Frankel & Newfield, P.C.

We Have Recovered Over $100 Million In Claims For Our Clients

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February 2011 Archives

SHORT TERM DISABILITY CLAIMS FLAT DURING RECESSION - WHICH NUMBERS TO BELIEVE

A San Francisco based research organization, Integrated Benefits Institute, recently noted that the number of non-occupational short-term disability claims filed by employees during 2007, 2008 and 2009 were flat. The research was conducted because of IBI's perceived a lack of accurate information about short term disability claims. Another organization, The National Business Group on Health, released a report in January that surveyed 648 midsized and large employers and found that short and long-term disability claims declined at the same time that long-term disability costs surged during these three years.

February is American Heart Month - Heart disease is a leading cause of disability

Heart disease has now become the number one cause of death in the United States and is a leading factor in disability claims. Success in winning a heart disease disability claim requires, among other factors, a documented record of being under the care of a cardiologist or primary care physician or cardiac surgeon. Without it, the disability insurance company claims adjuster will be skeptical about the validity of a cardiovascular or heart attack disability claim.

Hartford Reinstates Client Suffering from Chronic Fatigue Syndrome

We are thrilled that Hartford has decided to overturn its decision to terminate our client's long term disability insurance claim, reversing that decision and reinstating her long term disability insurance benefits. Our client suffers from Chronic Fatigue Syndrome, Fibromyalgia, and other conditions, which impacted upon her ability to work as a Speech Pathologist.

Disability insurance denials - is your claim in one of these categories?

We were surprised to see that UNUM openly admits to denying almost 10% of all the claims it receives. After all of the years we're in the disability claims area of law, we think it's a bit higher than that. An article originally appearing in Smart Money reports that musculoskeletal injuries - and back pain in particular - sends a big red flag to claims representatives, as do pregnancy related claims and carpal tunnel syndrome. The biggest challenges we see in our practice are mental health claims. The problems are multi-faceted: while recognized as an illness, you can't quantify depression and cognitive impairments from depression are often difficult to measure. Their subjective nature makes it even harder to see on an x-ray or MRI. And because most disability insurance policies limit mental/nervous claims to two years, the claims are problematic to begin with. Fighting with an insurance company to obtain benefits, when you are too depressed to leave the house, is something that no one should have to do alone.

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Frankel & Newfield, P.C.
585 Stewart Avenue
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Garden City, NY 11530

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