If your disability claim is denied, under ERISA, you have the right to file an appeal and, after exhausting all appeals, file suit in federal court against the insurance company. It sounds simple enough, but to overturn a denial of disability benefits in court, an insurance company only has to show minimal evidence to support…
A new law known as the “Safe Haul Act,” that would increase federally required insurance minimum for commercial motor carriers nearly six-fold, from the current $750,000 to $4,442,000 (adjusted annually for inflation relating to medical care), is passing through Congress. Introduced in the House by Rep. Matt Cartwright (D-PA) as the “Safe and Fair Environment on Highways…
In some states, California for example, skateboarding is officially recognized by law as being a “Hazardous Recreational Activity” alongside sports such as Hang Gliding and Skydiving. Rough Riding Surfaces Cause Injuries As if the sport isn’t dangerous enough, rough riding surfaces from small stones, sticks, bumps, and holes in poorly maintained skate parks cause half of all…
Insurance companies tend to deny almost all long term disability claims initially, regardless of their merit. Patience, persistence, and an experienced attorney can increase your chances for a successful appeal. Steps to Take in Appealing an LTD Denial Get a copy of the LTD policy plan documents, including the summary plan description from your company’s…
The Employee Retirement Income Security Act (ERISA) is a law that was passed in 1974 to protect employees when filing claims with group health plans or plans providing disability benefits. How Does ERISA Help Claimants? ERISA makes the process of applying for and receiving disability from a private insurer similar to that of the Social…
Many cities and counties have enacted breed-specific legislation meant to regulate or restrict dog breeds that are considered dangerous or aggressive. Two examples of these breeds include Rottweilers and pit bulls. From 2005 to 2012, pit bulls and Rottweilers accounted for 68 percent of all fatal dog attacks. Half of these victims were children. Supporters of…
The Social Security office uses a five-step process to decide if you qualify as disabled. The process consists of five questions about your condition and your previous line of work. Before you can apply, you first must have worked and paid social security taxes for a certain amount of time based on your age when…
You selected private disability insurance and have not thought much about it since…until disability struck. Many folks wrongly assume that disability insurance coverage stay constant. The truth is many disability insurance coverages as well as premiums can change over time. Three basic types of renewability disability coverages are available today. Choosing the right one guarantees…
Each year, I review my calls and emails from prospective LTD clients, claims against LTD insurers and bases for denial. This past year, I have noticed less uber-aggressive tactics from the largest LTD insurer, Unum. Also, Portland LTD insurer Standard has shown willingness to be reasonable. On the other hand, this past year I have…
Occupational hearing loss is the most common work-related injury in the United States. Approximately 22 million U.S. workers are exposed to hazardous noise levels at work, and an additional 9 million are exposed to chemicals causing hearing damage. An estimated $242 million is spent annually on worker’s compensation for hearing loss disability. Have you suffered…