What Happens On A Final Denial

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 insurance company to review the medical evidence and make a decision to overturn the denial.  With respect to cases governed by the ERISA statute (the Employee Retirement Income Security Act of 1974) it is an excellent idea to contact an attorney
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Working With Disability

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 ends meet and keep a roof over your head.  On the other hand, often the effect on your case is not worth what you can make by pushing yourself to the limit. Most of our clients need
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If You Had One Wish…

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.  Our clients not only have issues that cause them to be disabled, but then have their benefits that they paid in to, denied by the insurance company.  It can be very challenging to fight
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WHAT HAPPENS TO THAT PAST-DUE SOCIAL SECURITY DISABILITY CHECK?

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 apply to equitable actions seeking reimbursement. This strongly suggests that disability insurers seeking recovery of social security disability overpayments cannot enforce such actions against a participant’s general assets and would encounter considerable difficulty enforcing equitable relief against the dissipated proceeds of a social security disability award. Legal
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Assume Big Brother is Watching

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 or terminated.  While you might reasonably assume that normal activities of daily living shouldn’t result in a denial, they can. For example, a very large box delivered at your front door that contains two ultra-light plush pillows just shows you carrying a very large box. 
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