When policyholders file a disability insurance claim, they often assume that state law consumer protections—like bad faith, punitive damages, and fair claims handling—will apply. But many are blindsided to learn…
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Disability insurance is a type of insurance policy that provides financial support to individuals who are unable to work due to a disability. When an insurance company denies a valid…
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Fears of the Corona Virus have sent global economies and stock markets into a tailspin. Many of those affected have responded by seeking medical testing and treatment. Others are avoiding…
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The broad question is what are the things you have to watch out for when you’re filing a claim and what should you do? Do insurance companies conduct surveillance? Yes.…
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The broad question is what are the things you have to watch out for when you’re filing a claim and what should you do? Do insurance companies conduct surveillance? Yes.…
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We have found through our experience, often Doctors and Dentists with health issues, work through those issues until at some point they feel they can no longer work with the…
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First responders, such as firefighters, nurses, and doctors often have Long Term Disability Insurance included with a benefit package through their employer. Although people usually think this is a nice…
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Doctors, dentists, investment advisers, athletes, entertainers, CPAs, company executives, business owners and all other high income earning individuals, make sure you know what you’re getting, and that you’re getting what…
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There is a very good article that appeared in forbes.com entitled: 5 Things to know about coronavirus and people with disabilities.The 5 points of this article are, That people with…
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A wide range of Medical Conditions often causing Long Term Disability, including illness, accident, injury and chronic conditions. Bourhis Law Group, PC can assist disability insurance claimants who own private…
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Banker | Own Occupation CEO | ERISA Court Reporter CPA | Financial Planner Dentist Doctor Insurance Salesman Joan Hangarter Orthopedic Surgeon Periodontist Podiatrist Printer Psychiatrist | AIDS Banker | Own…
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Long Term Disability Risks for Professional Athletes It is no secret that serious and permanent injuries occur to professional and college athletes on an alarmingly regular basis. As an Long-Term…
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What is ERISA ? ERISA is a law that strips all policyholders (who purchase their insurance from their employer) of the rights and the leverage they need to get their…
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Often, at some point over the years, a policyholder misplaces, loses, or damages his copy of his insurance policy. Hypothetically, it should be easy to call up the insurer to…
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Before corresponding with your insurance company, become familiar with the terminology, limitations and exclusions used in your policy, read your entire policy carefully, and follow these guidelines to avoid making…
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What you do and say can make a huge difference in the outcome of your claims settlement. Be sure to read this guide before making that first call! The insurance…
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If you have had to modify your work schedule or have been out of work as a result of an illness or injury, you can suddenly find yourself dipping into…
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The evaluation and purchase of long term disability insurance is more complex than most insurance companies and agents will tell you. Policy language can be confusing and contradictory and the…
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Insurance companies go out of the way to advertise how fast, neighborly, generous, kind, understanding, patient and friendly they are. This is certainly true when they are trying to sell…
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So You Thought You Had Disability Insurance About Long Term Disability Insurance: Insurance companies are corporations, and corporations exist to turn a profit. In the 1980s, when interest rates were…
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Over the years we have seen every conceivable problem that can arise with a long-term disability claim. The most common issues raised by insurers include questions regarding the medical diagnosis…
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Accidental Death & Dismemberment (AD&D) Benefit – An optional benefit that provides a fixed lump sum for accidental death or for certain specified actual loss or loss of use of a…
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If your disability insurance claim has been unfairly denied, your insurance carrier may be responsible for paying not only your long term disability insurance benefits, but also for compensating you…
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The term long term disability (LTD) insurance “buyout” in Total Disability cases is where the insurance company is paying on the basis of the Total Disability claim. An LTD buyout…
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Many long term disability insurance policies contain set-off provisions for Social Security benefits. These provisions, when valid, provide that the insured notify the insurance company of any payments being received…
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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…
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Own Occupation Disability Insurance pays benefits if the claimant is not able to perform the usual or customary duties of his or her own occupation. Nevertheless, many insurers attempt to…
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Because Own Occupation Disability Insurance can be confusing and contradictory and because most claimants and many lawyers are unfamiliar with this coverage there is considerable misinformation and misunderstanding about these…
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Whether you’re applying for Long Term Disability benefits or your claim has been denied, contact us. We can help, nationwide. The application process for long-term disability is unnecessarily complicated. And…
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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…
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And How and When Not to… Knowing “when” to seek legal counsel from a disability attorney is one of the first questions we receive from insurance policyholders who have become…
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Do you have questions about your insurance claim? Check our Frequently Asked Questions first! Yes. There are several types of policies. And disability policies can vary substantially in their definition…
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When to Contact a Bad Faith Lawyer Some states have established laws protecting consumers against bad faith by insurance companies. Bad faith is defined as "the unfair or unreasonable denial or…
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Beware of these Top Ten tactics used by the insurance companies to deny or underpay long term disability insurance claims! Other reasons for being denied long term disability insurance do…
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Underpayment of claims is, sadly, a very common practice. One of the typical methods of underpayment is the purchase of policy benefits by the insurance company. The company will run…
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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…
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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,…
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Drug or alcohol addiction or abuse is clearly a disabling condition qualifying for long term disability benefits. If a claimant with a drug or alcohol addiction goes through a…
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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…
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Warning: Financial Planners Important Information for Financial Planners : Long Term Disability from Ray Bourhis on Vimeo. Premiums with LTD policies are usually fixed for the life of the policy. Once a claim…
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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…
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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…
