Long-term disability (LTD) insurance can provide a portion of lost income in the unfortunate event you become disabled and unable to work. Most people obtain LTD insurance as an employee benefit through their employment along with other employee benefits like health insurance, dental, vision, and other benefits. These cases ar ...
If you become disabled and go out of work, you may have a disability insurance policy from which you expect to collect benefits. Many people in this position discover the disability insurance policy does not pay exactly the way they expected. Instead of simply calculating their benefits as the percentage of what they used to make t ...
Understanding what ERISA disability insurance claims are, how ERISA claims are governed, and how disability insurance companies think when approving or denying claims can make a difference. Reading this article may give you the motivation to keep going if you receive a denial of your long-term disability benefits. Disability Insurance Be ...
How do your doctor visits and long-term disability go together? Discussions with your doctor often include the reason for your visit, how you’re doing overall, and treatment plans. The more issues or ailments you suffer from, the more in-depth these conversations tend to be. It’s surprising then, how often we learn that clients have nev ...
How do I know when it is time to go out on disability? How do you know when it is time to go out on disability? Occasionally people come to us who haven’t yet filed for disability insurance benefits because they are still working and considering applying. They often ask how to know when it is time to go out of work on disability. We generally re ...
Obtaining your disability insurance policy. When you sign up for a disability insurance policy, you are usually given some information about your disability insurance benefits. Many people don’t review their disability insurance policy, the same way most of us accept user agreements without ever reading them. In fact, most people don’t even keep ...
4 Important Tips for Disability Insurance Clients Find 4 important tips for disability insurance clients who hire a disability insurance attorney to represent them below Fill out information completely and accurately: When your attorney sends you a fee agreement packet, there will usually be some forms to complete asking for information abou ...
Disability insurance approval in Melbourne, Florida Another approval, this time in Melbourne, Florida. Client came to us suffering from lymphedema, lipomatosis, history of a failed laminectomy, sleep apnea, as well as other conditions. One of the unique aspects of this case was that the denial letter stated that the client was not disabled from a ...
Disability insurance approval in Pompano Beach, FL Another client approved, this time out of Pompano Beach, Florida. Client came to us suffering from IBS, post COVID-19 problems, hearing loss, arthritis, type 2 diabetes, and anxiety. The insurance company denied the claim stating that the medical information did not provide evidence of a severity ...
Disability insurance approval in Holiday, Florida Another approval for short and long-term disability insurance benefits, this time out of Holiday, Florida. Client came to us suffering from three types of aphasia, pursuant to a stroke, with right side weakness, and ulcerative colitis. The insurance company denied the short-term claim based on lack ...
The Disability insurance company is denying my claim If your disability insurance company has told you they are denying your claim, they may say the denial letter is in the mail. You should ask them if they can email the letter to you. Historically, we have found that when the disability insurance company tells you they are mailing something, it’ ...
Transitioning from short-term disability to long-term disability The transition from short-term to long-term disability may flow seamlessly, but that is not always the case. Some disability insurance policies and companies require that you complete your short-term disability term before consideration of a long-term disability claim. Some companies ...
Did you know there’s an easy way to figure out how much your LTD policy would be worth after a social security offset? We can walk you through a way to figure out how much your net LTD would be after calculating any social security disability money you may receive if you are approved for SSD. What is an SSD offset? Your disability in ...
If you were receiving disability insurance benefits on a regular basis, where was your money going? How were you receiving the money? Did you receive a check? Were you receiving direct deposit? As long as everything is going well and you are receiving your benefits, then chances are you don’t have a problem. But if you were receiving benefits ...
Approval in Ft. Pierce, FL Another approval, this time out of Ft. Pierce, FL. Client came to us with a denial of benefits from MetLife, suffering from medical conditions including Right side immobility, impaired cognition and memory, sleep apnea, hypertension, diabetes II, and a cardiac condition requiring a heart monitor. The disability insuranc ...
Discussions with your doctor often include the reason for your visit, how you’re doing overall, and any plans for treatment that may be important. The more issues or ailments you suffer from, the more in-depth these conversations tend to be. It’s surprising then, how often we learn that clients have never discussed their disability or disability ...
Is Long COVID a Disabling Condition? By now, we are all familiar with what COVID is. Many of us have probably had it. All of us have experienced by-products of it in some fashion or sense. However, some people may still be suffering from the effects of COVID that are ongoing. This is sometimes referred to as long COVID or post-COVID conditions, ...
