If you’re applying for long-term disability insurance, you may be required to apply for Social Security disability benefits along with your LTD claim. You may even be offered the services of companies like Allsup and Advantage 2000 to assist with your claim. However, as a knowledgeable long-term disability/ERISA and Social Security Disability attorney, I strongly …
Disability Law Blog
Arenson v. Unum – Court Ruled In Favor of Unum Under Deferential Standard of Review
Today we review Arenson v. First Unum Life Insurance Company that was decided by the United States District Court for the Northern District of Illinois. Gregg Arenson was a futures and options trade broker. He sued his former employer’s benefits administrator, First Unum Life Insurance Company (hereinafter “Unum”) under ERISA. He challenged Unum’s denial of …
Arenson v. Unum – Court Ruled In Favor of Unum Under Deferential Standard of ReviewRead More
Moseley v. Unum – Unum Should Have Ordered an IME to Determine if Disability Was Mental or Physical
Unum paid long term disability (LTD) insurance benefits to Susan Moseley, but stopped paying after a period of time pursuant to the mental illness limitation in her long term disability policy (a policy is also called a “plan” of benefits). Moseley appealed the case all the way to federal court, arguing that Unum abused its …
Opening an Encrypted CD from the SSA
The Social Security Administration maintains all Social Security Disability claim files in an electronic format. The instructions below will walk you through the process of obtaining and opening an encrypted CD from the SSA. How Do I Get a Copy of My Social Security Disability File? A claimant and/or an authorized representative has the right …
Marselle v. Unum – Kentucky District Court Finds Unum Made a “Reasoned Determination”
Jonni Marselle was covered for long term disability (LTD) benefits under a group plan provided to Humana, Marselle’s former employer. Marselle was a consultant with Humana. The position was sedentary as it required her to constantly sit, occasionally stand, and occasionally walk. She mostly did computer work. Her disabilities included immunodeficiency, serious back pain, sinus …
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Foss v. Standard – “Own Occ” is With Any Employer, Not With Specific Employer
I’ve been away from case summaries for a bit. Going to turn that around with a recent decision in Foss v. Standard Insurance Company, Case No. 20-cv-2449, decided by the United States District Court for the District of Minnesota on August 19, 2022. Unfortunately, the Court ruled in favor of the insurance company. Plaintiff Caroline …
Foss v. Standard – “Own Occ” is With Any Employer, Not With Specific EmployerRead More
SSA Grid Rules Explained
If your impairment does not meet or equal an impairment listing, the Social Security Administration’s medical-vocational or Grid rules come into play. SSA Grid rules may help disability applicants who are 50 years old or older get approved for Social Security Disability benefits if they do not have helpful job skills or the job skills …
Fowkes v. MetLife – Plaintiff Did Not Prove She Was Disabled
Ms. Fowkes does not contend the Plan’s written evidence requirement violates ERISA. Instead, she takes issue with MetLife’s procedures to evaluate her LTD claim. In particular, she contends MetLife required her to present “objective evidence” supporting her LTD claim. At the hearing, she argued that MetLife did not consider the cumulative effect of her conditions in determining whether she adequately established disability. MetLife contends subjective reports of pain need not be taken at face value and argued at hearing that no disability is established even when considering Ms. Fowkes’s conditions in combination.
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What Is a Trial Work Period? [2024 Update]
Are you ready to rejoin the workforce? A trial work period allows you to test the waters. During a trial work period, a beneficiary receiving Social Security disability benefits may test his or her ability to work and still be considered disabled. Earnings That Can Trigger a Trial Work Period Social Security does not consider …
Can A Doctor Refuse To Fill Out Disability Forms?
When applying for disability insurance benefits, one crucial requirement is having medical evidence to support your claim. Your doctor may need to complete specific paperwork to support your claim, such as an Attending Physician’s Statement (APS) or Residual Functional Capacity (RFC) form. These forms detail your diagnoses, treatment, and any restrictions or limitations. However, some …