It can be somewhat confusing for most people to determine whether their long-term disability insurance benefits are taxable. Disability benefits may or may not be taxable depending on who made the premium payments and whether those payments are deductible. Social Security disability insurance (SDDI) benefits may be taxable; the IRS provides further explanation of when […]

Did you suffer a disability? Are you unable to work in any capacity, or can you work in some occupations—just not in the same profession as before the onset of your disability? For most insurance companies, whether you qualify as partially or totally disabled is determined by the specific language in the policy. Your level […]

A common thread among individual and group disability insurance policies, particularly for private insurers, is the explicit or implicit requirement of physicality for disability claim approvals. Sometimes, this requirement is made explicit by the policy’s language, which may categorically exclude mental disorders and conditions. Other times, this need to list a physical illness or injury […]

Prior to the COVID-19 pandemic, nursing was already one of the most sought after professions in the United States, and in 2019 ranked as the third-most in-demand of any job. Unfortunately, the profession faces some hurdles which might indicate trends in new and mounting disability claims. As seasoned nurses continue to age and populations rise, […]

The National Alliance on Mental Illness (NAMI) reported that 1 in 5 U.S. adults – 51.5 million people – experience mental illness each year, but less than half get treatment. Mental illnesses are estimated to cost patients almost $200 billion in lost earnings per year. Since the pandemic began, DarrasLaw has seen a rise in […]

Basic disability monthly benefits are the same under most individual or group long-term disability insurance plans—that is, you should receive income-replacement payments if you are sick or injured and rendered either totally or partially disabled. Each individual or group long-term disability insurer will draft specific contractual language that will govern your claim. While it is great to […]

We previously discussed the requirements and timeline for litigating an individual long-term disability (LTD) insurance or group ERISA claim. We know the basic prerequisites for filing, why you must not file too soon and how a disability lawyer can really help. Now we can review the statute of limitations on ERISA claims and the consequences […]

Congress passed the Employee Retirement Income Security Act (ERISA) in 1974 to help regulate retirement plans that employers offer to their workers. It was a well-intentioned law that was expanded to cover health, disability, and other insurance plans. ERISA now sets minimum standards that your retirement and other insurance plans must meet to provide workers […]

Collecting long-term disability insurance benefits presents challenges you may not have expected. Many assume that their disability benefits provider will pay out when you have a documented disease. Unfortunately, many also find out that the insurance company holding their individual or group disability policy does not want to pay out benefits when the policyholder needs […]