Approval in Stuart, Florida We got another client approved for disability insurance benefits, this time out of Stuart, Florida. Client came to our office with a denial of benefits from Lincoln Financial. The insurance company denied benefits based on no medical evidence in support of claim. The insurance company claims they made 3 separate reque ...
The disability insurance company isn’t automatically right The insurance company said it, but does that mean they’re right? A former client came to us with a letter stating that his benefits had been denied since 2017, despite the fact that we had gotten his benefits reinstated and paid for the past five years. The letter also stated t ...
Fibromyalgia as a disabling condition Fibromyalgia (fibro) is a condition that we frequently see among the disabling conditions preventing our clients from being able to work. The Mayo Clinic defines Fibromyalgia as “a disorder characterized by widespread musculoskeletal pain accompanied by fatigue, sleep, memory and mood issues. Researchers belie ...
Approval in Brandon, Florida Client from Brandon, Florida came to us suffering from multi-level herniated disks with nerve impingement, concussion, headaches, impaired cognition, carpal tunnel, thoracic sprain, as well as other medical conditions. The insurance company denied the claimant based on the file review, a reviewing neurologist’s o ...
Approval In Spring Hill, Florida Cremeens Law Group PLLC has successfully obtained another client approval in Spring Hill, Florida for disability insurance benefits. A client came to us with conditions including lupus, autonomic dysautonomia, severe migraines, orthostatic dyspnea, among other issues. Despite medical evidence provided to the ...
Medications can be expensive, even with insurance. Perhaps more on the side of personal advice rather than legal advice, if you have a prescription for a medication that works for you, get your refills while you can. There can be several reasons you should do this, but we are specifically referencing medications that you need or that work for you ...
A lot of companies, including the insurance companies, still have employees working from home. So what does that mean for you? It means that your claim administrator, appeal administrator, or anyone else associated with your claim may not be working in the same office environment. Tasks that used to be done faster may not get done quite as quick ...
Flag Day is June 14 in the United States. While this holiday isn’t necessarily celebrated as jubilantly as others, it still marks a historical day in our history when the flag was adopted by the Second Continental Congress, uniting the colonies under a single flag. If you are displaying a US flag in recognition of flag day, here are a few h ...
What is the difference between social security disability (SSD) and long-term disability (LTD)? Social security disability is a government program that is paid in to with your work credits. You know when you get a paycheck and see what has been taken out? The part that says FICA is paying in to social security for either your retirement or if yo ...
What’s the number one thing to know about your disability policy? What should you do if you are denied? How can you have any idea whether a denial was justified or not? You should start by looking at your policy, sometimes referred to as plan documents. What are plan documents? Remember that day when you elected what benefits you wanted t ...
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 ...
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 ami ...
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 wil ...
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 rec ...
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 ...
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 ty ...
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 medi ...
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 ...
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’ ...
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 d ...
Some Benefits of Working with Cremeens Law Group PLLC When you call a business, there are certain things you appreciate as a customer or client, like avoiding unnecessary frustration – particularly when your issue is being unable to work due to a medical disability compounded with a wrongful denial of disability insurance benefits. This is ...
Have you ever played a game of ping-pong? The game where you hit the ball back and forth? A somewhat frustrating development in the world of disability insurance appeals has emerged due to the recent revision of the federal regulation implementing ERISA, the federal law that governs most long-term disability claims, 29 CFR § 2560.503-1. The revisio ...
Do you need benefits from a 2021 Long Term Disability policy? Were you receiving short-term disability from a disability insurance company in 2020? Were you expecting your claim to transition from short term to long term at the end of your short-term disability period, only to find that the insurance company doesn’t find you incapable of working? ...
Return To Work Ultimatum People go out of work for any number of reasons: disabling medical conditions, family crises, COVID-19, and other leaves of absence. However, sometimes your employer issues an ultimatum: return to work or lose your job. At this point, a consultation with an attorney can often prove valuable. If you are medically unable t ...
COVID-19 Deadline Extension COVID-19 has been a dark cloud in 2020, but for ERISA disability insurance claimants, there is a bright silver lining: A new federal rule provides that ERISA disability insurance filing deadlines which occur after March 1, 2020 are suspended during the “outbreak period” until 60 days after the COVID-19 National Emergency ...
ADMINISTRATIVE EXHAUSTION If you see the words “administrative exhaustion” or “you have exhausted your administrative remedies” at the end of a letter from a disability insurance company you may wonder what this means. Disability insurance polices governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) require that a disability i ...
