We Have Recovered Over $100 Million In Claims For Our Clients
A federal appeals court has found that an insurance company should not have denied a short-term disability claim based on a clearly diagnosed hereditary disease without first ordering an independent medical examination (IME). In our last post, we wrote about the financial importance of short-term disability or STD benefits to a claimant who is unable to work.
The impairment
At Frankel & Newfield, PC, we represent people across the U.S. seeking disability benefits under long-term policies AND those with short-term disability insurance claims.
Short-term claims are important when missing even a few paychecks can weaken your family’s financial safety net and because if the disabling impairment lasts longer than the time limit of the short-term policy, you will need to make a claim under your long-term policy.
On February 26, the U.S. District Court for the Western District of Oklahoma issued a decision under the Employee Retirement Income Security Act, known as ERISA, in which the judge meaningfully interpreted the law casting favorable light on the claimant’s legal rights. The plaintiff had sought review of the insurer’s denial of her long-term disability claim under the policy offered by her employer and this opinion looked at an important issue of evidence.
ERISA is a federal law establishing standards and procedures for the insurance claim process under employee disability insurance policies obtained as part of employment benefit packages. ERISA is complex and an experienced disability insurance attorney can help protect a disabled claimant’s rights throughout the claim process and secure rightful benefits.
Unfortunately, many people who file claims for long-term disability insurance benefits - LTD - because of multiple sclerosis (MS) have their claims denied by the insurance company.
MS is a complex, progressive condition, which by its nature may be difficult to document and establish consistent deficits in functionality, sometimes due to the waxing or waning of symptoms. Engaging an experienced LTD lawyer early on in the claims process can greatly enhance the chances of timely and seamless claim approval.
At our law firm, we often represent claimants seeking long-term disability benefits under their disability insurance policies after sustaining orthopedic injuries or diseases that prevent them from performing the tasks of their jobs
These kinds of impairments require comprehensive medical evaluation and detailed documentation so insurance claim examiners have all the medical evidence they need to accurately assess disability and to prepare a file should an appeal be needed.
Here at the law firm of Frankel & Newfield, PC, we dedicate our entire practice to comprehensive advocacy for injured and ill employees across the country in their claims for benefits under long-term disability insurance policies. We are prepared to step in at any phase of a claim:
At our law firm, we regularly represent people in their long-term disability insurance claims based on heart disease or cardiovascular disorders, related to the heart or vascular system. These problems cause a variety of symptoms that potentially affect the ability to perform work activities as well as to tolerate work activity.
Develop the medical evidence
Depression can impair a person to the extent that he or she can no longer perform at work. When job tasks become impossible because of symptoms of depression, it is appropriate to file a claim for benefits under the person’s long-term disability or LTD policy.
Nature of depression claims
A recent case heard in the appellate court of Tennessee sends a chilling message to physicians or any licensed professionals who need to file a claim on their disability policies and have licensing issues which may impact their continued ability to practice.
Dr. Pogue, a physician who practiced in Nashville, Tennessee, owned three private disability insurance policies with Northwestern Mutual Life Insurance (Northwestern). He submitted a claim to Northwestern, stating that he suffered from a severe anxiety disorder, had experienced a total nervous breakdown and could no longer think clearly enough to practice medicine. He said that he had surrendered his medical license.
Here at Frankel & Newfield, PC, we represent doctors across the country when their disability insurers deny their claims or prematurely terminate their disability payments. The practice of medicine is both physically and mentally demanding, with long hours, stressful situations, life-and-death decision making and potential exposure to radiation and chemicals. For these reasons, unexpected disability and an interruption of salary is not unexpected.
Doctors can be financially vulnerable
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