Resources
While it can be difficult to obtain cognitive impairment disability benefits, it is definitely possible. Here are some tips to help you prepare your disability benefits claim. What Is a Cognitive Impairment? The majority of people who file for disability benefits do so for cognitive impairment-related conditions. Cognitive disabilities include difficulty focusing, inability to multitask, memory loss, and trouble making decisions. Cognitive impairment is caused by brain injury, stroke, a psychiatric condition such as depression, or the side effects of medication. Environmental hazards such as chemicals and pesticides can also cause cognitive impairments. Symptoms of a Cognitive Impairment The severity of cognitive impairment varies from mild periods of forgetfulness to significant impairment that results in an individual being unable to care for him… Read More
Chronic diverticulitis can be debilitating, but not everyone with this disease may qualify for long-term disability benefits. If you are wondering, "can I get disability for diverticulitis?" The short answer is yes, but it depends. What Is Diverticulitis? Diverticulitis attacks the digestive system and is caused by the formation of small pouches called diverticula along the intestinal walls. When these pockets become inflamed or infected they can result in severe abdominal pain, cramping, and bloating, as well as fever, nausea, and vomiting. The severity of diverticulitis can range from an acute occurrence to a chronic condition. Doctors are unsure of the precise cause of the disease, but many believe low-fiber diets may be partly to blame. If you suspect you have diverticulitis, see your doctor immediately. If the condition is left… Read More
If you are unable to work, you may be wondering if you are eligible for both unemployment and disability benefits. The answer? Rarely. Yet, some eligibility requirements may occasionally overlap. Eligibility for Unemployment In order to receive unemployment, you must claim to be unable to work. In Florida, you may file an application for unemployment benefits with the Florida Department of Economic Opportunity. Part of that application includes a claim that states you are able to work. You must be considered "ready, willing, and able to work" to obtain unemployment, according to the language used in the application. In addition to this, you must have lost your job due to no fault of your own. These requirements determine your eligibility… Read More
Has Your Condition Changed? How Do You Spend Your Day? What Are Your Symptoms? When Did Your Inability to Work Begin? What are Your Hobbies and Activities? What Are Your Plans to Return to Work? Have You Traveled Recently? How Long Can You Do Certain Activities?” What Kind of Treatment Have You Received? Do You Take Medication? If you receive a call or letter from your insurance company requesting an interview related to your long-term disability, don't panic. It doesn't mean you are about to lose your benefits or that your claim is about to be denied. An interview with an insurance company representative is not uncommon. In fact, up to 50% of claimants are interviewed. Nevertheless, you can prepare… Read More
If your employer’s insurance plan has denied your disability claim, your head is likely spinning with confusion. While ERISA disability claims regulations are designed to ensure that your needs are met, they can be very complex and make it difficult to obtain the insurance that you need and deserve. The Employee Retirement Income Security Act of 1974 was a piece of landmark legislation passed with the goal of protecting the benefits of workers in the USA. Since passed, there have been new ERISA regulations for disability claims and appeals added throughout the years. While the landscape of ERISA laws continues to evolve, the needs of individuals filing disability claims tend to remain the same. ERISA disability lawyer Claudeth Henry is…Read More
In the spring of 1992, I celebrated two major life changes: Graduation from law school and the arrival of our son, Avery – my law school baby. Here’s a photo the day I received my J.D. degree with our children – 6-month old Avery, along with Jason and Cortnei – and my ever-supportive Mom, Esmelin Clarke. It’s true. I gave birth to Avery while attending law school and two weeks after giving birth, returned to our class trial practice competition, which we won. That semester I also made the Dean’s list and won the Book Award in 2 classes. For all of this – I’m glad I was young! – my classmates honored me with: The Tenacity and True Grit…Read More
Denied his disability insurance claim four times, Dr. John Doe – ‘John Doe’ is a substitute for the real name of our client to preserve his anonymity – could have given up, but he didn’t. Luckily, he was referred to our firm and we began digging deep into how this 36-year old radiologist’s health condition ended a bright career and turned the tables on his insurance company’s denial. As a radiologist interpreting X-rays, MRI’s, and other types of medical imagining, Dr. John is a specialist, with more than a decade of medical education and training. As a diagnostic radiologist, Dr. John needs acute vision and cognitive functioning skills to perform his duties. Radiologists work weekends, evenings, and irregular hours and… Read More
Benefits – bennies – paid by your employer are hard to pass up, right? But, did you know that if your employer pays ANY of your disability policy premiums or you receive employer premium discounts, your policy can be converted into an ERISA case making it difficult, if not impossible to receive the benefits you deserve. Take the case of FRANK D’ELIA, M.D. v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Civil Action No. 15-3040, Slip Copy (2016). Dr. D’Elia, a urologic surgeon, purchased five occupation-specific disability insurance policies through Unum Insurance Company’s Flexbill program through his employer, where he received a premium discount. Unum’s sales representative assured Dr. D’Elia that these policies would protect him should he become unable to…Read More
There is no easy answer to this question because disability insurance is as complicated as any other question where medicine and law converge. Only doctors, physical therapists, and other medical professionals are qualified to give a medical diagnosis to their patients. Likewise, only lawyers who practice disability law are qualified to determine whether a patient meets the legal requirements to receive disability insurance benefits. Why? To Borrow A Status Line From Facebook: It’s Complicated! Disability insurance laws represent a web of intricate legal definitions combined with individual circumstances reflecting the patient’s present and future physical or mental condition. Even within the disability insurance context, there are state laws that govern individual private disability insurance policies that differ from federal laws…Read More
Death due to coronavirus exposure would almost certainly not be covered under an accidental death insurance policy. BUT – and here’s the tricky part – there CAN BE an exception depending on how and when the virus was contracted. The leading case reaches back to 1931 in Chase v. Business Men’s Assurance Co, 51 F.2d 34 (10th Cir. 1931). The case involved an accidental death claim brought by the insurer’s beneficiary. The insurer contracted typhoid fever as a result of drinking contaminated water. The court determined the plain language of the policy “does not cover death resulting from typhoid fever not caused or brought about by accidental bodily injuries, unless it was intended that the word ‘disease’ should not include… Read More