If you have a disability insurance policy and have been unable to report to work due to being diagnosed with covid-19, or medical issues that put you in an at-risk group, you may be entitled to disability insurance benefits. The CDC has said some people are at higher risk during the pandemic, including those suffering from asthma, chronic lung dise ...
Helpful Information For Our Disabled Clients Florida residents who own a home and are totally and permanently disabled may be eligible for a total permanent disability tax exemption. Visit the Florida Department of Revenue’s website and print out form DR-416 for your doctor to complete. Once complete, retain the original for yourself, and either ...
Friday, March 6, 2020 is national employee appreciation day. As the vast majority of all our clients obtained their policies as an employee benefit, we salute and appreciate all of you. We know you would rather still be in the workforce. Your work as employees in the past has enabled work for our employees in the present. We appreciate the oppo ...
Cold and Flu Season and 2019 Wrap-up As we enter cold and flu season, it’s important to remember that while these bacterial and viral infections are often considered minor or temporary, it could be problematic or serious for someone who is disabled and has other factors that are compounded by the sickness. Please remember to wash your hands correc ...
November 13 is World Kindness Day. Stop and take a moment to think of a way that you can be kind to someone. Think of a way to put someone else first. We get busy in life and sometimes fall prey to putting ourselves first above all else. Isn’t it ironic that world kindness day falls so shortly after Veteran’s Day — a day that honors those ...
Hurricane Dorian is approaching Florida. You can see the response with a quick trip to the local stores in the area — empty shelves where bottled water used to be, crowded lines, and people stocking up on food and batteries. This can be attributed to fear or the need to prepare for a worst-case scenario. Some simple things like a battery-po ...
One of the questions that we hear a lot is, “Do I have a strong case?” or “What do you think of my case?”. This question often comes at the beginning of our interaction with a potential client or after we have gathered enough medical evidence to support an appeal. Any firm that offers you representation on a contingency fee basis is predicating i ...
It’s no surprise that the leading causes of death in the United States can also be causes of a long-term disability insurance claim. If you have a disability insurance policy and are suffering from heart disease, cancer, an injury due to an accident, chronic lower respiratory disease, stroke, Alzheimer’s disease, diabetes, kidney disease, septicem ...
Small business Saturday will be on November 24, 2018. Cremeens Law Group PLLC definitely qualifies to take part in the celebration of small business success. Cremeens Law Group PLLC is a small firm that started in 2003 and has 5 employees (including the attorney). This allows us to treat all our clients as individuals and know and address them by ...
Today is Love Your Lawyer Day! To celebrate, and share the love, we’re posting a short piece about our managing partner of Cremeens Law Group PLLC, William S. Coffman Jr. Let’s talk about our lawyer, William Coffman. Mr. Coffman started Cremeens Law Group PLLC in 2003 and has practiced disability insurance litigation, primarily under the ERI ...
Do You Have Unclaimed Money? Ready for a treasure hunt? Most of the clients we represent are amidst one of the biggest financial struggles of their lives. We have made a separate BLOG article with ideas on how to save money and get through the tough times. But we would also like to direct our Florida clients to a website to check and see if ther ...
Contingent on Contingency A contingency fee agreement means that the attorney only gets paid if they obtain money for you. When it comes to ERISA disability law, signing a contract with a lawyer willing to work on a contingency basis has certain advantages. ERISA disability cases are governed by a federal statute that controls the amount of ...
Some people believe that if they are awarded disability benefits from a private insurance company that their responsibility to continue to prove they cannot work is over. However, the duty to provide medical evidence doesn’t end on approval. The insurance company will want continued proof that you are unable to work. This requires updated ...
Appealing a Disability Claim Appealing a disability claim should not be just a matter of sending in a letter that says, “I appeal”. The disability insurance company may render a final denial based on the reasons set forth in the original denial letter. While you can find a list of reasons we have compiled as to why your claim may have been denied ...
Happy 4th of July 2018! 4th of July 2018 falls on a Wednesday this year. While you kick back with friends, family, loved ones, or even by yourself, please be careful so there is not a need to open a new disability claim! The good news is that we’ll be open and ready to help the next day if you need us. Wishing everyone a Happy Independence Day fr ...
9 Reasons a Disability Claim May Have Been Denied. There are many reasons a disability insurance company might deny your application for benefits. Here is a list of 9 reasons a disability claim may have been denied. This list is not fully inclusive, but includes some of the common reasons we see. If the insurance company has closed the door on yo ...
