For Michigan residents whose disability insurance benefits have been denied, delayed or terminated, Frankel & Newfield can help at all stages of a claim.
Michigan borders on Canada, and the Detroit-Windsor international border is one of the busiest borders between the United States and Canada. Best known as the center of America’s auto industry, Michigan is a study in dramatic contrasts. With major urban centers including Detroit, Flint and Grand Rapids built around automotive manufacturing, Michigan also features more than 11,000 lakes, pristine wilderness areas and vast stretches of farm land. The University of Michigan attracts students and professors from around the world as a leading university, known as much for its "Big House" football program as for its engineering and medical schools.
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When Michigan residents have problems with their disability insurance policies, they can rely on Frankel & Newfield to represent them. Justin Frankel and Jason Newfield are both experienced with the legal challenges concerning residual benefits.
Residual, or partial disability, is a provision that is contained in many, but not all, disability insurance policies. This is another reason why Frankel & Newfield recommend that before anyone files a policy, they locate the original copy of their disability policy. The residual benefit means that if you are not totally disabled and are able to perform one or more of the tasks of your job, then you may be entitled to part of your benefits.
Here’s an example of how residual benefits works. If a neurosurgeon who is also actively involved as an owner of a surgical practice suffers a hand injury, the surgeon can no longer perform the duties of a neurosurgeon. The surgeon can still function as a business owner in a management capacity, but the income level will be significantly reduced as a result of the disability.
The insurance company will conduct an analysis of the percentage of the income that is lost as a result of the disability. Depending upon the language of the policy, and the percentage of income that is lost, the insurance company will determine the amount of the residual benefit to be paid.
In our experience, residual benefits are always a challenge. The value determined by the insurance company of the person’s income is often not the same as the value placed on it by the insured. The insurance companies often take advantage of the policyholder’s reluctance to open up the books of the business, or request a far over-reaching amount of financial information in an effort to find a reason not to pay even the residual part of the claim. Our firm has successfully represented many individuals in Michigan and other states with partial disability benefit issues.
If you have suffered an injury or are unable to perform some of the duties of your occupation and are experiencing a drop in your income, you may wish to consider filing for partial disability benefits. Depending on the language in your contract, the benefits could make up for the missing income and allow you and your family to continue to enjoy the same lifestyle as you did before you became partially disabled.Ready To Talk?
Justin Frankel is a founding partner of the disability insurance law firm Frankel & Newfield and is a highly skilled litigator and advocate. He has published numerous articles on the challenges facing clients with private or individual disability insurance policies and those who own group or ERISA disability insurance policies.
FILING A DISABILITY INSURANCE CLAIMSecrets the Disability Insurance Companies Don't Want You to know!
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