Disability
​  Remedies
Frequently Asked Questions, Resources, Useful Information and More

Helpful Resource Links and Continue to Scroll Down for More Helpful Information such as Frequently Asked Questions and More

www.disability.gov

 http://www.dol.gov/ebsa/compliance_assistance.html

http://www.dol.gov/ebsa/regs/fedreg/final/2000029766.htm

Website for the United States Department of Labor which has multiple Disability Resources including Benefits, Civil Rights, Community Life, Education, Employment, Emergency Prepardness, Health, Housing, Technology & Transportation. 
Website for the United States Department of Labor; Employee Benefits Security Administration (EBSA); Plan Administration & Compliance; and Information for Workers & Families, Employers & Advisors, Researchers, Key Topics, and Laws & Regulations. 
Webite for the United States Department of Labor EBSA (Employee Benefits Security Administration) Final Rule, Volume 65, Number 225, Page 70245-70271 [PDF Version].

http://www.ssa.gov/disability

http://online.onetcenter.org

Website for the Social Security Administration with information about Benefits for People with Disabilities including Disability Home; Apply for Benefits; Getting Benefits Now?; Health Insurance; Program Information; and Frequently Asked Questions.
Website sponsored by the United States Department of Labor, Employment & Training Administration, & Developed by the National Center for O*Net Development now ONLINE that has detailed descriptions of the world of work for use by job seekers, workforce development and HR Professionals, students, researchers, and more. 

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Frequently asked questions

  1. Q

    Who Makes The Decision To Deny A Long Term Disability Insurance Claim?

    A

    Our Disability Attorney Experts have stated that after review of thousands of long term disability benefit denials, it is their opinion that 98 out of 100 hundred times the disability insurance claims examiner will only believe and listen to what their own hired doctor states. Effectively, this means that if three of your doctors say you are disabled and the insurance company has the medical records reviewed by their own doctor, then the insurance company will ignore your treating doctors and agree with the hired doctor. There is no requirement for the disability insurance company to give more weight to the medical opinions of the treating doctors, however the disability insurance company is required to conduct a fair and reasonable review of all available information.
  2. Q

    How Can The Disability Company Conduct A Fair Review When 98% Percent Of The Time They Adopt The Opinion Of The Hired Doctor?

    A

    Our Disability Lawyer Experts state that the answer is the disability insurance company hopes that by denying the long term disability claim they will force the claimant to return to work. The disability claim examiners have been trained to send all available medical records to their hired doctors and then adopt the opinion of the hired doctor. With some of the disability insurance companies, it appears that the claims examiner does not have the discretion to disagree with the hired doctor. While the claims examiner is the one that ultimately signs a denial letter, the claims examiner at most companies are really nothing more than paper facilitators seeking the opinions of hired doctors to the detriment of claimants. It is the Disability Attorneys Expert opinion that it is the Hired Insurance Company doctor that makes the decision to deny a long term disability claim. Hired insurance company doctors do not always determine that claimants are not disabled. The vast majority of hired insurance company doctors have no understanding of either a claimant’s occupation or definition of disability. The lack of knowledge and cursory reviews conducted by these hired insurance doctors create great opportunities for a claimant to obtain a claim reversal through either an appeal or law suit. Most disability companies will not have a claimant physically examined as they don’t have as much control over the doctors that actually do physical exams and the doctors that actually exam a claimant are compelled to conduct a thorough exam. The hired insurance doctors rarely conduct a thorough exam and often ignore medical records as they perform cursory medical exams and don’t really review the medical records. These careless medical exams give a claimant a good chance to win a reversal of a disability denial. If your long term disability claim has been denied or you have reason to believe that it may be denied, then please contact any of our long term disability lawyers for a free consultation by phone at 770-865-8654 or 813-363-6664; by email at juliericelaw@outlook.com; or by the Contact Page on this website.
  3. Q

    Can a long-term disability insurance company claim an over payment once a claimant is approved for social security disability income benefits?