Cremeens Law Group PLLC Celebrates International Women’s Day March 8 is International Women’s Day. We are celebrating International Women’s Day and acknowledging all the social, economic, cultural and political achievements of women. At Cremeens Law Group PLLC, our workforce is 60% driven by women, with our paralegal in her final ...
DISABILITY CASES UNDER THE ERISA STATUTE ERISA litigation can be challenging. You don’t get a jury – your case is generally heard by a federal judge. There is usually no live witness testimony – your case is generally heard on what is called a closed administrative record, meaning only the documents the administrator has upon making a final decisio ...
SHOULD I FILE FOR DISABILITY? I have a disability policy that I’m paying in to out of my paychecks every week at work. I don’t feel well and I think I would like to stop working and try to open a disability claim. Should I call an attorney to see if I qualify for disability? Do these apply to your situation? Are you considering applying for ...
THAT’S SOME CATCH, THAT CATCH-22 Approved for social security, but denied on your long-term disability claim? Welcome to the catch-22. Catch-22 is the title of a novel written by Joseph Heller in 1961. It refers to a paradoxical rule which prevents any successful resolution. Insurance companies sometimes take this approach to social security dis ...
Labor Day 2017 will be on September 4, 2017. While the United States sits back, relaxes, and remembers the American labor movement and all working people, our office will also be remembering our clients. All of our clients used to work at one point, and all of them would still be working if they could. So cheers to all those who can still work, a ...
Solar Eclipse – From Wikipedia: On Monday, August 21, 2017, a total solar eclipse will be visible in totality within a band across the entire contiguous United States; it will only be visible in other countries as a partial eclipse. The last time a total solar eclipse was visible across the entire contiguous United States was during the June ...
If a person makes a claim within a certain period after obtaining disability coverage (usually within the first year, but every policy is different and has its own language which governs pre-existing conditions) then the insurer will look to see if the person was treated for the same medical condition during a period called the “look-back period” ...
Love and Disability – It’s Not Easy Love and relationships are challenging enough as it is. Becoming disabled can create untold pressure on people. Losing one’s ability to work can impact identity. Many disabling medical conditions involve chronic daily pain, while some impact mobility. Many medications have side effects. Some di ...
What happens when the insurance company gives you a final denial on your claim? When the insurance company issues a final denial in the administrative process, it’s time to file suit. Clients often come to us while still in the administrative process with the insurance company. This means the client still has at least one more appeal to the ...
Is Working Allowed While My Appeal Is Considered? Working while applying for or receiving disability is a topic we are sometimes asked about. This question is best answered in layers. First and foremost, we get it. We know that it is difficult to go months with zero income. We understand that sometimes you have to do what you have to do to make ...
Happy Independence Day from Cremeens Law Group PLLC Cremeens Law Group PLLC is a litigation law firm in Tampa, Florida that handles cases which usually fall under the ERISA statute for short-term and long-term disability insurance policies. When someone works for an employer, they are sometimes offered multiple benefits such as health insurance, l ...
You just found a magical genie lamp. Make a wish! If you could have anything you wanted, what would you wish for? Wealth? Love? Fame? We know the answer to this question for nearly all of our clients and people who contact us. If they had one wish, it would be for their health. Be thankful every day for what you have and for your health. Ou ...
All Gave Some, Some Gave All. On this Memorial Day, Cremeens Law Group PLLC honors the memory of the men and women of the armed forces who laid down their lives in the service and defense of our country, offers our deepest condolences to the families and friends they left behind, and expresses our sincere appreciation to all who served our nation t ...
Be sure you are comfortable with the doctor you have chosen. Read some reviews on the doctor to see if other patients like you have had successful outcomes. Have a good idea of what to expect after the procedure. It is usually much easier to prepare for post-procedure instructions before you actually have the procedure. It is very important to ...
Quick Word of Encouragement For Those Facing a Storm Florida receives a lot of storms. There are months when it will storm almost daily. There are seasons when the rain seems to come non-stop. The clouds get dark, the thunder rolls in, and the sky begins to pour down rain on everything below. Many of our clients at Cremeens Law Group PLLC are deal ...
Fresh Denial Letters A fresh denial letter would be a letter that you just received in the mail. With an ERISA denial, most people are afforded 180 days to appeal the denial in the administrative process. While 180 days may seem like a lot, the process of interviewing a potential client, sending and receiving a fee agreement, sending out a letter o ...
