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New Jersey Disability Lawyer Blog

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Long Term Disability Claims Are Under Renewed Scrutiny By Disability Insurance Companies

Recently our firm has seen a significant upsurge in disability insurance companies including Hartford, Cigna, Aetna and Unum suddenly denying long term disability claims that have been paid for many years.  It is the burden of the disabled claimant to remain under medical care for their disabling condition and to…

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Disability Appeal Deadlines Tolled Due to COVID-19

The Department of Labor Employee Benefit Security Administration just established by Federal Regulation an extension of certain timeframes under ERISA for group health plans, disability and other welfare plans during the COVID-19 National Emergency.  On March 13, 2020, the government declared a National Emergency Concerning COVID-19 in effect as of…

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How to Overcome Disability Insurer Roadblocks To Continued Benefits

The disabled must navigate the maze of insurers’ roadblocks to maintain their disability benefits often when they are too ill to tend to the demands of the insurers.  Insurers aggressively find ways to deny the payment of bona fide disability claims.  Over a decade ago, the Supreme Court recognized that…

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Disability Insurance Companies Evaluate Occupations Based on “National Economy” Rather Than The Claimant’s Actual Job- Is This Permitted?

Common thinking about disability coverage would cause the average individual to expect that if they become unable to perform the specific duties of their occupation, they would qualify for disability benefits.  For example, if your employer requires you to travel for your occupation, then if you cannot perform this essential…

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Courts Rule That Deadlines for Disability Insurance Company’s Review of ERISA Appeal Cannot Be Extended

We regularly file appeals of disability insurance denials of long term disability claims.  Our clients are bound by ERISA regulations which require that all appeals must be filed within 180 days of the insurance company denial. We meet with our clients as early as possible following their receipt of the…

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Disability Case Spotlight: Considerations for Determining the Initiation Date of Disability To Maximize Benefits

This is the first in a series of articles designed to showcase various topics related to disability claims that are particularly relevant to medical professionals.  When a client seeks our assistance regarding their need to file a disability claim under an insurance policy, we first determine when they became disabled. If…

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Important Treatment Requirement For The Disabled

Many individuals with chronic permanent medical conditions reach a level of treatment that is palliative, that will not improve their symptoms or effect their prognosis. Continuing to visit a medical provider to monitor your condition  that does not provide any medical benefit may seem pointless, and can use up valuable…

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Doctors/Lawyers and Other Professionals Risk Losing Disability Coverage Upon License Suspension/Revocation

Disability policies contain a provision explaining that coverage will not be extended for a claim based on a “legal disability.”  Legal disability relates to the individual’s eligibility to work due to necessary licensing, such a financial advisor (Series 7 license), lawyer (bar license) and physician (medical license).  What happens when…

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Federal Appellate Court Restricts Disability Insurer, MetLife’s Application of its Limitation of Long Term Disability Related to Back Condition

For those of us handling long term disability claims for people suffering from chronic back conditions, a clause in the MetLife LTD policies has caused us much tsuris (Yiddish word, “worry”). Their policies contain a limitation for “neuromuscular disorders” providing coverage for only two years for disorders of the spine unless…

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