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30% of all Americans will become disabled between the ages of 35 – 65 with 375,000 becoming disabled annually. Many illness and injuries are responsible for causing disability. Surprisingly, the number one cause of disability is mental illness (depression, anxiety, bipolar illness, schizophrenia, etc.)  The second leading cause of disability is musculoskeletal problems (back, neck, […]

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Facebook and other social media platforms have been a great help to many disabled persons as it provides a means of communicating and socializing with others without requiring travel or physical interaction.  Unfortunately, when it comes to a disability claim, the use of these platforms can become detrimental to you. Disability insurers are increasingly using […]

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Picking on older folks is not just for families and friends anymore. Except, when it is done by disability insurers, the consequences are far more severe. In general, people are not lizards. We degenerate and do not regenerate. For that reason, most disabling conditions become worse as the aging process proceeds. The insurers act as […]

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Believe it or not, this may the most frequently asked question we hear from clients. The problem is that clients are so focused upon their individually-centered existence that they forget what the insurer is really about: MAKING MONEY. It has very little to do with the particular claimant as opposed to the economic model under […]

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In essence, insurers sell “paper,” a promise to pay in the future in exchange for cash now. Insurance is designed to protect against risk, because individuals who buy insurance are financially compensated in case of loss. For protection against loss, individuals pay insurance companies for specific types of risk. Individuals pay premiums to an insurer […]

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The disability insurers tend to follow certain denial patterns which reflect their own self interest in not paying benefits. The timing of the disability denial may have definite and serious ramifications. The first set of claim denials occur at a time just prior to the transition from Short Term Disability to Long Term Disability. For […]

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There seems to be an unrealistic belief amongst claimants that settlement of their disability claim is available just for the asking. Nothing could be further from the truth. There are some insurers who will not approve disability payment settlements under any condition. They take the position that they will stick by the contract and pay […]

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Face it. The underlying policies of the Social Security Administration (SSA) are clearly lacking. There are no provisions for person to be only partially disabled or to assist employers in retaining disabled persons working in lesser roles. These deficiencies result in 90% of persons found disabled not returning to work. The failure to promote employment […]

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There have been gradual changes in the ERISA law which can affect your case in the worst of ways. The most disconcerting change is many courts refusing to allow subsequent responses to new information submitted by claims administrators with their final appeal of claims. In the parlance used by practitioners such as myself, such behavior […]

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By Scott B. Elkind, Esq. The Office of the Inspector General (OIG) for the Social Security Administration (SSA) addressed SSA’s anti-fraud training in its Congressional Response Report dated September, 2015. This was a follow-up report to OIG’s original report in 2014 which surveyed SSA’s anti-fraud training initiatives. In 2014, OIG worked with SSA to develop […]

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