Company Security Act). That's not enough for some insurance companies, though,...

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Claims for denial of insurance benefits under employer sponsored plans (ERISA) are tough. They are tough because--the insurance company gets the benefit of the doubt--you have to prove they were not just wrong but REALLY wrong--there are no jury trials.... federal judges decide the cases on the record--there is virtually no discovery--you deal with only those documents the insurance company...

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Some disability insurance policies provided by employers aren't worth the paper they are printed on. People are often shocked to find that even though their doctors fully support their disability and, in some cases, they have been awarded disability benefits by the Social Security Administration, their employer's plans are so bad that the insurance company does not have to pay benefits. The...

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Several months ago we were sitting in the huge conference room of the very well heeled law firm hired by a major disability insurance company. We sat around a large ornate conference room table. My client, unable to work because of a number of illnesses that had befallen him, had wondered what this mediation would be like. Eighteen months earlier his doctors had told him that he would have to...

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ERISA (Employee Retirement Income Security Act) was passed in 1974 to protect the cash in your pension fund. Today it protects the insurance companies from lawsuits for disability benefits. In fact, your employer's disability insurance policy may be providing only illusory benefits.Ninety-nine percent of all disability insurance plans offered to employees are governed by ERISA. Under ERISA,...

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