Long Term Disability Insurance claimants can frequently feel abused by their own insurance companies during the claims process. The Employee Retirement Income Securities Act (ERISA). ERISA applies to most disability insurance claims and therefore claimants have little recourse against such abusive tactics. The most common is secretive video surveillance of the disabled claimant.
Social Security Disability Online Access Improved
The Social Security Disability system online file access is improved for attorney representatives. One of the unique aspects of social security disability law is that representatives don’t have to be attorneys, however all representatives are held to certain standards. The National Organization of Social Security Claims Representatives (NOSSCR) reports that the Social Security Administration and its disability system have improved online access to disabled claimant’s SSD files if their attorney has registered with SSA:
Social Security Disability & Medicare Eligibility-How it Works
The Social Security Disability system is vital to disabled workers as it is frequently the only financial and medical resource that allows them to survive. The benefits of winning a SSD claim include not only monthly benefits but also eventually eligibility for Medicare.
What is My Eligibility for Medicare?
Medicare eligibility begins after you have received 24 months of social security disability benefits. Please note that to receive Part B of Medicare (which pays for doctor visits), you pay a premium that will be deducted from your social security disability monthly check.
Disabled Must Prove Insurance Company Abused its Discretion
Long Term Disability Insurance claims can be difficult to pursue in an administrative appeal or in federal court. One of the difficulties for claimants to overcome is the restrictive rules that have evolved from the common law governing the Employee Retirement Income Securities Act (ERISA). ERISA applies to most disability insurance claims.
Long Term Disability Insurance Claims- Vocational Reports
Long Term Disability Insurance claims are usually governed under federal ERISA regulations. If a claimant goes through the administrative appeals process and is denied their disability benefits, their only remedy is to file a civil lawsuit to enforce their rights under the policy. However under ERISA law, a claimant is usually not allowed to introduce expert vocational opinion evidence to the Court unless it was submitted during the prior administrative appeal. Therefore, it is vital to consider whether a Vocational Report is needed early on in the administrative appeals process.
Social Security Disability Issues New Rules For Attorneys
The Social Security Disability system changes the rules of conduct for representatives. One of the unique aspects of social security disability law is that representatives don’t have to be attorneys, however all representatives are help to certain standards. The National Organization of Social Security Claims Representatives (NOSSCR) reports that the Social Security Administration and its disability system have issued new rules that representatives must follow:
Social Security Rule Prohibits Prior Disclosure of ALJs Name
Social Security Disability claimant’s ability to obtain a fair hearing has been made more difficult. The Social Security Administration has issued a new unfair ruling limiting a disabled claimant’s right to advance notice of which Administrative Law Judge (ALJ) will hear their case. The Social Security Disability system is vital to disabled workers as it is frequently the only financial resource that keeps them from living in abject poverty. The National Organization of Social Security Claims Representatives (NOSSCR) reports that the Social Security Administration has issued a new policy regarding assignment of ALJs to hear cases. See the NOSSCR post below.
Filing an ERISA Long Term Disability Insurance Lawsuit-Pt. 2
Long Term Disability Insurance claims are usually governed under federal ERISA regulations. If a claimant goes through the administrative appeals process and is denied their disability benefits, their only remedy is to file a civil lawsuit to enforce their rights under the policy. This leads to several important questions. In part one of this two part blog we explored who can sue and who can be sued. In part two we explore where to file your lawsuit and how long you have to get the suit on file.
Congressional Hearings on Social Security Disability System
The Social Security Disability system is vital to disabled workers as it is frequently the only financial resource that keeps them from living in abject poverty. The National Organization of Social Security Claims Representatives (NOSSCR) reports that the Social Security Administration and its disability system is the subject of a congressional inquiry.
On December 2, 2011 the House Social Security Subcommittee held the first of what will be a series of hearings focused on the disability insurance program. The subject of the hearing was securing the future of the disability program. The subject of the next hearing will be fraud; no date has been announced.
Filing an ERISA Long Term Disability Lawsuit If Claim Denied
Filing an ERISA Law Suit If My Administrative Appeal is Denied
Long Term Disability Insurance claims are usually governed under federal ERISA regulations. If a claimant goes through the administrative appeals process and is denied their disability benefits, their only remedy is to file a civil lawsuit to enforce their rights under the policy. This leads to several important questions. In part one of this two part blog we explore who can sue and who can be sued: