Total Disability vs. Residual Disability

  By Long Term Disability Lawyer Ray Bourhis Many long term disability insurance policies contain provisions regarding both Total and Residual (Partial) Disability benefits. Typically, the policies define Total Disability as the inability to perform the substantial and material duties of your regular occupation; Residual Disability is defined as the inability to perform “some” of …

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Psychiatric Disability Paper Review Finds Aetna Abused Discretion Kuntz v Aetna

In Kuntz v Aetna, 2013, the Federal Court found that for Aetna abused its discretion in having based its disability claim denial in a mental health impairment case on a paper review of the Claimant’s medical records. Other courts have referred to denials based on such paper reviews as being arbitrary and capricious if not …

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California Long Term Disability Bad Faith Law – A Fair Deal for Policyholders

So what do you really think. Ray Bourhis? If an insurance company defrauds or cheats a policyholder out of the benefits the policyholder is owed, and if, as a result, the policyholder his or her home or their life savings, or is forced to hire a lawyer to obtain the benefits they are owed, the …

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The Real Definition of And How Residual Disability Deprives Claimants of their Rightful Benefits

While every Long-Term Disability (LTD) policy includes a definition of total disability, many states (including California, Arizona, and Florida) have their own legal definition of total disability. What happens when these two definitions conflict? The answer is that state law will override the policy definition and will be used instead in the determination of whether …

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Premiums, Taxes and Fees…What you Need to Pay Now, and after LTD Payments begin; and What you Might Expect to Owe the IRS

Warning: Financial Planners Important Information for Financial Planners : Long Term Disability from Ray Bourhis onVimeo. Waiver of Premiums Premiums with LTD policies are usually fixed for the life of the policy. Once a claim is approved, a Waiver of Premium provision that exists in most policies is triggered and it is no longer necessary for the insured …

Premiums, Taxes and Fees…What you Need to Pay Now, and after LTD Payments begin; and What you Might Expect to Owe the IRS Read More »

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