That’s the ruling in the recently released United States Fifth Circuit Court of Appeal case of Lauren Bray v. Fort Dearborn Life Insurance Company (No. 07-11001 filed March 9, 2009). The Fifth Circuit upheld the District Court’s opinion that Fort Dearborn’s decision to stop Bray’s “own occupation” long-term disability benefits was an abuse of discretion in this ERISA benefits…
Continue Reading Disability Post»
Following up on our 9 part series of What You Need To Know Before You File Your Long Term Disability Claim, here is a list of 8 Actions You Should Do (plus 1 you shouldn’t) Before You File For Long-Term Disability Benefits: 1) READ your long-term disability insurance policy; 2) TALK to your doctor about…
Continue Reading Disability Post»
You will be trying to get money from a long-term disability provider that wants to keep it. They have employed and trained people to put you at ease and lull you into a sense of ease. The trained staff will appear to be helping you fill out the forms and gather information. Do not fall…
Continue Reading Disability Post»
This is our next to last installment of What You Need to Know Before You File Your Long-Term Disability Claim. We will focus on the importance of stopping work on the correct date. There are a few reasons why the date that you can no longer work due to disability is important. Two very specific…
Continue Reading Disability Post»
This is # 7 in our series of What You Need to Know before You File Your Long-Term Disability Claim. We will discuss the importance of the onset date (OD) of your disability. The OD of your disability is simply the date that your disability begins and you are no longer able to work. Simple,…
Continue Reading Disability Post»
You don’t have to feel like you are on an island. Your family and friends are there for you if you ask. While these understanding and caring individuals can help you through the emotional toll a disability brings to bear, they can also help your disability benefits claim. They are always around you and have…
Continue Reading Disability Post»
The battle against disabling illness or injury is often lonely and long. Your disability has left you unable to do little things like walking to your mailbox without losing your breath. And the pain you suffer from doing simple things like cooking dinner is hard to explain. But the question is whether or not you will remember to note…
Continue Reading Disability Post»
In order to be considered disabled under most long-term disability policies, you must not be able to perform (some, most, all, each and every – depending on your policy) of the substantial and material duties of your job/occupation. Do you know them? All of them? If not, find out and start keeping track. A good…
Continue Reading Disability Post»
I have not seen a long-term disability policy that provides 100% of your pre-disability wages during the period of disability. Most policies provide either 60% or 66-2/3% of your salary as a benefit. A long-term disability will force you to cut back on your expenses just to get by. To make matters worse, you may not actually…
Continue Reading Disability Post»
Until your doctor supports your long-term disability claim, you do not really have a claim. Winning long-term disability benefits even with a doctor is difficult. Without doctor support and supporting medical records, impossible. Talk to your doctor. Make sure she knows that you are filing for long-term disability. Your doctor needs to support your disability. …
Continue Reading Disability Post»
Copyright © 2013 Louisiana Disability Law | Disclaimer