Living with a disability is not easy. It can affect the way you sit, stand, walk, think, and ultimately your ability to work and earn an income. Fortunately, there are disability benefits available to people with disabilities so severe that they are unable to work. Some disability benefits are provided by the Social Security Administration …
Medical Eligibility for Long Term Disability Claims
How Do I Ask My Doctor for Disability?
According to the CDC, there are about 61 million adults in the United States that are living with some type of disability. That means 1 in 4 adults have some kind of disability, whether it be back problems, autoimmune disorders, heart diseases, vision impairment, or one of many other disabling medical conditions. Living with a …
Residual Functional Capacity Forms: Download an RFC Form
In order to know whether you can perform your occupation (or any other work in the economy), the disability claims handler deciding your long-term disability claim or Social Security Disability claim needs to determine your residual functional capacity (RFC). This is accomplished by having a doctor perform a residual functional capacity assessment and complete an …
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Your Credibility and Applying for Disability: How the Insurance Company Assesses Your Complaints
You cannot take an x-ray of fibromyalgia and prove it with objective medical testing. Yes, the “pressure point test” is a traditional method of testing for fibromyalgia, but this test is primarily subjective (not objective) in nature as it relies on the subjective complaints of the patient (i.e., it relies on the patient saying it …
The Treating Physician Rule In Long Term Disability Claims
Why Are Treating Physicians Important In Disability Cases? To understand this, we need to look at the history of the “Treating Physician Rule”. The Treating Physician Rule is a legal concept that began in the context of Social Security Disability claims. Under the Social Security Administration’s rules and regulations, the opinion of a treating physician …
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Ten Traps That May Disable Your LTD Insurance Claim
Developing and building a complete administrative file will help you build your long term disability case. We have some tips for you to help you avoid some common pitfalls that can derail your case as well as help you build a strong administrative file. Get approved by not falling into these ten traps: Trap #1: …
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If I Refuse Surgery, Can I Be Denied Long Term Disability Insurance Payments?
If you avoid following your doctor’s treatment plan as prescribed (like refusing to have surgery), the insurance company may claim that you are refusing to do what you need to do to get better so you can work and will deny your long term disability claim for that. However, you should not be denied for …
If I Refuse Surgery, Can I Be Denied Long Term Disability Insurance Payments?Read More
How Long Term Disability Insurance Companies Evaluate Chronic Pain in Disability Claims
Proving Disability Due to a Diagnosis of a Pain Disorder Pain can be completely debilitating, so you should document your pain. For example, your medical records may show that your pain disorder has caused you to suffer gross anatomical deformity, such as subluxation, contracture, bony or fibrous ankylosis, and/or instability. Or, your records may show you have chronic joint pain …
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How Long Do You Have to Be Disabled Before You Can Qualify for Disability Insurance Benefits?
You don’t have to be disabled for any specific length of time before you apply for long term disability benefits, but there is typically a 90 to 180 day waiting period to receive long term disability payments. Becoming disabled before retirement can be a scary thing. Most of us plan to work until at least retirement age. We expect …
How Failing to Seek Medical Treatment or Comply With Your Doctor’s Recommendations Affects Your Disability Case
The most common way the insurance company checks this is to see whether you sought treatment for your disability. Naturally, if you have not seen a doctor about your disability, you will have no evidence to support your claim, and you will be denied. The meaning of “treatment” is more than just an initial visit …