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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…
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THE RISK OF UNDER SETTLING YOUR CLAIM By Alexander MacDougall, Attorney with Bourhis Law Group, PC The good news: you’ve been awarded Long Term Disability benefits by your insurance company…
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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…
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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…
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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…
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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…
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Business owners, manager, and executives that find themselves unable to work are often faced with an exceptional burden of proving their disability. Unlike other professions, managerial positions require performance of…
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Technology continues to evolve disability insurance claims for computer and data professionals. From migraine headaches to carpal tunnel syndrome, a wide range of injuries qualify for Long Term Disability insurance…
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Medical practitioners in the State of California are deemed totally disabled under the Any Occupation standard if he or she cannot perform the material duties of any occupation consistent with…
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Are you a California Long Term Disability insurance claimant suffering from disabling conditions that affect the performance of your work duties? Although California law prohibits insurers from underpaying or under-settling…
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At Bourhis Law Group, PC, we often receive calls from claimants scared that they are being watched and followed by their insurance companies. In truth, this is a very common…
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If your long-term disability insurance claim has been approved, you are receiving monthly benefits provided under the terms of your policy. Monthly disability benefits usually are provided either to age…
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What is the worst football injury you ever saw? Rashad Johnson, free safety for the Arizona Cardinals, severed his finger in a 2013 game against the Minnesota Vikings. Then, of…
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Business owner closes shop because of the Covid-19 closures and social distancing measures. The coronavirus pandemic has forced American businesses to a skidding halt. With nationwide quarantines and closures, COVID-19…
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1. Once you have received your denial or termination of benefits letter from your carrier you should not speak at length with your claims representative or argue with…
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We learned that many carriers were going to behave as they traditionally do, by denying claims because of policy exclusions for damage caused by flooding and debris flow. But because…
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If you’re looking to file a Business Interruption (BI) claim, you may be curious as to what your chances of success are. Your insurance provider may have told you they…
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Among common and often misdiagnosed conditions, Chronic Fatigue is one of the most complicated, potentially disabling disorders. Chronic fatigue (CFS) is characterized by extreme fatigue that does not improve with…
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Chronic Pain Syndrome (CPS) both a common, and difficult, diagnosis that often results in disability insurance claim benefit problems. Chronic Pain Syndrome is generally an ongoing condition diagnosed over 3-6…
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Complex regional pain syndrome, CRPS, is characterized by inflammatory redness, warmth and swelling caused by a chronic nerve disorder or injury to the nerve. CRPS is believed to be the…
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Bipolar-Depression is characterized by periods of extreme euphoria followed by bouts of severe depression (cyclic mania.) A Bipolar diagnosis consists of a combination of several disorders, and may include physical…
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Emphysema – COPD Disability is a deterioration of the lungs (alveoli) most commonly caused by smoking. Chronic obstructive pulmonary disease (COPD) includes both emphysema and chronic bronchitis. Chronic Pain Syndrome…
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Auto Immune diseases include more than 100 diagnoses, all of which are potentially disabling. Autoimmunity is caused by an overactive immune system which begins targeting the body’s own healthy cells…
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Disabling psychiatric conditions typically include such conditions as clinical depression, bi-polar disorder, phobias and compulsive disorders. These conditions are usually diagnosed by a psychiatrist or clinical psychologist and can be…
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The main components of a fibromyalgia (or any) disability case are: (1) establishing that you have a medical impairment and (2) establishing that the degree of your impairment precludes you…
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Spinal and back injuries are among the most common areas of disputes between policyholder and insurer and, due to the complex nature of both treatment and diagnosis, also a major…
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Ringing in the ears, or tinnitis, is a common condition caused by a variety of sources, including exposure to loud or high-pithed noise, wax build-up or a blockage in the…
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Disabling headaches not due to other causes are most often migraine. Migraine headache symptoms often include other symptoms, such as nausea, vomiting, light sensitivity, and sound sensitivity. Occasional migraines are…
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Cardiovascular (heart) disease is the #1 cause of disability and death in the United States. Smoking, diet, and the resulting plaque build-up (coronary heart disease) are primary causes of heart…
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Head injury is a potentially-disabling condition that may include the head, brain, scalp and skull. Head injury is often referred to as TBI, although TBI is specifically injury to the…
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Finding the best Long Term Disability Insurance lawyers in Plano can be challenging. To make it easier, we've compiled a list of top attorneys in the area. This guide aims…
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Finding the best Long Term Disability Insurance lawyers in Reading can be challenging. To make it easier, we've compiled a list of experienced attorneys in Reading who can help. This…
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Finding the best Long Term Disability Insurance lawyers in Rochester can be challenging. To make it easier, we've compiled a list of top attorneys in the area. This guide aims…
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Finding the best Long Term Disability Insurance lawyers in Round Rock can be challenging. To make it easier, we've compiled a list of trusted attorneys in the area. This guide…
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Finding the best Long Term Disability Insurance lawyers in San Antonio can be challenging. To make it easier, we've compiled a list of top attorneys in the area. This guide…
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Finding the best Long Term Disability Insurance lawyers in Schenectady can be challenging. To make it easier, we've compiled a list of top attorneys in the area. This guide aims…
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Finding the best Long Term Disability Insurance lawyers in Scranton can be challenging. To make it easier, we've compiled a list of top attorneys in the area. This guide aims…
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Finding the best Long Term Disability Insurance lawyers in St. Petersburg can be challenging. To make it easier, we've compiled a list of top attorneys in the area. This guide…
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Finding the best Long Term Disability Insurance lawyers in Syracuse can be challenging. To make it easier, we've compiled a list of top attorneys in the area. This guide aims…
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Finding the best Long Term Disability Insurance lawyers in Tallahassee can be challenging. To make it easier, we've compiled a list of top attorneys in the area. This guide aims…
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