    A

    Most group long-term disability policies contain a deductible source of income provision. It is very rare to see an individual long-term disability policy with a social security offset. A deductible source of income is also known as an offset. Social Security Disability Income benefits (SSDI) are almost always considered a deductible source of income. SSDI is only one type of deductible source of income commonly found in group long-term disability policies. If a disability carrier has been paying you long-term disability benefits for 20 months and you get awarded SSDI benefits which are retroactive to 15 months prior, then your disability carrier will claim that you were overpaid for 15 of the past 20 months and you must pay the retroactive SSDI award to your long-term disability carrier. In addition, each month moving forward, your disability carrier will reduce your monthly benefit amount by the amount of your monthly SSDI check. For example, if SSDI is paying you $1,600 a month and your disability carrier was previously paying you $3,000 a month, then your long disability carrier will now only pay $1,400 a month. Essentially the United States government just saved the disability insurance company $1,600 a month. As a general rule, it is a good idea that if you are approved for SSDI to not spend their retroactive award of disability benefits as their disability carrier will be asking them to turn over the full amount.
  4. Q

    Can a disability company sue me to recover an SSDI overpayment?

    A

    For example: Daniel signs Reimbursement Agreement to repay Unum any overpayments. Daniel’s claim for LTD benefits was approved on May 16, 2005, effective May 1. Upon approval, Daniel received a letter from Unum informing him that any SSDI benefits would be subtracted from his monthly LTD benefits. On July 15, 2005, Daniel signed the Reimbursement Agreement stating his intention to accept the full amount of LTD benefits and later repay any overpayments. By selecting that option, Daniel agreed to “reimburse [Unum] any such overpayment within thirty (30) days of his receipt of such funds.” In March 2009, Unum received notice that Daniel was approved for SSDI benefits, retroactive to October 2005. Unum then determined that Daniel’s receipt of SSDI benefits resulted in an overpayment of LTD in the amount of $77,900 and after advising Daniel of this overpayment and pursuant to the Reimbursement Agreement, Unum began holding a portion of his monthly LTD benefit to recoup the overpayment. Unum sues to recover overpayment. When Daniel reached the maximum benefits period under the policy, Unum could no longer deduct monthly benefits to recover the overpayment, the balance of which was then $65, 848.40, and Unum sued Daniel in the Georgia Federal Court to recover the amount in addition to attorney fees and the costs of litigation. The court entered a judgment in favor of Unum requiring Daniel to pay the nearly $66,000 plus the costs of the litigation.
  5. Q

    Why consider a lump-sum buyout of your disability insurance policy?

    A

    If you already are on long term disability, and you’re looking for a lump sum buyout, there are multiple reasons to consider a lump sum buyout. No.1 and probably the most important reason is security, and that means security for your family. With long term disability policies, there are no rights to survivorship, meaning, it’s not like a life insurance policy where God forbid, if something were to happen to you, these benefits will continue to be paid. Many people who consider a lump sum buyout do it because they want to guarantee for their family that they are going to get a stream of payment for the next 10 or 15 years in the event that something were to happen to them. The other reason that people consider buyouts is that they are sick and tired of dealing with the disability insurance companies and they know that if they sever the relationship, they are free to do whatever they want, they don’t have to be accountable to the disability company, they don’t have to worry that any moment the disability company could decide to deny their benefits.
  6. Q

    Can a disability insurance company conduct video surveillance of a claimant whenever and wherever they want?

    A

    The answer is, they can do video surveillance, absolutely, they can do it as part of their investigation into your claim. Now, there’s obviously certain places they can’t do it. They just can’t come into your home and do video surveillance there or come into your business and do video surveillance there without you knowing it and that would surely have some invasion of privacy rights there. But if you are out in the general public, they can definitely get you on camera. And, I think usually they are obviously going to do it secretively? They try. I know I had a case where this insurance carrier has contracted these investigators as they are usually not in-house people and employees of the company. They go out to private investigators who are familiar with doing disability video surveillance, so they contract them. And these two particular investigators were performing a surveillance of my client, my client went into his wife’s business for lunch with her and she happened to own a gym pilates business and all of a sudden the investigators, I think wanting to capture something not knowing what he was going in there for, really wanting capture something that was favorable to their investigation, followed him in there and started questioning his wife who was the owner of the business. This scared my clients, they got fearful, they went out and happened to see a couple of police officers. They asked them who these gentlemen were after they exited. They were still parked in the parking lot. The officer approached them and found out that they were from the insurance company and they were performing video surveillance on him.And, was there anything illegal about what the surveillance person was doing? There wasn’t anything necessarily illegal, because she operates a business and anyone can walk in and out of the door. They did not stay there after they shocked my clients. I don’t think there was anything illegal per say. I think it was definitely unusual because investigators are usually a little more discrete than that. I think we all agree that they can basically do this video surveillance just about anywhere they want except for in the person’s home. It’s kind of what we discuss as reasonable expectation of privacy and you should also be aware that there has recently been a case where an attorney filed a lawsuit because the person was under video surveillance in a church. And the lawyer tried to argue – well, I was in church and no way can you come in and start surveying me in church and the court said – no, that’s a public place and any public place you are in, you can be surveyed. If you are were in your house and they somehow snuck into your house or something like that and tried to video you, that would be another story.
  7. Q

