PRE-EXISTING PROBLEM MUST SUBSTANTIALLY CONTRIBUTE TO DISABILITY

Posted December 30, 2017

A disability insurance policy financially protects the policyholder by making wage replacement payments, usually at the level of two-thirds of earnings, if the person cannot work because of disability. Many disability policies have a pre-existing condition clause, which excludes coverage if the insured has been seen for a medical condition during a determined timeframe called […]

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DOL REGULATIONS ON GROUP DISABILITY CLAIMS TO BE DELAYED

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In September, we discussed changes in federal regulations that will revise how employer-sponsored disability plans will handle claims and appeals. These regulations, issued by the United States Department of Labor (DOL), apply to plans that fall under the Employee Retirement Income Security Act (ERISA). These changes – scheduled to take effect January 1, 2018 – […]

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NEW JERSEY FEDERAL COURT EXAMINES OWN-OCCUPATION POLICY CLAIM

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In October 2017, a U.S. District Court judge in New Jersey issued a blistering opinion, finding that a disability insurer had been arbitrary and capricious in the termination of disability benefits. At the time of denial, the insurance company had already paid benefits for seven years under an own-occupation disability insurance policy. The unpublished opinion […]

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FILING A DISABILITY CLAIM FOR PARKINSON’S DISEASE

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Did you know that nervous systems disorders like Parkinson’s disease are a leading cause of long-term disability claims? Approximately 60,000 Americans are diagnosed with Parkinson’s disease each year, and this estimation does not include the thousands of cases that go undetected. Over time, this disease is known to make daily living – and working – […]

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Understanding Alzheimers Disease as a cause of long-term care claims

Posted November 17, 2017

The need for long-term care is expected to rise. According to the U.S. Department of Health and Human Services, 70 percent of people who reach age 65 will need LTC services at some point in their lives. Even more troubling is the prediction that the prevalence of Alzheimer’s will rise as well. More than five […]

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DISABILITY: IT’S NOT JUST FOR “THEM”

Posted November 11, 2017

Many things in life are difficult to comprehend until we experience them first-hand, specifically, suffering a disability. Being disabled is one of them. It is easy to think of disability as something that happens to other people or “them” until you or someone you care about becomes disabled is affected by it. Disability is much […]

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TACKLING DISABILITY CLAIMS INVOLVING CONCUSSIONS

Posted November 1, 2017

Football season welcomes stadiums, bars and homes as they fill up with fans eager for the kind of knockdown, drag-out action that can only come from the gridiron. Football enthusiasts cheer their favorites and jeer their rivals, both for their crushing tackles. What is becoming more difficult to overlook is the long-term effects of those […]

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PENNSYLVANIA SUPREME COURT CLARIFIES TEST FOR INSURANCE BAD FAITH CLAIMS

Posted October 30, 2017

DarrasLaw’s experienced attorneys vigorously advocate for clients across the country to resolve disability insurance claims that have been wrongfully delayed or denied, potentially in bad faith. The definition of bad faith behavior on the part of an insurer is largely a question of state insurance law. The legal concept of bad faith Certain words come to mind […]

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Should You Consider an Individual or Group Long-Term Disability Insurance Policy Buyout?

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If you filed an individual or long-term disability insurance claim that your insurer approved and you have been on claim for more than one year, your insurer may offer you a one-time, lump-sum payment—as opposed to continued monthly payments. Lump-sums are enticing. They provide you with a sizeable amount of money upfront, and they immediately […]

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COMMON CAUSES OF LONG-TERM CARE INSURANCE CLAIMS

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According to the U.S. Department of Health and Human Services, 70 percent of Americans who reach age 65 will need LTC services at some point in their lives. Unfortunately, many Americans underestimate the likelihood of developing a disability or chronic condition that requires long-term care, and therefore do not acquire long-term care insurance. Lincoln Financial […]

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