Cremeens Law Group PLLC helps people obtain Disability Insurance Benefits, usually under the Federal ERISA statute, throughout the State of Florida. Most of these clients are also seeking Social Security Disability benefits. Because ERISA litigation can be very challenging, Cremeens Law Group PLLC is extremely careful about developing medical evide ...
Ideas From Our Firm To Help During the Financial Struggle The majority of our clients begin the process amidst a financial struggle. By the time someone comes to Cremeens Law Group PLLC, it usually means they have been out of work, applied for disability benefits, and been denied. This means that some time has gone by since they received a pay chec ...
Does Applying for or Receiving Disability Benefits From Insurance Company Mean You Have To Apply For Social Security? Some clients ask us, “Do I have to apply for social security disability?”. For people applying for disability insurance benefits, there is no easy answer to this question. As a general rule, employer-disability insuranc ...
Advice for Attending Physician Statements (APS Forms) ERISA Disability Insurance Applications generally come in three parts: Employee Statements, Employer Statements, and Attending Physician Statements. The Employee (you) completes the Employee Statement. Your employer completes the Employer Statement. Your treating physician completes the Attendin ...
It’s hard to know your rights under a disability insurance contract without a copy of the contract. Fortunately, if you have a disability insurance contract through your employment, the Employee Retirement Income Security Act of 1974 (“ERISA“) provides you with access to what is called a Summary Plan Description of the contract, w ...
Offsets Explained Before we get in to offsets, let’s talk about your disability benefits that you applied for. You finally made it! You gathered all medical evidence and doctor support to show you are disabled and the insurance company agreed and has decided to pay. When the day finally arrives, you walk to your mailbox, and there it is. The ...
Remaining Calm Despite Adversity You may find yourself so furious with the insurance company that you can barely think straight, but you will benefit immeasurably from calming down before you speak to the insurance company representatives and remaining calm during the conversation. Our staff has reviewed many thousands of denied long-term disabilit ...
ERISA has one of the broadest pre-emption clauses of any Federal statute. This means that any state law seeking to regulate an employee benefit plan is likely, with very narrow exceptions, to be pushed aside by the federal statute which governs employee benefit plans, the Employee Retirement Security Act of 1974 “ERISA.” In Gobeille v L ...
Navigating through the process of private disability insurance can be disconcerting. The constant barrage of requests from the insurance company and steps you must complete can seem daunting. It may seem like the insurance company is always making you jump through hoops. This is part of a process which makes many abandon their disability benefits ...
Some people may not want to pursue their disability insurance claim because of the terminology. “I don’t want to be considered disabled. I worked hard all my life and I don’t like the stigma that comes with the word ‘disability’.” Keep in mind that policies typically specify a length of time that qualifies as ...
How a Remand Can Affect Your Attorney Fees An ERISA judge can remand (or send back) a case to the insurance company for further review. In Hardt v. Reliance Standard Life Ins. Co., 560 U. S. 242, 251 (2010), the United States Supreme Court unanimously held that an ERISA claimant need not be a prevailing party in order to qualify for attorney’ ...
In Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, __ U.S. __, 136 S.Ct. 651 (2016), the United States Supreme Court recently held that ERISA does not permit an ERISA plan administrator to recover reimbursement in equity from a plan participant’s general assets and that strict equitable tracing requirements a ...
As Tropical Storm Colin moves in on Florida, it makes one think of how life can be while dealing with a disability and the insurance companies. Everything can be going fine one day, and then suddenly the rain is pouring, the winds are blowing, and everything seems dark and grey. Local agencies in our area offer sandbags and resources to help with t ...
Things to know about insurance company surveillance From time to time, insurance companies may use the services of a private investigator to conduct surveillance on a claimant. While this isn’t something to live in fear of, it is something to recognize. Surveillance may result in subjective video that could cause your benefits to be denied o ...
If you are seeking disability due to a number of ailments, you are probably seeing specialists for your issues. Always keep in mind that just because you go to your PCP for a common cold, doesn’t mean that your answer, when asked about the reason for your visit, should stop at “I have a cold”. Make the doctor aware of and state ...
Social Media and Your Disability Claim What you post on the web can hurt your short or long term disability insurance claim. Many people overlook the impact of photos. Not only can current photos hurt your claim, but photos from past life events can hurt your chances of obtaining benefits. Remember, a claim manager may not notice the date stamp on ...
