Archives for May 2022

Memorial Day is a nationally recognized holiday in the United States.  But what is Memorial Day?  A lot of people enjoy 3-day weekends, backyard barbeques, shopping sales and discounts, but do they understand what the day is actually all about?  If you answered that it is a day of appreciation for those who served in the military, that’s not quite it.  If you think Memorial Day is about veterans, you’re thinking of Veteran’s Day, which honors veterans and all of those who serve or served.  Memorial Day is a special holiday to honor and remember those who made the ultimate
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Mediation is a required step in the ERISA process, but what is it exactly? Mediation is somewhat similar to arbitration that you hear about in many services that you sign up for on a regular basis. The key difference is that at a mediation, a mediator speaks to both sides and helps them try to understand each other’s point of view or come to an amicable resolution, whereas an arbitrator will hear both sides and make a ruling. For the purposes of this article, we will explain mediation from the standpoint of how it works with regards to our practice
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When you suffer from a disability, it’s reasonable to assume there will be bad days and some days that are a little better, if not even considered good.  However, it seems that the disability insurance companies, private investigators who are conducting surveillance on you, some members of the general public, and perhaps even friends and family will forget that the good or better days don’t make up for the bad days, which far outnumber the good days.   The good days can still be bad So how does a good day turn in to a bad day?  A good day
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Client from South Pasadena, Florida came to us suffering from fatigue, dizziness, cognition issues, cardiac issues, thyroid issues, seizures, HTN, diabetes, and gout. Lincoln Insurance Company determined the client was not disabled from any occupation and could perform another job after having one of their physicians review the file and medical records from client’s treating physicians. Lincoln used a broad scope of other occupations they stated the client could perform, with pay ranging from approximately six thousand dollars ($6,000) per month to fifteen thousand dollars ($15,000) per month. Disturbingly, Lincoln suggested job titles such as Vice President of a corporation
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Disability insurance companies are not the ultimate authority on whether or not a claimant is entitled to received benefits.  Some people may feel like they do not have a valid claim for disability benefits simply because the insurance company denied their original application or their appeal.   The insurance company is not the final authority on your right to benefits It’s a fact that the insurance company does get to decide whether or not to pay your initial benefits.  They also have the decision during any appeals whether or not you will get paid.  However, this is known as the
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There are many law firms that offer representation based on a contingency agreement.  But what does this mean?  What is a contingency fee agreement and how does that work? What is a contingency fee agreement? A contingency fee agreement means that the fee you would pay to the attorney for their services is contingent upon something, usually some type of success.  With our firm, you will not pay a fee and we will not collect costs unless we get you money, whether that be a approval of benefits, a settlement, or winning your case in a lawsuit. How does a
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Approval of your LTD benefits usually comes with a clause that states “as long as you continue to meet the policy definitions of disability.”  But what does that mean?   What are policy definitions of disability? The policy definitions of disability are exactly what they sound like: what your specific policy defines as being disabled, the medical conditions for which the insurance company will pay, and how long the insurance company will pay for disability caused by those conditions.  Most disability insurance policies specify how long they pay for disability from own occupation (generally two years, sometimes shorter) versus disability
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Employment while receiving disability benefits sounds like a conflicting statement, doesn’t it?  However, many people go out of work and start receiving disability benefits and expect or hope to return to their job as quickly as possible.  Not only is the suffering from a disabling condition something that no one wishes for, but the desire to work and earn a living is important to a lot of people.  There’s also the benefit of health insurance and other employee benefits that may be lost if you lose your job.   Does an employer have to hold my job while I’m out
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Cremeens Law Group PLLC has successfully had another client approved in Spring Hill, Florida for disability insurance benefits. A client came to us suffering from medical conditions including degenerative joint disease, fibromyalgia, carpal tunnel syndrome, migraines, and microcytic anemia. CIGNA denied her claim based on their reviewing physician’s opinion that “pain is associated with fibromyalgia and exercise is encouraged to help reduce the pain.  Staying off work is not the standard of care for fibromyalgia” but then went on to state that the client worked in a sedentary occupation and the restrictions and limitations wouldn’t preclude her from being able
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WHAT SHOULD I DO WITH A DENIAL LETTER FROM A LONG-TERM DISABILITY INSURANCE COMPANY? You may be wondering what you should do if you find yourself in the situation where you have a long-term disability policy and have reached a point where you need to file a claim, only to have the insurance company give a denial on your claim. But what should you do next? And what’s this disability insurance thing all about? What is a disability insurance policy and what is it for? Disability insurance policies are most often seen as an employee benefit that is offered as
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