Having a pre-existing medical condition could make it harder for you to get long term disability (LTD) benefits from your insurance company. There are limits to what an LTD benefits insurance plan will cover. They’re described in your insurance policy as “exclusions.” Exclusions are written into every LTD insurance policy. The purpose of these exclusions […]
Witnesses at Your Social Security Disability Appeals Hearing
The Social Security Administration gives Social Security disability claimants who have had their claim denied an opportunity to appear at a hearing in which they can present their side of the case and establish a case for benefits. This hearing is your chance to demonstrate that you are eligible for SSDI benefits and that you do […]
Disputing Vocational Experts Testimony in SSDI Claims
Who you have representing you when appealing a denial of disability benefits from the Social Security Administration (SSA) could mean the difference between having your claim approved or permanently denied. While a Social Security disability advocate can help you prepare your claim, only a board certified attorney like M. Stanley Whitehead can represent you in […]
Why Should I Choose A Board Certified Social Security Attorney?
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 […]
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