A long list of reasons to say no……. There is, sadly, a long list of all of the reasons why insurance companies deny or underpay a claim. They don’t always simply say okay, we’re going to send you to an independent medical examination and our doctor is gonna conclude that he disagrees with your … [Read more...]
Beware of the “Partial” Long-Term Disability Claim
Disabilities and the people who suffer them come in all shapes and sizes. Typical occupations of people we represent would include surgeons, anesthesiologists, all of the medical sub specialties, micro surgeons, lawyers, chiropractors, CEOs of companies, financial planners, CPAs, really anyone who … [Read more...]
Partial Long-Term Disability Benefits: hard to define in California
For surgeons and other physicians, partial long-term disability benefits may seem like a good solution but the way the benefits are determined is flawed. Partial benefits are based on a formula and very soon after the claim is filed the formula starts to disintegrate and someone may wind up in a … [Read more...]
Dealing with a Long Term Disability Claim
Who should I talk to if I think I have a problem? Well, often a policy holder when he/she notices that things are changing and that he/she may have to make an insurance claim contacts the insurance agent that sold them the policy in the first place. While that can be good, it can also be bad for … [Read more...]
Own Occupancy Insurance Policies
Own Occupancy Insurance is a policy that is sold that covers someone if he or she is unable to perform his/her normal duties in his/her own occupation. The technical definition of disability with an Own Occupation policy is you’re unable to perform your substantial and material duties in a usual and … [Read more...]
Total Disability vs. Residual Disability
https://vimeo.com/87926360By Long Term Disability Lawyer Ray BourhisMany 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 … [Read more...]
Long Term Disability Benefits – Leaving Money on the Table
THE RISK OF UNDER SETTLING YOUR CLAIM By Alexander MacDougall, Attorney with Bourhis Law Group The good news: you’ve been awarded Long Term Disability benefits by your insurance company and now they want to buy out your policy. The bad news: the figure the insurance company is offering you as … [Read more...]
Before You File Your Long Term Disability Claim
By Ray Bourhis and Alex MacDougall When you first learn that you have a disability that will interfere with your employment, you have an important decision to make regarding the filing of your claim; whether you should go it alone or whether you should engage the services of a disability … [Read more...]
Understanding Punitive Damages in Long Term Disability Cases
Punitive damages are damages that can be awarded in a law suit with the intention of punishing a party for acting improperly as a means to either reform that party’s future behavior or to cause other actors who may be behaving similarly to stop. So even though it is not a court’s objective to … [Read more...]
Understanding Present Value Calculations
By Ray Bourhis and Alexander MacDougall The issue of determining the present value (PV) of insurance policy benefits can be as complicated as it is important. Issues that come into play include: The monthly benefit The life of the policy The claimant’s age at the time he or she became … [Read more...]