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Long Term Disability Insurance Lawyer Blog

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The Own Occupation Illusion in Long Term Disability Insurance Cases

Many of our client’s think that they are entitled to Long Term Disability Insurance benefits because they are no longer able to do their job as a result of an illness or injury.  What they don’t understand is that the Disability Insurance companies have fabricated a hurdle that can  sometimes…

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How to calculate your Long Term Disability Insurance Payments (Beware Other Income Offsets)

It can be confusing trying to figure out the amount of Long Term Disability Insurance benefits the insurance company should pay.  Here is a brief outline of how the amount is commonly determined. Step 1.-Figure out your base monthly income.  (Take your yearly income and divide by 12.  Beware however-commonly…

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CIGNA OVERTURNS RN’S LONG TERM DISABILITY INSURANCE DENIAL

The team at SMDA recently obtained a favorable administrative decision reversing Cigna’s (Life Insurance Company of  North America) decision denying disability insurance benefits for a Registered Nurse who had been disabled by her treating physicians as a result of  her significant orthopedic (back and shoulder) problems.  The original denial was…

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CIGNA reverses LTD denial decision for RN with low back pain

SMDA recently convinced  LTD insurer Cigna to overturn its claims denial decision for a registered nurse who developed significant low back pain that prevented her from performing her own occupation.  Our client had degenerative disc disease that had progressed over the years eventually leaving her unable to work.  Cigna initially…

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SMDA convinces LTD Insurer to reverse claims denial decision for Cognitive Issues

SMDA recently convinced Cigna (Life Insurance Company of North America) to overturn a claims denial decision for an individual who is suffering from significant cognitive deficits as the result of some as yet undiagnosed condition. SMDA prepared a comprehensive administrative appeal of the claims denial decision including neuropsychiatric testing which…

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“Own” vs “Any” Occupation in Long Term Disability Insurance Plans

Almost every Long Term Disability Insurance Policy I have ever reviewed contains a limited period (usually 24 months) of time that it will pay benefits if a claimant is unable to perform the duties of his/her “Own” (see prior post on how “Own” occupation is misleading) occupation. The plans most…

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Court rejects Cigna’s denial of claim by paralyzed claimant

In this recent case out of Louisiana the court rejected Cigna’s (Life Insurance Company of North America) efforts to deny a claim by a man who was permanently paralyzed and wheelchair bound. The claimant, Mr. Hughes, had been employed as an electrician when he was forced to stop working as…

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SMDA partner recovers $1.2 million for seriously injured clients

SMDA partner, Patrick Derkacz, recently recovered $1.2 million dollars on behalf of his seriously injured clients.  Mr. Derkacz convinced State Farm to pay this significant settlement the day after taking the deposition of the at-fault driver who offered testimony  that he was not responsible for causing this rear end accident. …

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