Nolan, Thompson, Leighton & Tataryn, PLC FindLaw IM Template2026-04-01T04:27:04Zhttps://www.nmtlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502543/2020/10/cropped-favicon-nolan-thompson-32x32.jpgOn Behalf of Nolan, Thompson, Leighton & Tataryn, PLC<![CDATA[Can you get disability benefits for COVID?]]>https://www.nmtlaw.com/?p=474432023-08-30T04:52:31Z2021-06-30T21:19:31ZERISA law, there always seems to be some way for insurance carriers to deny claims.
It is important to understand the legal landscape, so you know whether to file a claim and how to proceed.
Should I file a claim?
If you are unsure of whether your insurance provider will cover your disability claim, you should file a claim. Although you shouldn’t file your claim without careful documentation and help from an experienced ERISA lawyer, you should not hesitate simply because you’re not sure of whether you will get the benefits you’re claiming.
Is COVID considered a “disability”?
Eligibility for disability benefits depends greatly on a specific insurance company’s definition of “disability.” While there are nuances from one insurance provider to the next, the common aspect of a definition involves being unable to return to work.
An important distinction arises here. Being unable to return to work is not the same as it being unsafe for you to return to work. A denial of benefits is foreseeable to a COVID victim with mild symptoms. Even if a doctor says it is unsafe for you to return to work or that you are at increased risk of contracting COVID by returning to work, these medical conclusions do not fall under the common definition of disability. You are still able to return to work.
This is a relatively new issue, so caselaw will have to be developed to determine the answer to this problem, but justice would require that someone who has a serious medical reason to not return to work should be considered unable to return to work for purposes of determining disability benefit eligibility.
How can I get disability benefits?
The steps, generally, are pretty simple:
Document all your lost work and other losses due to your illness.
Get a medical opinion on whether you can or should return to work.
Talk with a lawyer as soon as possible in the process. A skilled and experienced ERISA lawyer will help you take the steps to ensure you get the benefits you need.
File your claim.
Appeal your claim if it is denied.
If you are unable to return to work, or if it unsafe for you to return to work due to the risk of contracting COVID, you should do everything possible to obtain disability benefits. There is too much at stake to stall in your efforts to get benefits or to handle your case on your own without the help of an experienced disability lawyer.]]>On Behalf of Nolan, Thompson, Leighton & Tataryn, PLC<![CDATA[At what point can I sue my insurance company for denying claims?]]>https://www.nmtlaw.com/?p=474382023-08-30T04:52:36Z2021-06-24T22:18:51ZWhat they are allowed to do
There are many reasons why an insurance company might justify refusing your claim. Reading the fine print of your insurance plan contract is important, because it often contains several different claim conditions that allow your insurance company to deny your claim if they are not met.
For example, insurance companies sometimes set time limits within which you must notify them of your injury. These time limits are often short – sometimes as short as 24 hours. Even though you have a lot on your mind immediately after an injury, it’s important to file a claim as quickly as possible to avoid a preventable claim denial.
What they are not allowed to do
An insurance company cannot blatantly deny your claim when it’s clear that your situation qualifies for a payout. When they do, it is often a simple matter of proving in court that the denial was made in bad faith.
Another time when you can justifiably bring a lawsuit against your insurance company is when they do not either approve or deny your claim within a reasonable time. In your insurance contract it gives you a time window within which you can expect to know if the company is going to approve your claim. Keeping you waiting past this time window can cause problems, since you likely have medical bills, missed days of work and other expenses to worry about.
Improper denial of insurance claims adds a considerable amount of stress to an already difficult situation. If your insurance company improperly denies your claim for a reason not listed in your insurance contract, you may be able to use a lawsuit to obtain the compensation that your contract entitles you to.]]>On Behalf of Nolan, Thompson, Leighton & Tataryn, PLC<![CDATA[Watch for these common insurance company tactics for denying claims]]>https://www.nmtlaw.com/?p=474202023-08-30T04:52:41Z2021-03-09T21:52:46ZSettling a claim immediately
Sometimes, if you have suffered an injury or have a disease, the complete range of symptoms can take time to manifest. Some problems aren’t immediately apparent, but get worse as time goes on.
