Disability Insurance Lawyer Blog

DISABILITY INSURANCE COMPANIES ARE ON FACEBOOK - ARE YOU?

In the "we told you so" department, this news story from a woman from Canada who was on claim for anxiety and depression but attended a Chippendale's party and climbed a nearby mountain. How did the insurance company learn what she was up to? Easy - the woman posted photos of both events on FaceBook.

This is not new, and we hate to repeat our own posts, but we keep learning about people who are surprised at finding their public lives a matter of public record. If you are on claim, if you are considering a disability claim, or if you would prefer that your activities not be known or visible to the general public, then keep your activities off line. It's that simple.

We also know being out on a disability claim, particularly an anxiety and depression claim, does not mean that you should not conduct "normal" social activities. It's entirely likely that this woman was told to try to engage in regular activities, and that she found some relief in doing so. An anxiety and depression diagnosis should not mean claimants should live in the cellar and never see the light of day.

But a word to the wise - don't give the insurance company a reason to deny your claim. They are perfectly good at finding their own reasons.

Harvard Educated, Fortune 500 Executive Relies on Frankel & Newfield for Disability Insurance Benefits

For the last seven years, I have relied on Justin Frankel, first to get my disability claim paid and then to ensure that it continues to be paid. I am a Harvard educated resident of Maryland, and before I became ill, I was the director of the North American territory with a Fortune 500 company, reporting to the America's President that reported to the European Board of Directors, working many 90 hour work weeks, evenings and weekends. When I wasn't logging countless hours online or on the phone, I was travelling. It was a wonderful and demanding job, one that I would have gladly stayed with until I became disabled.

When I filed a disability insurance claim, I would never have imagined that I would run into a problem. Certainly my success in the corporate arena meant that I could fill out a few forms. But I had not counted on the insurance company's not wanting to pay the benefits that were in my contract. I ran into too many delays, and the severe pain that caused the disability, along with the medications I must take in order to manage the pain made it impossible for me to effectively fight back on my own behalf.

Justin and the entire team at Frankel & Newfield took control of my claim and brought things to a successful resolution. I could not have managed without their representation and for that I am deeply appreciative. Justin and his team's experience was above and beyond what I could have asked for. He was knowledgeable in all aspects of the process and genuinely cared for me as a person. I could not endorse a higher recommendation for this team. When I had an urgent need arise, someone was there to help me. If you need superior support in all aspects, this is the right team to contact.

No Professional Courtesy in Long Term Disability Insurance Conflict

When an insurance executive at one of the world's biggest insurance companies filed a disability insurance claim, she expected that there would be some degree of professional courtesy. Our client, a 52 year old Business Continuity Manager at a global insurance company, never imagined that an insurance company would treat her badly, so she took on the task of filing for long term disability insurance by herself.

Despite her years of experience and her senior status in the insurance field, she was just another claimant to Hartford Insurance and more particularly, to MES Solutions, the company that Hartford uses to terminate client benefits. Whenever we hear of an IME being conducted by MES Solutions, we know that the claimant is about to be denied, and this was no exception. How do we know that MES Solutions is not exactly independent? Simple - MES Solutions received lots of money and repeat business for the "independent" medical examination and review of records.

Our client suffers from multiple disabilities, including Fibromyalgia, insomnia, chronic pain, myofascial pain syndrome, carpal tunnel syndrome, ulnar neuropathy, Addison's disease, depression, anxiety, metal toxicity, degenerative disc disease of the lumbar and cervical spine, and failed back surgery syndrome.

Hartford terminated her claim on October 5, 2010, well before the two year own occupation period had expired, and in March of 2010, Hartford reviewed her file for a possible settlement. The medical review was paired with an occupational analysis that might have suited someone who sits at a desk all day long and plays online poker. But that's not what our client did.

