Legal Updates

You receive a letter from your insurance company advising you that your disability claim is denied or terminated.   After the initial shock wears off, here are the steps you should take to obtain your disability benefits. Step 1 – Do not request an appeal before you collect all necessary paperwork for your claim. All too often, one’s first reaction is to write their insurance provider telling them they have made a mistake and asking them to reconsider your claim.  While you will eventually speak to your insurance provider about your claim denial, you must first take these additional steps. [...]

Facebook, Twitter, My Space, etc. (collectively referred to as social media sites) are popular with people of all age groups. Long term disability insurance companies and their attorneys use these sites also, to get information about YOU. There may be valuable information about you on these sites that could severely damage your long term disability claim. […]

Frequently an insurance company that has been paying monthly disability payments to you will offer to cash you out. What this means is that in lieu of the future monthly disability benefit payments they will offer to fully discharge the future obligations by paying you a lump sum of money. You will receive a letter from them outlining what will be paid and how the amount will be calculated. Before agreeing to settle on this amount, several factors need to be assessed such as the present value of your claim; your statistical life expectancy; and the anticipated future interest rates. [...]

If you are receiving benefits under a Hartford disability policy then you should be aware of its recipe for denial. I have seen a consistent pattern of termination of benefits by Hartford. The strategy is to set a trap for the beneficiary that can be avoided if you are aware of the following. […]

You have applied for benefits under an employee benefit plan and you have received a letter from the insurance company or plan administrator informing you that your application for benefits is denied. Whether you are applying for disability, life, health or other benefits the letter advises you that you have a right to an administrative appeal or review of your claim. This article is about that process – what is an administrative appeal or administrative review; what are your rights and obligations; and generally how should you approach this process. […]

With all of the recent publicity regarding insurance companies denying or limiting claim payouts on homeowners’ policies, many people are asking how they can protect themselves from being a victim of their own insurance company at a time when they most need the protection. […]

In 1974, Congress passed a law that regulates your employee benefits. Known as ERISA (the Employment Retirement Income Security Act) this law covers your retirement, disability, health, life and other employment-related benefits. It details the responsibilities of your employer regarding your employee benefit plan, and it outlines the steps you can take if you believe your rights are being violated. ERISA is a Federal law. State laws will not apply since they are preempted by ERISA. However, if you are employed by a governmental entity then ERISA does not govern your employment benefits. (State laws of insurance “bad faith” may [...]