The Mental Health Foundation indicates nearly one in three people with a long term physical condition also has a mental condition. Claimants with mental and physical ailments may worry that their insurer will apply a mental limitation to their claim. This article discusses the importance of understanding your insurance coverage and situations where long term …
Disability Law Blog
What Happens If I Lose My Social Security Disability Hearing?
Far too many people give up when denied benefits because they feel like they have no further appeal rights. We have helped claimants get approved on a new claim even after receiving an unfavorable decision from a judge in a prior claim. If you’ve been denied by an Administrative Law Judge (ALJ), it’s important to …
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Maximize Your Chances of Winning Your Social Security Disability Claim
Social Security Disability Insurance (SSDI) is a federal program that pays benefits to people who cannot work due to a disability. If you have a disability and are unable to work, you may be eligible for SSDI benefits. However, getting approved for SSDI can be a long and complicated process. Here are some things that …
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Three Steps To Take If Your Long-Term Disability Claim Is Terminated
Today, we will discuss the steps you should take if you’ve received long-term disability benefits and the insurance company has terminated your claim. Here are the three steps to take following the termination of your long-term disability claim. Step 1: Request Your Claim File The first thing you need to do is request your claim …
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Leveraging the Grid Rules After Age 50 to Secure SSDI Benefits
Today, I’d like to delve into a crucial aspect of Social Security Disability Insurance (SSDI) claims: the “Grid Rules,” formally known as the “Medical-Vocational Guidelines.” These may be found in Appendix 2 to Subpart P of Part 404 of the Code of Federal Regulations. Note: They are called “Grid Rules” because the Rule, Age, Education, …
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What Is an On-The-Record Decision In a Social Security Disability Claim?
When applying for Social Security Disability benefits, one term that often comes up is the On-The-Record (OTR) decision. This article will discuss an OTR decision and how it can affect your claim. What is an On-The-Record (OTR) with SSA? An OTR decision is a fully favorable decision given without having to attend a hearing before …
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Understanding the Differences Between Diagnosis and Functional Impairment in Long-Term Disability Claims
When it comes to filing for long-term disability (LTD) benefits, many people assume that a medical diagnosis is the golden ticket to approval. While a diagnosis is an essential part of the process, it is not the only criterion that insurers or adjudicators consider. Understanding the nuanced differences between diagnosis and functional impairment can significantly …
Does a Personal Injury Settlement Affect SSDI Benefits?
Will a personal injury settlement affect my Social Security Disability Insurance (SSDI) benefits? Should I apply for disability benefits with a personal injury lawsuit pending? Does a lump sum payment for my injury impact my disability claim? The impact of a personal injury lawsuit on Social Security benefits depends on the type of benefit you …
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The Standard of Review in ERISA Long Term Disability Lawsuits
How will a federal judge make a decision about an ERISA lawsuit? There are two standards of review in ERISA cases: (1) the de novo review standard and (2) the arbitrary and capricious standard (also called the “abuse of discretion” standard). The judge will determine which standard applies to your disability based on the language …
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Can You Work While Receiving Long Term Disability Payments?
Long term disability insurance provides financial support to individuals who cannot work due to a disability. This type of insurance pays out a percentage of your pre-disability earnings to help maintain your quality of life. However, many people wonder whether they can continue to collect long term disability (LTD) benefits while returning to work in …
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