As a Business Continuity Manager for an international insurance company, our client's responsibilities were challenging and demanding. She evaluated and certified business continuity and emergency/incident management programs for major companies. Her tasks involved complex audits, analysis, subject matter expert (SME) recommendations, and certifications for all available documentation for each critical company against a set of industry best practices and the insurance company's own legal and fiscal standards.

That was just the start. She was also charged with project development support for emergency/incident response programs for the Middle East, Mediterranean and African regions with 17 countries across various, unrelated business lines, functions, and companies from insurance, financial services, to credit card and trading operations.

The cognitive demands of such a challenging position require an individual to have extremely high-level analytical abilities, reasoning and analysis which takes place on a level more like that of an extremely gifted scientist conducting complex research. Our client's disabilities rendered her unable to think clearly, and she was no longer able to perform the duties of her occupation.

We were contacted when our client realized that while she might have had a chance in the battle when she was at the top of her game, her present condition made any success unlikely. Frankel & Newfield had to act quickly, as we came into the case when time was extremely short, and won the appeal. Our client is now being paid benefits of her own occupation policy and we continue to monitor her situation.

SMART MONEY MAKES A SMART POINT ABOUT DISABILITY INSURANCE

For years, disability insurance was part of the package of benefits that employees received as part of their compensation packages. While it may have been one of the least understood benefits, it was there as a safety net. Today, just like so many other employee benefits, including pensions and 401(k)s, disability insurance benefits are being trimmed - and in some cases, completely eliminated from benefits packages.

A recent article in Smart Money magazine points out the changing climate for disability coverage as an expected perk. Only 76% of all employers now cover the cost of disability benefits - and some of them have also significant changed the amount of coverage that are offered. Where once employees could rest assured that 60% of their salaries would be paid to them under the policy, now it is likely that only 50% or less will be paid - and it's entirely likely to be 50% of your salary from several years ago, not your current salary.

What does that mean to those who are fighting for their benefits coverage? More than ever before, you must read the policy when you receive it to find out exactly what you are entitled to. If you signed up for a long term disability policy ten years ago, and felt comfortable, think again. Companies can change the scope of coverage for employees, and the plan that governs at the time of disability will be the most current plan. It's likely that the current policies are not nearly as favorable as before, and thus you will receive a much smaller benefit -and more likely that you will have a battle on your hands when it is time to make a claim on the policy.

If you have questions about your disability policy and what you can expect if you need to file a claim, call our office. This is one battle you don't have to handle on your own.

When Pain is the Issue for Long Term Disability Insurance Claims

Chronic pain has always posed a special challenge for both the medical profession and insurance companies. As a completely personal and subjective symptom, pain sometimes is a marker for a specific illness. But in many situations, chronic pain itself is the illness, and that's where things get tricky.

A recent article in the Wall Street Journal, "Diagnosing a Patient as a Faker" is stark and frightening proof of the attitudes towards chronic pain that many sufferers face. The reporter notes that doctors have few tools to measure pain objectively. While it is true that pain is a subjective experience and that the same injury may be totally debilitating to one individual and a mild annoyance to another, chronic pain is a real and traumatic experience for millions of Americans.

Karen Lee Richards, co-founder of the National Fibromyalgia Association, is quoted in the article and she says it best - "I hear from people all the time who say they are at a loss to communicate how bad they feel to their doctors - without being eyed as potential criminals."

For many of our clients suffering with chronic pain, the skepticism and suspicion that accompanies their filing a claim for disability is an on-going battle that they wage in addition to the pain itself. There are 116 million Americans afflicted with chronic pain, according to a recent report from the Institute of Medicine, which says that help is delayed, inaccessible or inadequate.

If you are suffering from chronic pain and your disability insurance claim is being challenged, call our office. We represent many claimants who suffer from chronic pain, Fibromyalgia, Reflex Sympathetic Dystrophy (RSD) - also known as Complex Regional Pain Syndrome (CRPS) and understand the special challenges presented with disability insurance claims.

Call us today at 877-LTD CLAIM (877-583-2524) and learn how we can help.