Disability Insurance Lawyer Blog

Disability Intervention Solution Designed to Target Psychosocial Risk Factors in Recovery

Yes, you read that headline correctly. A new program has been launched based on research showing that “psychosocial barriers to recovery” account for more than three times the variance in the ability of claimants to recover from injuries. And while this particular program is being targeted to Workers’ Compensation cases, it may be just a matter of time before this program, or something similar to it, shows up in the world of Long Term Disability insurance claims. We’ve got nothing against anything that will get people who are able-bodied to get back to work after an injury. What bothers us is what appears to be a thinly-veiled accusation of malingering. We don’t actually know what “psychosocial barrier identification” means, but in our long years of experience with disability insurance companies, we do know that it’s never a good thing when they start slinging jargon. Here’s...
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Depression in the workplace – a huge challenge

Depression and anxiety are among the most challenging disability claims we handle, often even tougher than Fibromyalgia and Chronic Fatigue Syndrome (CFS). Not only does depression raise a red flag for claims adjusters, benefits are severely limited under most disability policies. Two years is usually the length of time that benefits will be paid under the “mental/nervous” category. This is a multi-edged sword for sufferers, and one we have battled often. Accordingly to a survey conducted by Employers Health, self-described as an employer coalition, 23% of respondents indicated they had been diagnosed with depression in their lifetime, and 40 percent of those reported taking time off from work – about 10 days per year. Yet more than half – 58% - did not tell their employer that they suffered from depression, with nearly half of that group feeling that their jobs would be at risk if...
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Biggest Complaints About Insurance Companies – Their View, And Ours

Well, it is now official: the biggest criticism of the life and health insurance industry, according to a study by Wolters Kluwer, is its failure to acknowledge, pay, investigate or deny claims within specific time frames. We could have told you that, but it’s nice to hear it from a massive global publishing, information and technology company. Second most common criticism is the insurance business’s failure to adhere to advertising requirements. Here’s where we beg to differ. The average consumer doesn’t care a hoot if their insurance company adheres to requirements that have been set by regulatory agencies. The bigger, more important issue, and the one that we find most ironic, has to do with the huge disconnect between the branding strategies that these companies spend millions on, and the actual policy owner experience when a claim is filed. If you’ve been watching broadcast TV or seeing ads on the internet in...
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Brain Scans from Chronic Fatigue Syndrome (CFS) Patients Show Clear Difference

In what may be game-changing news for patients suffering from CFS, researchers at Stanford University have proof positive of physical differences between the structure of brains in CFS patients and healthy individuals. The study was published in Radiology and is likely to refute decades of skepticism about whether or not CFS is a real disease. CFS is estimated to affect somewhere between 1 million and 4 million Americans. They expected to see a decrease in white matter, a part of the brain made up of long white fibers that serve like cables to connect nerve cells. But they also saw abnormalities in a bundle or tract of nerve fibers located in the right hemisphere. This particular nerve tract connects the frontal and temporal lobes of the brain. It is known to play a part in language on the left side of the brain, but its role on the right side...
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