Sometimes our clients who are physicians diagnose and self-treat their conditions and ask us whether they can establish their disability claim based on their own assessment. It stands to reason that an insurance company asked to pay benefits will not rely solely on the word of the claimant. In fact,…
New Jersey Disability Lawyer Blog
Unum Must Pay Benefits to Doctor Disabled by Cognitive Deficits Caused by Cancer Treatments
We commonly work with clients who, aside from suffering from the physical impacts of cancer, are unable to re-engage in their occupation due to long lasting cognitive effects of chemotherapy and other medication treatment. We are particularly keen on helping women who have endured the impacts of breast cancer, but…
“Retirement” is a Dirty Word in Disability
The need to go out on disability leave is based on one’s inability to perform the duties of their occupation, not on the choice to step away from working. If you obtained disability coverage through your employer, the need to stop working due to a sickness or injury must occur…
How to Protect Your Long-Term Disability Claim from Denial
A common thread in disability claims is how active the individual is after filing their claim. Insurance companies require claimants to complete detailed forms describing their activities, asking them how they spend their day from morning to evening, what computer systems they use, even how often they watch TV. It…
Dentist’s Repetitive Stress Injuries Eligible for Lifetime Disability Benefits Coverage
In order to obtain private disability benefits, you must be able to show that you are unable to perform the duties of your occupation due to symptoms of a medical condition. An important component of your claim is determining whether your condition is related to an injury or sickness. Many…
Court Rules Insurer Cannot Withhold Relevant Claim Documents
The denial of a disability claim can be incredibly frustrating and confusing for claimants. Insurers typically provide only vague reasoning for the decision, leaving claimants in the dark to figure out why they were denied and what steps they should take to appeal the decision. They are advised of the…
Disability Claims Decided Based On File Reviews – Is this Fair?
Insurance companies routinely hire physicians to perform a medical records review and use that review to decide whether a claimant qualifies for disability benefits. The use of reviewing physicians is not always problematic, as they may support the claim. A fair and thorough review can also provide valuable insight and…
Multiple Sclerosis Awareness Month: MS-Specific Issues in Disability Claims
If you or someone you love suffers from Multiple Sclerosis (MS), you already know how debilitating this progressive and incurable illness can be. Nearly one million people in the United States currently live with MS. In honor of MS awareness month, we highlight this all-too common illness and share tips…
Unum Ordered to Pay Lifetime Benefits to Endodontist Disabled By Arthritis Caused By Repetitive Stress Hand Injuries
Insurance policies often have different terms of coverage for disabilities caused by “accidental injuries” and “sickness” so it is important that your claim is correctly classified. A recent case by an endodontist disabled by advanced degenerative arthritis in her hands illustrates the tactics used by insurers to limit coverage. Chapman v.…
Being Disabled Does Not Require You to Stop All Activities In Order to Prove Your Claim
We are often asked by our disabled clients if they must stop all cease or limit their daily activities in order to prove they are unable to work in their occupation. The answer is no. Insurers do poke around, asking claimants on “Activities of Daily Living” forms questions such as…