Archive for Disability Law Ledger

DB Disability Law Ledger™ – May, June 2010

Individual Disability: Choose Your Policy Wisely
A few years ago, one of our clients,* a dentist with his own practice, came to us after his insurance company denied his disability claim.  The insurance company informed him that, under the terms of his individual disability policy, he was not covered.
Background . . .
Our client was injured in [...]

DB Disability Law Ledger™ – April 2010

Federal Employees – Don’t Handle Reconsiderations On Your Own
Despite our best efforts to inform disabled federal employees about filing for disability retirement, many still are unaware of the obstacles they may face when filing on their own.  In particular, many federal employees not only continue to submit their applications on their own, but they also [...]

DB Disability Law Ledger™ – March 2010

Disability: A Financial Hardship For Working Americans
According to a report published by The Urban Institute, poverty rates double for Americans when they become disabled.  Although a variety of public programs exist including Social Security disability, Workers’ Compensation, Supplemental Security Income and Veterans’ disability, presumably as a safety net, these programs have missed the mark for [...]

DB Disability Law Ledger™ – February 2010

PTSD Diagnostic Test Unveiled
For veterans suffering from Post-traumatic Stress Disorder (PTSD), obtaining disability benefits always has meant overcoming obstacle after obstacle in order to prove they are disabled by this condition.  Why?  Because until very recently, there were no diagnostic tools available to detect PTSD; no empirical evidence to satisfy the VA. However, researchers at [...]

DB Disability Law Ledger™ – January 2010

FERS/CSRS Disability Primer
Introduction
Federal Employees and Civil Service Employees who are struggling to work with a serious illness or injury may be entitled to Disability Benefits under the Federal Employee Retirement System (FERS) or the Civil Service Retirement System (CSRS), respectively.  A Disability Retirement Annuity provides these benefits in addition to the coverage you receive through [...]

DB Disability Ledger™ -December 2009

WHEN INSURANCE CARRIER SURVEILLANCE RUNS AMOK
Possibly one of the most well known and intimidating methods used by insurance carriers to “disprove” the legitimacy of disability claims is video surveillance.  In fact, the image of a “private-eye” type of insurance investigator holed up in a sedan with a camcorder almost has become a cliche.  And, this [...]

DB Disability Law Ledger™ – November 2009

CONTINUATION OF YOUR FERS DISABILITY ANNUITY
Federal employees, here’s something you should be aware of.  Even after your disability claim has been approved, and after you have been receiving your disability retirement annuity, the Office of Personnel Management (OPM) still may require additional medical reviews from you to determine whether or not you have recovered from [...]

DB Disability Law Ledger™ – October 2009

WHAT HAPPENS WHEN YOUR UNPAID LEAVE IS OVER?
In instances where people become ill or are injured and require a long recovery, they often are unaware of how much time is coming to them.  New York is an at will state, meaning your employer can fire you for any reason except an illegal reason (e.g., because [...]

DB Disability Law Ledger™ – September 2009

FERS ISSUE
Postal Employees Are Not Immune To This Recession
The Postal Service’s $2.8 billion loss last year is the subject of many articles and much publicity, and the reason the agency now is offering up to 30,000 postal employees buyouts for voluntary resignation and early retirement.  Employees that take this option will receive up to $15,000 [...]

DB Disability Law Ledger™ – August 2009

What You Should Know About Business Overhead Policies
According to the U.S. Census Bureau, approximately one in five Americans will experience a disability that prevents them from working for at least six months.  30% of workers between the ages of 35 and 65 will suffer a disability for up to 90 days; and one-fifth of that [...]