How Long Will I Have to Wait Before I Get My Long Term Disability Benefits?

Long Term Disability policy premiums depend on your age, gender, health history and your occupation.How Long for a Long Term Disability Claim?

An important factor is the policy elimination period. This is the length of time you go without getting benefits. Sometimes people choosing a ninety-day period of time to go without benefits at the onset of their disability. When the time is up, the Long Term Disability carrier will start paying your benefits. The longer your elimination period, the cheaper your premium. I’ve seen elimination periods as long as a year and I would not encourage that.

I would suggest a ninety-day elimination period.

You also get to choose how long you will get paid benefits. Most companies will let you chose benefits that last between two, five years to age 65, 67 or for the rest of your life. Quite frankly, it’s very difficult to find a policy these days that will pay a medical professional for the rest of their life and more commonly these disability policies will pay through the age 62 or 65.

Regardless of the price tag, remember you are insuring you and your ability to work. As the breadwinner you have the obligation to yourself and your family to provide them with support even in a time of your disability. If you have any questions about the Long Term Disability process, contact us today so we can get you on the right track in your claim. 727-894-3188.

Long Term Disability Insurance Check Up | Review Your Long Term Disability Policy

It’s not the most exciting thing you can do in your life, in fact it’s pretty tedious but long term disability attorney Nancy Cavey suggests that you review your long term disability policy. The hours that you spend reviewing your policy can make the difference between being robbed of your peace of mind when you become disabled or actually protecting your family’s income.

Nancy Cavey has written Robbed of Your Peace of Mind, an informational guide, that explains the terms that you don’t want to see in a long term disability policy. Review that report and make sure that you have the right type of policy that will protect you and you family in the event of disability. Click the link or order your copy on the right side of this page.

Overpayment of Long Term Disability Benefits and that Call from the Carrier Asking for the Money Back

Overpayment of Long Term Disability BenefitsDid you know that long term disability policies do have clauses in the policy that provide that if you have been “over paid” benefits, you owe the money back. However, some courts hold that as a matter of law, the carrier can’t be entitled to reimbursement because of these “equitable relief”. Unfortunately, there is no uniformity in the law in the United States on this issue. If you are a long term disability policy holder whose being dumped by the long term disability carrier for an alleged over payment, you need the services of a long term disability overpayment attorney such as Nancy Cavey, who can explain to you that the law that is applicable in your case.

For example, in the 11th Circuit, the court has issued a case in Hermann vs. Metropolitan Life (Lexus 209 U.S. District Lexus 124917) that holds that MetLife’s counter claim for funds received by the Social Security Act are “protected from executing levy and attachment”.

The court has held that carriers, like MetLife, must identify intact forms in the possession of the plaintiff. If you don’t have the benefits, you may not have to pay any overpayment back. If you are a MetLife or CIGNA disability policy holder and your carrier has been allegedly over paid, contact overpaid long term disability attorney Nancy Cavey for assistance. Use the contact button to contact us today to help with your claim.

CIGNA’s Games with Short and Long Term Disability Claims

At Cavey and Barrett we have seen a disturbing trend where carriers, like CIGNA deny short term disability claims just prior to the policy holder becoming eligible for LTD benefits, why? Carriers, like CIGNA, will never pay long term disability benefits if the short term disability claim is denied. Unfortunately, if your long term disability lawyer files a long term disability claim, the courts will most likely dismiss the claim for “failure to exhaust”.

At Cavey and Barrett, we’ve taken to filing a long term disability claim and, after we receive a denial from a carrier like CIGNA, we then file a law suit seeking the payment of both short term and long term disability benefits.

Carriers, like CIGNA, play the “game of exhaustion” in attempt to exhaust the policyholders from getting the short and long term disability benefits that they paid for.

If your CIGNA short term disability claim has been denied contact short term disability claim denied attorney Nancy Cavey who can help you with your CIGNA claims denial

Give me Five Minutes and I’ll Tell You Why You Should Not Allow Crowe Paradis to Handle Your Long Term Disability Claim

Give me 5 Minutes!Many long term disability policies require that you apply for Social Security Disability benefits. They’ll even make recommendations for Social Security Disability representation. Hartford, for example, will refer you to a company Crowe Paradis for Social Security representation.

You may even get a letter from Crowe-Paradis making it clear that they are not affiliated with Hartford. But they will request what’s called a limited power of attorney that will allow Crowe-Paradis to transfer any past due Social Security Disability benefits you get to Hartford.

You need protect yourself by avoid using companies such as Crowe Paradis or even Allsup that are recommended by long term disability carriers. Why? Often they will try to win your Social Security disability case by arguing you have a psychiatric disability while your long term disability policy LIMITS your LTD benefits for 2 years if you are disabled because of psychiatric problems.  It is in your best interest to secure the services of your private Social Security Disability attorney. You should pick an attorney, who preferably, has experience in handling long term disability benefits and Social Security disability, so that you don’t lose valuable benefits by having the wrong medical condition be the basis of your SSDI claim.  Don’t let companies like Hartford, Crowe Paradis or Allsup compromise your benefits. Contact ERISA | Social Security Disability attorney Nancy Cavey at 727-894-3188

Cost of Living Adjustments and Your Long Term Disability Claim

Long Term Disability Claims and Cost of Living AdjustmentsYour Long Term Disability policy might have a provision so that your disability benefits can be increased by a cost of living adjustment. However, fact remains that the rate of benefits can be hard to figure out simply because the Long Term Disability carrier doesn’t write the policy very clearly.

Some will use a cost of living adjustment based on the consumer price index. Even more confusing, they will sometimes attempt attack the COLA based on a fixed amount like 4% or the most recently determined annual percentage increase and the consumer price index. Trying to calculate this can give you a headache! If your Long Term Disability policy has a cost of living adjustment in it and you don’t believe you’ve been paid properly, contact Long Term Disability COLA increase law firm Cavey and Barrett for assistance in determining the correct amount of benefits that you are due and owed. Use the form on the right side of this page to contact us.  Let us help you today.

Am I Entitled to Interest on my Reinstated Long Term Disability Benefits?

Reinstated Long Term Disability Benefits

If you live in the 11th United States Circuit of Appeals, which covers Florida, Georgia, and Alabama the answer, unfortunately depends. In Willy Arthman v. ABB, Inc., the panel of the 11th United States Circuit of Appeals judges found that absent a specific provision in your Long Term Disability contract entitling you to interest, ERISA doesn’t allow you to sue of for interest on past years ERISA plan benefits.

Therefore, and unfortunately, the Long Term Disability carrier can deny your benefits, hold on to the money, earn interest, and then when they decide to reinstate your benefits, only pay you what they owe without interest. This is just another reason why the ERISA law defies Long Term Disability policyholders of their peace of mind. Nancy Cavey, Orlando, Fort Myers, Miami Long Term Disability attorney has written a free consumer guide “Robbed of Your Peace of Mind,” that talks about the policy terms that you don’t want to see in your Long Term Disability policy. For a free copy, click the above link or fill out the form to the right of this page and we will rush you your consumer guide right away.

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