    Can a disability insurance company claim an overpayment for social security disability benefits payable to a child as result of the parent’s disability?

    A

    Our disability lawyers are contacted on a weekly basis with this exact question. The short answer is that most disability insurance policies contain language that allows a disability company to setoff your monthly disability insurance check by the amount both you and your children receive from Social Security as a result of your disability. Most disability insurance companies have drafted policy language in a manner that makes it very difficult to exclude child disability benefits from your monthly disability benefit check. There have been a few cases around the country in which courts have found that a disability carrier could not seek an overpayment for child social security disability benefits. In these rare cases, the policy language giving the disability company the right to seek an overpayment was not drafted clearly For example, you may want to review a Court Order in the case of Carstens v. United States Shoe Corporation’s Long-Term Benefits Disability Plan, (N.D. Calif., Oct. 31). While this case did not allow the disability company to offset child benefits, the policy language was different than the majority of group disability insurance policies. The Cartsens case also discusses many of the other disability cases around the country that dealt with the same issue. In addition to Carstens, a similar ruling was issued by the Illinois Appellate Court. In Meeks v. Mutual of Omaha Insurance Co., 70 Ill.App.3d 800, 802, 388 N.E.2d 1362, 1363 (3d Dist. 1979), the court disallowed an insurer’s deduction of benefits awarded to the dependent of a Social Security disability benefits recipient. There are unfortunately numerous cases which establish that a disability carrier can seek overpayment for all social security disability benefits payable. Two of the most quoted United States Federal Court Of Appeals cases are Anweiler v. Aetna and Godwin v. Sunlife. Neither of these cases specifically discussed child disability benefits.In any disability claim, a disability claimant should retain a disability insurance lawyer to specifically review the applicable policy language regarding an offset for child social security dependent benefits.

Insurance Companies our Affiliates have Defeated for Clients' Disability Benefits

 (in alphabetical order)*

Aetna
AIG
American United
Ameritas
Anthem
Assurant/Union Security
Assurity Life Insurance
ASA Equitable/DMS
Berkshire
Boston Mutual
Broadspire
Cigna
Colonial Life
Companion Life
Dearborn National
Greater-West Life Assurance
Guardian Life
Hartford
HM Life Insurance
Illinois Mutual
ING/Reliastar
Jefferson Pilot
Liberty Mutual
Lincoln Financial
Lloyds of London


Mass Mutual Financial Group
Met Life
Monarch Life Insurance
Mutual of Omaha
New York Life Insurance
Northwestern Mutual
Ohio National
Paul Revere
Principle Financial Group
Provident
Prudential
Reassure/Jackson
Reliance Standard
Sedgwick
Standard
Sun Life
Trustmark
Union Central
Unum



*Each week I will report in Google Plus information that we have knowledge about each insurance company (approximately 3 insurance companies/day until the list is complete, and we will add as necessary to keep you, the consumer, informed).

U.S. State Insurance Regulators

Each state in the United States has their own department of insurance responsible for the regulation of disability insurance companies. In order for a company to sell insurance products in a particular state, they must be registered with the department of insurance in each state. Most states have investigatory divisions that will monitor and enforce the regulations applicable to each insurance company. The list below is the contact information for each department of insurance and the number of insurance companies licensed in each state. There is no guarantee that the department of insurance will respond to your inquiry.

