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Recent Blog Posts

3 Reasons To Get A Vocational Expert’s Report For Your Long Term Disability Claim

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A vocational expert can be crucial to winning your disability claim.  Watch this video to see disability insurance attorney John V. Tucker describes the top three reasons you need a vocational expert’s report for your long term disability claim. If you are filing a long term disability claim, then you need a vocational expert. There […]

What To Do If Your Doctor Won’t Fill Out The Disability Insurance Company’s Forms

picture of disability insurance claim form with pen

When you have a disability claim, your doctor may be the most important person you know.  The disability insurance company is going to ask the doctor to fill out a form, and you need the documentation only your doctor can provide.  What do you do when your doctor will not fill out the disability insurance […]

Prove Physical Restrictions with a Functional Capacity Evaluation

Picture of Disability Insurance Policy

When an insurance company use paper reviews by doctors to deny disability insurance claims, most people would think that cannot be enough. They have to have more, right?  Not when they are deciding employer group disability insurance claims.  These claims are covered by ERISA, the Employee Retirement Income Security Act.  Many courts have held that […]

Who Gets The Life Insurance Money If An Ex-Spouse Is Listed As Beneficiary?

Picture of Beneficiary Language on Beneficiary form

What happens when a person gets remarried, but dies without changing their life insurance beneficiary from their ex-spouse to their new spouse?  Who gets the life insurance money?  You may think you know the answer, but it can depend on many thing.  Watch my video and learn more: If you are fighting a life insurance […]

TDIU: VA Must Consider Relevant Social Security Disability Decision In VA Unemployability Claims

Social Security Disability claim form stamped "Approved"

Social Security Disability decision can be relevant to VA Unemployability When a veteran wins a Social Security Disability claim, it will be relevant in their VA Unemployability claim if the decision based on the veteran’s service connected disabilities.  The key is why Social Security found the veteran disabled.  VA cannot consider disabilities that are not […]

VIDEO: How Long Can the Long Term Disability Insurance Company Take To Decide an LTD Claim?

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One of the most common question our clients ask is: “How long can the Long Term Disability insurance company take to decide my claim?”  If your LTD coverage is through your employer’s disability plan, a federal law called ERISA spells out time the deadlines for the insurance company.  Watch this video to learn more: If […]

To Do Any Job, You Must Be Able to Be at Work Consistently

Picure of work phone with sticky note saying "where are you?"

Attendance and Working All Day – Shouldn’t Those Be Considered in Disability Insurance Cases? It seems pretty obvious that a person must be able to attend work regularly to do their job.  Despite that, Long Term Disability (LTD) insurance companies regularly ignore the impact of claimants’ symptoms and limitations on the worker’s ability to arrive […]

VA Regulation 38 C.F.R. §4.16 – Total disability ratings for compensation based on unemployability of the individual.

USA Flag with text TDIU for Veterans - Total Disability Due to Individual Unemployability

I often write about Individual Unemployability claims for veterans and make reference to VA’s Unemployability regulation, 38 C.F.R. Section 4.16.  Anyone who is considering filing for or appealing a claim related to Total Disability due to Individual Unemployability (TDIU) should read the regulation.  Here is the full text of VA’s unemployability law directly from the Code […]

VA Unemployability Explained – What is TDIU?

USA Flag with text TDIU for Veterans - Total Disability Due to Individual Unemployability

Disabled Vets Can Receive a Total Disability Rating (100%) if They Cannot Work Because of Their Service Connected Disabilities Most veterans know about the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (Rating Schedule) for service connected compensation.  Each different disability that a veteran can prove is related to their service gets rated at […]

United of Omaha Tagged With $81,205 in Attorney Fees in ERISA Disability Case

Picture of Gavel on top of $100 bill

Robert Kaiser had to file a lawsuit against United of Omaha in federal court in Wisconsin because United of Omaha had denied long term disability benefits to his wife, Dee Kaiser.  Mrs. Kaiser suffered from Sage IV lung cancer, yet United of Omaha (a company affiliated with Mutual of Omaha) refused to pay.  Mr. Kaiser […]

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