If your application for disability benefits has been rejected by the Social Security Administration (SSA), you have a right to appeal their decision. If you prepared the original application — the one that was rejected — you might have better luck the second time around if you get some help. Who you get to help […]
Collecting Attorney Fees in an ERISA Disability Lawsuits
If you are forced to file an ERISA lawsuit against an insurance company for unfairly denying a claim for disability benefits, can you ask to be reimbursed for attorneys’ fees as part of your settlement? If an insurance company has denied your claim for disability benefits, ERISA (Employee Retirement Income Security Act of 1974), the […]
Challenging a Vocational Expert at a Social Security Disability Appeal Hearing
If an injury or illness has left you so disabled you can no longer work, you may qualify to collect disability benefits from the Social Security Administration (SSA). In order to be approved for Social Security disability benefits, it’s not enough that you can no longer work at your present job; your medically determinable physical […]
Don’t Lose Your Disability Benefits Due to Non-Compliance with a Doctor’s Orders
Insurance companies employ a variety of different ruses in their attempts to get out of paying off a claim for disability benefits. One of these is the use of allegations of non-compliance with a physician’s prescribed treatment as reason to deny paying benefits. Insurance companies can legally deny a disability claim for non-compliance. Non-compliance occurs […]
Brain Injury Awareness Month: Social Security Disability Benefits for Brain Injuries
March is Brain Injury Awareness Month, a time to place the spotlight on those living with brain injuries and the challenges they face. In this post, we’re going to focus on one area in particular: Social Security disability benefits available for those who are unable to work due to a traumatic brain injury. A traumatic […]
I can’t do my old job. Am I disabled?
Social Security doesn’t decide if you are disabled based on whether you can do your old job. While that is one of the factors, that is not how the law defines “disabled” in the context of Social Security disability benefits. “Disabled” is defined as being unable to “engage in substantial gainful activity” due to a […]
What Remedies Can You Recover From An ERISA Disability Lawsuit?
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law enacted to protect an individual from pension and insurance fraud. Its rules apply to almost all employee group short term and long term disability policies. Among other things, ERISA gives a policyholder the right to appeal an insurance company’s decision to deny […]
Macular Degeneration and Social Security Disability Benefits
Age-related macular degeneration is the leading cause of central vision loss in older Americans. Currently, an estimated 11 million people in the U.S. are affected. This is more than those affect by cataracts and glaucoma combined. February is AMD/Low Vision Awareness Month, a time to share information about this disease and help understand its impact […]
Private versus Group Disability Denials: What You Need To Know
People purchase disability insurance to provide supplemental income in the event that they become too ill or injured to work. There are two types of long-term disability insurance policies: group and private. Group disability insurance policies are purchased by employees as part of a “group” insurance plan provided by their employers. Private disability policies are […]
The Importance of Medical Records in Social Security Disability Claims
The first thing I ask a potential client is: are you being treated for your medical condition? I am always surprised by the number of people who say “no.” Many of them have valid reasons — no insurance, can’t afford to get medical care. However, medical records in Social Security disability claims are what help […]
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