U.S. STATE INSURANCE REGULATORS

Alabama Department of Insurance
Total Insurers: 1,547
Phone: 334-269-3550
www.aldoi.gov

Alaska Division of Insurance
Total Insurers: 743
Phone: 907-269-7900
www.commerce.state.ak.us/insurance

Arizona Department of Insurance
Total Insurers: 1,945
Phone: 602-364-3100
www.id.state.az.us

Arkansas Department of Insurance
Total Insurers: 1,577
Phone: 501-371-2600
www.insurance.arkansas.gov

California Department of Insurance

Total Insurers: 1,332
Phone: 916-492-3500
www.insurance.ca.gov

Colorado Division of Insurance
Total Insurers: 1,500
Phone: 303-894-7425
www.dora.state.co.us/insurance

Connecticut Insurance Department
Total Insurers: 1,297
Phone: 860-297-3800
www.ct.gov/cid

Delaware Department of Insurance
Total Insurers: 1,479
Phone: 302-674-7300
www.delawareinsurance.gov

Florida Office of Insurance Regulation
Total Insurers: 2,545
Phone: 850-413-25-26
www.floir.com

Georgia Department of Insurance
Total Insurers: 1,657
Phone: 404-656-2056
www.gainsurance.org

Hawaii Insurance Division
Total Insurers: 1,212
Phone: 808-586-2799
www.hawaii.gov/dcca/areas/ins

Idaho Department of Insurance
Total Insurers: 1,466
Phone: 208-334-4250
www.doi.idaho.gov

Illinois Department of Insurance
Total Insurers: 1,795
Phone: 312-814-5559
http://insurance.illinois.gov

Indiana Department of Insurance
Total Insurers: 1,815
Phone: 317-232-3520
www.in.gov/idoi

Iowa Division of Insurance
Total Insurers: 1,611
Phone: 515-281-5523
www.iid.state.ia.us

Kansas Department of Insurance
Total Insurers: 1,682
Phone: 785-296-7805
www.ksinsurance.org



Kentucky Department of Insurance

Total Insurers: 1,652
Phone: (502)564-6098
http://doi.ppr.ky.gov/kentucky/

Louisiana Department of Insurance
Total Insurers: 1,597
Phone: 225-342-5423
www.ldi.state.la.us

Maine Bureau of Insurance
Total Insurers: 1,106
Phone: 207-624-8475
www.maine.gov/insurance

Maryland Insurance Administration Commissioner

Total Insurers: 1,525
Phone: 410-468-2090
www.mdinsurance.state.md.us

Massachusetts Division of Insurance
Total Insurers: 1,274
Phone: 617-521-7301
www.mass.gov/doi

Michigan Department of Labor and Economic Growth

Total Insurers: 1,658
Phone: 517-335-5834
www.michigan.gov/ofir

Minnesota Department of Commerce
Total Insurers: 1,509
Phone: 651-296-6025
www.insurance.mn.gov

Mississippi Insurance Department
Total Insurers: 1,562
Phone: 601-359-3569
www.mid.state.ms.us

Missouri Department of Insurance
Financial Institutions & Professional Registration
Total Insurers: 1,704
Phone: 573-751-4126
www.insurance.mo.gov

Montana State Auditor’s Office
Total Insurers: 1,506
Phone: 406-444-2040
www.csi.mt.gov

Nebraska Department of Insurance
Total Insurers: 1,560
Phone: 402-471-2201
www.doi.ne.gov

Nevada Division of Insurance

Total Insurers: 1,803
Phone: 775-687-4270
www.doi.state.nv.us

New Hampshire Insurance Department
Total Insurers: 1,019
Phone: (603)271-2261
www.nh.gov/insurance

New Jersey Department of Banking & Insurance

Total Insurers: 1,338
Phone: 609-292-5360
www.state.nj.us/dobi/index.html

New Mexico Department of Insurance

Total Insurers: 1,357
Phone: 505-827-4299
www.nmprc.state.nm.us/id.htm

New York Department of Insurance
Total Insurers: 1,675
Phone: 212-480-6400
www.ins.state.ny.us

North Carolina Department of Insurance
Total Insurers: 1,435
Phone: 919-733-3058
www.ncdoi.com



Texas Department of Insurance
Total Insurers: 2,030
Phone: 512-463-6464
www.tdi.state.tx.us

U.S. Virgin Islands Southeastern Zone
Department Of Banking and Insurance
Phone: 340-774-2991
www.ltg.gov.vi

Utah Department of Insurance
Total Insurers: 1,779
Phone: 801-538-3800
www.insurance.utah.gov

Vermont Department of Banking, Insurance,
Securities and Health Care Administration
Total Insurers: 1,583
Phone: 802-828-3301
www.bishca.state.vs.ut

