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Archive for September, 2021

Long-Term Disability Definitions, Part 1

Posted on: September 21st, 2021 by Timothy Hendershot

If you have a disability claim, you’re already at a disadvantage attempting to decipher 90% of the material you’re now required to read, comprehend, and answer to. A glossary is required to make sense of the provisions of your long-term disability policy. This list of definitions of disability insurance terms will assist you.

A

Active Full-Time Employee – A full-time employee who works a regular workweek for a company is known as an active full-time employee.

Active Work Requirement – To be eligible for disability benefits, you must be working at least the minimum number of hours per week as described in your company’s policy.

Activities of Daily Living (ADLs) – Routine activities that people do on a daily basis without assistance. Eating, bathing, dressing, toileting, walking, and continence are the six basic ADLs.

Adjuster – An insurance company employee or subcontractor who investigates insurance claims and determines how much the insurer must pay for a submitted claim.

Attending Physician Statement – A medical report written by the insured’s doctor that details his or her medical history, both past and present.

B

Bad Faith – Insurance companies are legally bound by a “covenant of good faith and fair dealing.” When an insurer breaks this covenant by delaying or denying payments in an unreasonable manner, it is considered to be acting in bad faith.

Beneficiary – The person or entity authorized to receive the proceeds or benefits of an insurance policy.

C

Catastrophic Disability – A claimant is so severely disabled by an accident or disease that he or she need assistance with even the most basic tasks of daily living, such as feeding, dressing, or showering.

Claim – A payment request made under a disability insurance policy.

Contributory Plan – A group insurance plan in which a company and its employees split the costs.

D

Deductible – A stipulation in a disability insurance policy requiring the policyholder to pay an initial amount of expenses before the disability insurance coverage begins.

Disability – The criteria used by the insurance company to evaluate if you are disabled and entitled to benefits.

Disability Appeal – If your claim is denied, you have the right to appeal and legally challenge the denial in a court of law.

E

Effective Date – The day the insurance policy starts.

ERISA – ERISA (Employee Retirement Income Security Act of 1974) is a federal law that regulates the handling of Employee Benefit Plans.

Exclusions – Specific conditions under which a disability will not be covered are outlined in disability policies.

F

Functional Capacity Exam (FCE) – A series of physical tests to see if a claimant can return to work.

G

Group Coverage – Individuals can get group long-term disability coverage through their company, a professional group, or an association.

I

Individual Disability Insurance (IDI) – Disability insurance for individuals can be acquired directly from an insurance broker. The individual is responsible for all costs.

Insured – A person or organization covered by insurance.

L

Long Term Disability Insurance – Long-term disability (LTD) insurance provides monthly benefits (income replacement) if a person is unable to work for more than two years due to illness or injury.

Lump-Sum Payment – Disability benefits are usually paid in a lump-sum on the day after the Elimination Period expires.

Your Long-Term Disability Experts

At Cunnane Law, we are highly experienced in assisting people with their long-term disability claims. Our lawyers work tirelessly to represent you and your interests in your dealings with insurance companies. You need all the facts, all the information, and all the help you can get. We’ll be publishing Part 2 of this guide soon, but in the meantime, if you have questions, contact us. We work with clients in Edmonds, Shoreline, and all across the greater Seattle and western Washington area.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

When Should I Seek the Advice of a Disability Insurance Attorney?

Posted on: September 15th, 2021 by Timothy Hendershot
Our clients can relax knowing that the attorneys at Cunnane Law are in charge of their disability claim.

Our clients can relax knowing that the attorneys at Cunnane Law are in charge of their disability claim.

You may hear a lot of contradictory opinions as to whether you need a lawyer as you prepare to file a disability insurance claim. While you may be tempted to put off engaging an attorney, it is usually to your best advantage to speak with one before filing a disability claim, rather than afterward.

You can make or break your disability claim based on your administrative record.

The Employee Retirement Income Security Act of 1974 (ERISA), governs your claim if you file for employer-sponsored disability benefits. You have a limited amount of time under ERISA to submit supporting evidence for your claim.

Once the insurance company has issued a final decision on your claim, the courts will only review the information contained in your “administrative record,” which consists of plan documents, previously submitted proof, and other information that was available to the insurance company. In most cases, the court will not consider fresh evidence, no matter how crucial or relevant it may be.

Unfortunately, we frequently meet with disabled people after their decisions have been made. Many times, vital evidence that might improve their claims is missing from their administrative records—but it’s too late to present it.

If you consult with an expert disability lawyer at Cunnane Law from the start, we’ll carefully evaluate your administrative record and enhance it with material that advances your disability claims. This “data stacking” should place you in the greatest possible position to win your case.

ERISA plans have a lot of complicated terms and conditions.

It’s usually a good idea to read the Plan Document before filing a disability insurance claim. This document outlines the terms, restrictions, exclusions, waiting periods, and filing deadlines that apply to your benefits application. Many of these requirements are stated in complex, difficult-to-understand technical terminology.

It’s very hard to file a successful claim unless you have a thorough understanding of your disability insurance plan’s rules and procedures. An experienced Edmonds disability lawyer, on the other hand, can assist you to identify:

  • The waiting, qualification, or elimination phases in the plan
  • How much time do you have to submit your claim?
  • Whether the concept of disability is based on “own occupation” or “all occupations.”
  • The policy’s exclusionary conditions and circumstances
  • The benefits to which you may be entitled
  • How long you’ll be able to receive benefits

Your disability insurance claim strategy will be built on this information.

Knowledge is a powerful tool.

A disability insurance lawyer at Cunnane Law can help you if you’re feeling overwhelmed by your ERISA claim or worried about insurance company monitoring. Cunnane Law approaches client interactions in a realistic, hands-on manner. We offer emotional support, case-specific information, and results-oriented techniques based on decades of disability law experience.

Respected disability lawyers offer practical advice

Cunnane Law’s disability lawyers have a solid reputation for aggressive advocacy and innovative methods. Moreover, we think that every disability claimant is entitled to client-centered representation and the best possible outcomes. We serve Edmonds, Seattle, Puget Sound, and all of western Washington State. Our clients can relax knowing that the lawyers at Cunnane Law are in charge of their disability claim. Contact us today.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

(425) 672-7100