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Category Archive
Long Term Disability Benefits
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If Working Puts My Health at Risk, Can I Make a Long-Term Disability Claim?

By A. Christopher Wieber (Law Office of Mark Scherzer) Clients sometimes ask me:  “If my doctor says going to work puts my health at risk, is that enough for me to claim disability? What if measures the doctor tells me to take for safety interfere with my work duties?” Some disabilities limit what you can Read More

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How Do I Establish that I am Disabled from my Recognized Professional Specialty, such as Interventional Radiologist, Ophthalmic Surgeon, or Litigation Attorney?

By A. Christopher Wieber (Law Office of Mark Scherzer) When evaluating whether you qualify for benefits under an individually-purchased disability income policy or an employer-sponsored group long term disability plan, it is important to consider not only the evidence substantiating your medical condition, but also the evidence addressing the occupational component of the applicable disability Read More

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Will My Long-Term Disability Coverage End if my Employment is Terminated While I’m Out on Disability?

By A. Christopher Wieber (Law Office of Mark Scherzer) “Will my long-term disability coverage end, disqualifying me for disability benefits, if my company terminates my employment before my claim is approved?” This is a question that I am frequently asked by clients who are in the process of filing a claim under their company-sponsored long Read More

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Extension of ERISA Health, Life, and Disability Claim Deadlines During Covid-19 “National Emergency” [UPDATED: March, 2021, to Reflect EBSA Guidance Issued]

By A. Christopher Wieber (Law Office of Mark Scherzer) What if your long-term disability claim was denied and you have a 180-day appeal deadline, but — due to the coronavirus pandemic — your doctors’ offices have been closed, or short-staffed, so that it is impossible to obtain supporting medical documentation in a timely fashion?  If your Read More

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Disability Benefits for COVID-19 Patients with Persistent Long Term Symptoms

By Mark Scherzer, Esq. (Law Office of Mark Scherzer) I’m still sick with COVID-19. Can I get disability benefits? If you can’t seem to recover from COVID-19 and are unable to return to work, you may be wondering if you can qualify for disability. The answer is, “Yes, probably, if you satisfy the terms of Read More

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If I am Not Disabled, but Lose My Job in a Coronavirus-Related Layoff, What Can I do to Keep my Medical, Life, and Disability Coverage?

By Mark Scherzer, Esq. (Law Office of Mark Scherzer) If you are facing a recent or imminent layoff because of the economic impact of the coronavirus (Covid-19) pandemic, you may be wondering whether it is possible to keep some or all of your existing company-sponsored employee benefits (such as your health plan, your group life Read More

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Can I Make a Disability Claim if My Job is Threatened by Coronavirus Layoffs?

By Mark Scherzer, Esq. (Law Office of Mark Scherzer) Have you been struggling to work despite a disabling condition that has adversely affected your ability to do your job?  Do you now fear that your job may be terminated due to an imminent Covid-19-related layoff or reduction in force?  If so, this may be an Read More

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What Will Happen to My Long Term Disability Benefits During the Coronavirus (Covid-19) Pandemic?

By A. Christopher Wieber, Esq. (Law Office of Mark Scherzer) Are you approved and receiving long term disability benefits?  Wondering what will happen to the payment of your benefits? Are you in the middle of a periodic monthly or annual claim update and concerned that you won’t be able to meet the insurance company’s deadline Read More

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Attorney Chris Wieber on Dorris, De Novo Review, and the Importance of Establishing All Elements of a Short or Long Term Disability Claim

By A. Christopher Wieber, Esq. (Law Office of Mark Scherzer) Dorris Reminder: Long-Term Disability Claimant Bears the Burden of Proof  The ERISA appeal process can be a legal minefield for the unwary claimant seeking to overturn the denial of short or long term disability benefits.  For example, a claimant may draft an appeal that focuses Read More

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Halo and Strict Enforcement of ERISA Health and Disability Benefit Claim Procedures

By A. Christopher Wieber, Esq. (Law Office of Mark Scherzer) In 2016, the Second Circuit Court of Appeals issued Halo v. Yale Health Plan, 819 F.3d 42 (2d Cir. 2016), a decision that has reinforced the important protections provided by ERISA’s full-and-fair-review procedural requirements.  ERISA’s regulations set forth rules regarding the timing and content of decision Read More

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