If you are desperate for money to cover your immediate expenses, it might be tempting to accept the initial offer given by your insurance company – especially if they call you the very same day of your accident. But there are reasons why it’s often best to wait until your doctor has given you a full evaluation.
If your insurance company tries to rush a settlement based on your immediate symptoms, it might not include all of the issues that will arise later as a direct result of your initial injury. You don’t want to be pressured into accepting a payment, only to find that your medical expenses far exceed what the company offered you.
Asking you to sign a medical authorization form
The insurance company might ask you to sign a form which gives them permission to access your private medical records. They might say that this is necessary so that they can more accurately discern how much they have to pay you.
Often, an insurance company will then use this authorization to look through your medical history in search of anything they can use to claim that your injuries were pre-existing. They then can deny your claim based on the assertion that you didn’t suffer an injury during the accident in question, but beforehand.
The weeks and months following an accident or diagnosis is when you most need the insurance coverage that you contracted for. Don’t allow your insurance company to deprive you of the payments that you are entitled to.]]>On Behalf of Nolan, Thompson, Leighton & Tataryn, PLC<![CDATA[The importance of having an attorney handle your ERISA claim]]>https://www.nmtlaw.com/?p=473022023-08-30T04:52:46Z2020-12-24T18:51:35ZERISA is a federal law, which means things can get complicated quickly. Having an attorney on your side who can act as your advocate can help give you the best shot at recovering the benefits you deserve.
Putting together a strong initial claim
Ideally, you should be able to recover your disability benefits on the first try. An attorney knows what types of information insurance companies desire. Your lawyer can help you gather all relevant evidence and put together the documentation needed to make a strong claim. Nonetheless, denials are commonplace. The good news is the first word is not the last word.
An attorney understands the appeals process
You have the opportunity to appeal a denied claim. Depending on the policy, you may have only one shot at an appeal. It’s important to get things right. The good news about the appeals process is you can supply additional evidence. You’re not stuck making the same claim only to have a different person reach the same decision.
If you’ve received a new diagnosis or have medical evidence that your condition is getting worse, you can supply the information on appeal. An attorney understands the appeals process. Your lawyer can help put together the additional evidence you need to help reach a decision that’s favorable to you.
When all else fails, your lawyer can advocate in court
If the appeals process doesn’t work in your favor, your attorney can take your case to court. Because claims are heard in federal court, it’s essential to have legal counsel who understands federal procedures. Litigation is your last chance for success. You shouldn’t attempt to navigate this process on your own.
Ensure your interests are protected
ERISA benefits are crucial for helping you move forward with your life. It’s important to have an advocate in your corner who will protect your interests. The claims process is complex. A lawyer could make the difference between success and defeat.]]>On Behalf of Nolan, Thompson, Leighton & Tataryn, PLC<![CDATA[Could you receive long-term disability benefits for your migraines?]]>https://www.nmtlaw.com/?p=466522023-08-30T04:52:50Z2020-09-16T19:33:30ZMigraines are more than simply severe headaches.
Migraines are a serious neurological disorder that impact around one in twenty men and one in five women. During a migraine, symptoms can include:
Throbbing or pulsing pain, either on one side of the head or both
Sensitivity to sound, light and other sensory input
Nausea
Vomiting
While migraines may only last for a few hours, some migraine sufferers experience migraines for up to three days.
Before a migraine, some sufferers may also experience other symptoms, known as aura. These include vision loss, visual or auditory phenomena including hearing noises or seeing bright spots, numbness, uncontrollable movements and even difficulty speaking.
Your disability benefits could depend on documenting your migraines.
Long-term disability benefits are usually only available for those whose migraines are severe and chronic. While the requirements may vary depending on your employer, you will generally need to show that your migraines impair your ability to work full time in order to receive disability benefits.
First, keep a record of your migraines. Document details about your migraines, including the symptoms, duration, intensity and frequency, can help show how this condition impacts your daily life. You may also want to note how the symptoms you experience directly impacted your ability to work.
A long-term disability insurance provider will also examine your medical history, including the physicians you have met with to discuss your condition, the appointments you have made to address your migraines and any medication that you take. You may want to ask your neurologist, pain management specialist or other medical professionals to offer a statement to support your application.
While proving the disabling nature of migraines may be a challenge, it is possible to get the long-term disability benefits you need with thorough documentation.]]>