Virginia State Corporation
Commission Bureau of Insurance
Total Insurers: 1,719
Phone: 804-371-9741
www.scc.virginia.gov/division/boi/

The Washington State Office of the Insurance Commissioner
Total Insurers: 1,475
Phone: 360-725-7100
http://www.insurance.wa.gov

Washington D.C. Department of
Insurance, Securities and Banking

Total Insurers: 1,456
Phone: 202-727-8000
www.disr.dc.gov/disr

West Virginia Offices of
the Insurance Commissioner
Total Insurers: 1,394
Phone: 304-558-3354
www.wvinsurance.gov

Wisconsin Department of Insurance
Total Insurers: 2,014
Phone: 608-267-1233
www.oci.wi.gov

Wyoming Department of Insurance
Total Insurers: 1,424
Phone: 307-777-7401
http://insurance.state.wy.us  
North Dakota Department of Insurance
Total Insurers: 1,426
www.nd.gov/ndins

Ohio Department of Insurance
Total Insurers: 1,770
Phone: 614-644-2658
www.ohioinsurance.gov

Oklahoma Department of Insurance
Total Insurers: 1,584
Phone: 405-521-2668
www.oid.ok.gov

Oregon Insurance Division

Total Insurers: 1,532
Phone: 503-497-7980
www.insurance.oregon.gov

Pennsylvania Insurance Department
Total Insurers: 1,822
Phone: 717-783-0442
www.insurance.pa.gov

Puerto Rico Office of the Commissioner of Insurance
Phone: 787-722-8686
www.ocs.gobierno.pr/ocspr

Rhode Island Division of Insurance
Total Insurers: 1,265
Phone: 401-462-9520
www.dbr.state.ri.us

South Carolina Department of Insurance
Total Insurers: 1,887
Phone: 803-737-6160
www.doi.sc.gov

South Dakota Division of Insurance
Total Insurers: 1,439
Phone: 605-773-3563
www.state.sd.us/drr2/reg/insurance

Tennessee Department of Commerce & Insurance
Total Insurers: 1,594
Phone: 615-741-6007
www.state.tn.us/commerce/insurance/index.html

DISABILING CONDITIONS

The following is a list of medical conditions that commonly result in a individual filing for long term disability insurance benefits. Some are physical conditions and some are mental illnesses. This list does not include all of the illnesses that can limit a person's ability to perform their job. Our Disability Attorneys are available to provide you with a free consultation regarding your claim for long-term disability benefits so call us at 770-865-8654 or 813-363-6664; by email at juliericelaw@outlook.com; or by the Contact Form on this website.

Anxiety / Depression

Ataxia

Back Disorders

Bipolar Disorder

Cancer

Carpal Tunnel Syndrome

Cerebral Atrophy

Chronic Fatigue Syndrome

Chronic Pain

COPD

Crohn's Disease

Diabetes

Epilepsy

Epstein-Barr Virus
Eye Disorders

Fibromyalgia

Headaches and Migraines

Hearing Impairment

Heart Disease

Hepatitis C

HIV / AIDS

IBS

Osteoarthritis

Parkinson's Disease

Peripheral Neuropathy

Post Traumatic Stress Disorder

Psychosis

Rheumatoid Arthritis

RSD / Complex Regional Pain Syndrome

Shoulder Disorders

Sleep Apnea

Speech Disorders

Stroke

Substance Abuse Disorder

Syncope

Vestibular DysfunctionInsomnia

Kidney Disease

Knee Disorders

Lupus

Lyme Disease

Macular Degeneration

Macular Edema

Meniere's Disease

Multiple Sclerosis

Neck / Cervical Disorders

Non-Epileptic Seizures

Osteoarthritis

Parkinson's Disease

Peripheral Neuropathy

Post Traumatic Stress Disorder

Psychosis

Rheumatoid Arthritis

RSD / Complex Regional Pain Syndrome

Shoulder Disorders

Insomnia

Kidney Disease

Knee Disorders

Lupus

Lyme Disease

Macular Degeneration

Macular Edema

Meniere's Disease

Multiple Sclerosis

Neck / Cervical Disorders

Non-Epileptic Seizures

Sleep Apnea

Speech Disorders

Stroke

Substance Abuse Disorder

Syncope

Vestibular Dysfunction
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