22 Jun

What Is The Remedy for An Insured Who Does Not Receive a Copy of Their Summary Plan Description for their Long Term Disability, Group Life or Health Insurance Benefits?

What is a Summary Plan Description? One of the most important documents participants are entitled to receive automatically when becoming a participant of an ERISA-covered retirement or health benefit plan or a beneficiary receiving benefits under such a plan, is a summary of the plan, called the summary plan description or SPD. The plan administrator is legally obligated to provide to[...]

09 Jun

When is a Massachusetts’ Insurance Policy Ambiguous? General Legal Principles

When is a Massachusetts’ insurance policy ambiguous? Here are some general legal principles to be aware of: 1.    An insurance contract is to be interpreted “according to the fair and reasonable meaning of the words in which the agreement of the parties is expressed.” Cody v. Connecticut Gen. Life Ins. Co., supra, quoting MacArthur v. Massachusetts[...]

02 Jun

Did Your Long Term Disability Insurance Company Give Little, if Any, Consideration To Your Medical Records? Court Reprimands Prudential Insurance LTD For Conclusory Disability Claim Evaluation and Denial

Jim Ampe fell and struck his head in the bathroom of his home in August 2011. Following the accident, Jim complained of cognitive fatigue, difficulty concentrating, and the inability to focus in a noisy environment. Jim underwent a Neuropsychiatric evaluation in the fall of 2012 which found a significant decline in Jim’s physical, cognitive and emotional behavior which was consistent with what[...]

15 May

Do I Need an Attorney for Long Term Disability?

Living with a long-term disability is difficult. The physical pain, discomfort, and debilitation is the hardest thing to cope with. Getting the proper financial support you need to live and to manage your condition is also a struggle. If you have long-term disability insurance through your company or union, it is often subject to the Employment Retirement Income Security Act also known as[...]

08 May

Long-Term vs. Short-Term Disability: What’s the Difference?

Disability insurance can ease the tension of lost wages in times of a crisis. If you’re someone who has been disabled, then receiving the disability insurance benefits you deserve is a must. There are two forms of employer sponsored disability insurance; short-term disability (STD) and long-term (LTD). While both types of this insurance have the same premise, the way they work is[...]

01 May

Who is Eligible for Long Term Disability?

When a serious injury or illness prevents you from earning an income, you need to apply for benefits that can sustain you and your family. However, the application process itself can be fraught with legalities for which you are not prepared. You may even be denied for them if you apply by yourself. Rather than face the process of pursuing them alone, you need to retain the experience of a[...]