Top 5 Questions About a TDIU Claim
The top five questions about a Total Disability based on Individual Unemployability (TDIU) claim relate to the U.S. Department of Veterans Affairs (VA) criteria, the effective date for benefits, whether you can get back pay, whether TDIU and Social Security Disability Insurance (SSDI) are connected, and how long you can receive these benefits. Marc Whitehead & Associates has Veterans Affairs...
VA Disability Back Pay Timeline
The VA Disability back pay timeline generally covers the period between the effective date the VA assigns to an award and the date payment begins, subject to the rules governing when VA benefits become payable. If your disability is determined to be related to your military service and you file your claim within one year of separation from active service,...
Guide to Disability Insurance Taxation – Are Your LTD Benefits Taxable?
If you receive Long Term Disability (LTD) insurance benefits, you need to know whether the Internal Revenue Service (IRS) says those are taxable benefits. The tax treatment of LTD benefits can be based on who paid the premiums and whether the premiums were paid with pre-tax dollars or after-tax dollars. At Marc Whitehead & Associates, we cannot emphasize enough the...
The 24-Month Mental Health Limitation in Long-Term Disability Policies
What Does a Mental Health Cap Do to Your Disability Benefits? Most group long-term disability policies pay benefits for mental health conditions for a limited period, commonly 24 months, while paying for physical conditions until retirement age. Claimants usually learn this when a termination letter arrives at month 24. The cap is a policy term rather than a legal rule,...
How ERISA’s Fiduciary Duty Rules Affect Your Long-Term Disability Appeal
Does the Company Deciding Your Claim Owe You a Legal Duty? Yes. Under federal law, whoever decides your employer-sponsored disability claim is a fiduciary and must act solely in the interest of plan participants. In most group claims that the same party also pays the benefit out of its own money, and courts treat that dual role as a conflict...
How Long Do You Have to Appeal a Long-Term Disability Denial?
What Is the Deadline to Challenge a Denied Disability Claim? If your coverage came through your job, you generally have at least 180 days from the date you receive the denial to file your internal appeal, and the clock starts with the letter. Policies you bought yourself follow a different and often shorter deadline set by the contract and by...
What Is Chronic Fatigue Syndrome — and Is It a Disability?
Chronic fatigue syndrome is one of the most misunderstood, misdiagnosed, and underestimated conditions in modern medicine. For decades it was dismissed as a psychological problem, a form of depression in disguise, or simply the complaint of people who were tired and looking for an explanation. That perception has shifted significantly in recent years, driven by a growing body of research, and the advocacy of patient...
Agent Orange Exposure: Common Health Conditions and Symptoms Veterans Should Know
For many Vietnam-era veterans, the effects of military service did not end when they returned home. Decades later, thousands continue to experience serious health conditions linked to Agent Orange, a powerful herbicide used by the U.S. military during the Vietnam War. If you served in Vietnam or another location where Agent Orange was used, understanding the health conditions associated with...
How to Read Your Long-Term Disability Policy
Your long-term disability policy is a legal contract — and the language inside it will govern every aspect of your claim if you ever need to file one. Most people never read their policy until they are already in a health crisis, scrambling to understand what they are covered for. Reading it now, while you are healthy and clear-headed, is one of...
Why Social Security Disability Claims Are Denied — and How to Fight Back
Applying for Social Security Disability Insurance (SSDI) is, for most people, one of the most consequential bureaucratic processes they will ever navigate. It is also one of the most frequently misunderstood. Many applicants assume that if they are genuinely disabled — if their doctor says they cannot work, if their medical records are thorough, if their condition is serious — approval should...