This week the Department of Veterans Affairs launches its new, revamped appeals process for veterans disputing their disability claims decisions. The new law is called the Veterans Appeals Improvement and Modernization Act of 2017; or in shortened form, Appeals Modernization Act (AMA). Passed into law in 2017, the Act intends to reform the unacceptable wait […]
Dos and Don’ts of a C&P Exam – Get Set for a Favorable VA Exam You’ve applied for disability benefits, and now VA sends you for one or more medical evaluations known as Compensation and Pension (C&P) exams. A favorable C&P exam is important because your disability rating will be a direct outcome of the […]
Why Is a C&P Exam Important to Your VA Disability claim? A Compensation and Pension exam can be the difference between an award and a denial. It can mean the difference between a 10% rating and a 60% or greater rating. It is a final discovery and assessment of evidence proving you are disabled due […]
How to Prepare for a C&P Exam? Veterans Take Note! When you file a claim for Veterans’ disability compensation, the next step is usually for the VA to schedule one or more Compensation and Pension exams, a.k.a. “C&P exams” or “claims exams.” This is part of the VA’s information gathering phase. These exams carry a […]
What is ERISA and What Does it Have to Do with My LTD Claim? ERISA is a federal law that regulates the handling of Employee Benefit Plans. The term is an acronym for the Employee Retirement Income Security Act of 1974. By definition, ERISA covers practically all group disability, health, and retirement plans within private […]
Jan. 29, 2019: A landmark court decision should prompt past due benefits for countless veterans. Vietnam War-era troops who served in the “blue waters” off Vietnam now qualify for the presumption of exposure to the chemical defoliant Agent Orange. In Procopio v. Wilkie, the U.S. Court of Appeals for the Federal Circuit ruled that U.S. […]
Resolving Your Group Disability Claim Today’s video outlines the possible outcomes of a disability case under ERISA law. Resolving your group disability claim may encompass any of the following: Reaching a Settlement: Your insurance provider agrees to settle the case for a “settled on” amount of money. Moving for a Motion for Summary Judgment: You […]
Disability Settlement Offers – Is Your Insurer Giving You a Fair Shake? In the video above, disability attorney Marc Whitehead discusses the importance of negotiating disability settlement offers. When we explain how disability insurance companies often try to settle claims far below their actual worth, the value of negotiations becomes clear. Our attorneys often work […]
In our video above, disability attorney Marc Whitehead discusses the importance of the administrative appeal in group disability claims.
Group insurance plans are governed by federal ERISA law. There are key differences between what you must do to prevail in a claim for group disability benefits under ERISA rules, versus the state contract laws that you would follow if your claim were filed under a private long term disability policy.
Long term disability insurance for employees is regulated by federal ERISA law. As shown in our video above, it is clear that ERISA denies due process in group disability claims – allowing insurers to deny you the benefits you deserve.
What exactly is “due process” as it applies to disability insurance benefits? Due process of law refers to the constitutional guarantee to all persons of fair treatment through the normal judicial system. It is a basic principle of fairness in legal matters, especially in the courts.