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Category Archives: Long Term Disability Insurance


Beware When Disability Insurance Company Asks for Functional Capacity Evaluation (FCE) Testing

Disability Denial Upheld When Insurer Relied on Functional Capacity Evaluation (FCE) A federal judge in Florida recently upheld a decision by Aetna Life Insurance Company to deny disability benefits to an employee making a claim under their employer’s ERISA Group Disability plan where Aetna relied heavily on Functional Capacity testing that concluded the claimant could […]

Does the Insurance Company or the Employer Pay Penalties for Failure to Produce Group Plan Documents?

Picture of Disability Insurance Policy

A Federal Law Called ERISA Gives an Employer Plan 30 Days to Produce a Copy of the “Summary Plan Description” The majority of people under age 65 in the USA have their disability, health, and life insurance through group plans sponsored by their employers.  For people that work for a company other than the government […]

Sleep Disorders: Evidence to Use in Your Long Term Disability Claim

picture of man in bed looking at alarm clock showing 5:15 a.m.

Lack of Sleep Impacts Concentration, Focus & Staminia “Did you include your insomnia in your disability claim application?”  I asked my new client.  “No, I did not even think of that,” he replied.  As a disability insurance attorney, I have had that conversation with countless clients over the last 25 years, and very few ever […]

Want a Better Chance to Win Your Long Term Disability Claim? Keep a Disability Journal With Pictures.

picture of camera on a table

You Need Evidence to Win a Disability Insurance Claim – Use a Disability Journal As a Long Term Disability claim attorney for over 25 years, I have seen Disability Insurance Companies deny countless valid claims.  The worst part is often knowing the Long Term Disability Insurance adjuster did not believe you.  They often ignore disabled […]

Restrictions vs. Limitations in Long Term Disability Claims

Attending Physician Statement Form with Questions about patients' Restrictions & Limitations

A Diagnosis or a Doctor’s Note Are Usually Not Enough to Get Long Term Disability Doctors often have to complete Disability Insurance forms explaining their patients’ Restrictions & Limitations Many people think that a diagnosis for a doctor and note that puts them out of work is enough to win a Long Term Disability insurance […]

Dept. of Labor Proposed Delays on New Disability Benefit Plan Regulations

Picture of U.S. Department of Labor Sign

On October 10, 2017, the U.S. Department of Labor announced its proposal to delay the effective date of new claims procedure regulations that were passed in 2016 for group disability benefit plans offered through employers.  These plans are governed by federal employee benefits law ERISA – the Employee Retirement Income Security Act.  Even though the […]

Top Tips You Need to Know to Apply for Short or Long Term Disability Insurance

Picture of Insurance Claim Form with Denied stamped on it

When you are confronted with a sickness or an injury that stops you from working, it can be scary knowing you are losing your income.  Trying to figure out how to apply and not get denied for Short Term Disability or Long Term Disability Insurance can be challenging, particularly when you are on dealing with […]

Disability Insurance: Why the Policy Definition of Disability Matters

picture of disability insurance claim form with pen

Disability Insurance Policies are Like Rule books…And Rules Matter Rules matter. No matter what game you are playing, the rule book is what controls the game. Unfortunately, insurance companies think about disability insurance policies like a game. They write their disability insurance polices with rules that help them. You have to know those rules if […]

VIDEO: Is A Long Term Disability Buyout Settlement A Good Idea For You?

Picture of Gavel on top of $100 bill

Watch this video as Long Term Disability Insurance Attorney John V. Tucker explains lump sum buyouts in Disability Insurance claims and gives you information to decide if a lump sum settlement is right for you. When you are approved for Long Term Disability (LTD) benefits, you receive a monthly payment.  Sometimes, the LTD Insurance company […]

Group Plan Can Still be an ERISA Plan Even When Employees Pay the Full Premium for Insurance

picture of Statute Book - Pages from ERISA, the Employee Retirement Income Security Act

A common question our clients often ask is whether the Employee Retirement Income Security Act – ERISA – applies to employer group insurance plans where the employees pay 100% of the premium.  ERISA is the federal employee benefit law that applies to pension and insurance benefits offered by private (non-government or church) employers.  It governs […]


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