Disability Insurance Claims

The American Employee is Being Screwed by Employers who Buy Sham Group Disability Policies and Robbery Without a Gun Proves it.

This new book, by Virginia Disability Insurance attorney Ben Glass rocks the disability insurance world.

How's this for fair?

The insurance companies sell group policies that some courts have said provide little or no coverage.

Congress passes ERISA to 'protect' employees pensions but in doing so unwittingly gives the disability insurance companies a free pass to play the game on a field that is not level.

Then, when claims are denied the insurance companies blame the employers for buying crappy policies.

What a Scam!

Ben Glass exposes the scam in Robbery Without a Gun. It's $19.95 (plus postage).

The book should be read by:

Any employer who thinks he/she is providing real disability coverage to the employees;

Any doctor who treats patients who are making long term disability claims.

Any claimant BEFORE they make a claim.

Order Robbery Without a Gun by clicking here.

Denial of Long Term Insurance Disability Benefits For Doctors, Dentists, Lawyers, and Other Executives

Your employer's group long-term disability policy may be the greatest rip-off in the history of the American employee! Unsuspecting employers have been conned into buying policies that some courts have said will only pay benefits if you are in a coma. Get my book by filling out the form on the right.

(1) Ben Glass can help you if you are thinking about going out on disability, and need advice. Consults are done on an hourly basis and the fee is $500.00 per hour. You should first read Robbery Without a Gun, Why Your Employer's Long-Term Disability Policy May be a Sham. You can get the book (free to Virginia Residents) by filling out the form to the right.

(2) For those who's benefits have been denied or terminated, Ben limits his practice to those who are due monthly benefits of $5,000 or more. Generally, this includes doctors and other health care professionals, lawyers and business executives.

Sorry, but the explosion of these cases has caused Ben to be more selective in the cases he accepts.  Again, even if you are not entitled to benefits of more than $5,000, you should read "Robbery" and perhaps contact another ERISA-experienced long-term disability attorney.

Group long-term disability insurance polices are one of the biggest scams in America. Claims for non-payment of insurance benefits are exploding as insurance companies try to cut every bill that they can. What they save by denying you benefits for hundreds of dollars turns into millions of dollars when they do it to every claimant.

Disability insurance companies are finding that policies that they wrote years ago, promising to take care of you if you couldn't do your job, are becoming very expensive for them. We have handled, and are handling, many claims against Unum Provident, CNA, Hartford, Prudential, and many other insurance companies.

We represent claimants in disputes involving:

• denial of benefits under private (non-ERISA) insurance polices
• denial of benefits under long term disability policies, both ERISA and non-ERISA

When Should I Get Legal Advice Regarding My Disability Claim?

Although it may sound self-serving for us to say this, you definitely need an attorney at the earliest possible time to help you with your long-term disability case. You should consult with an attorney experienced in ERISA long-term disability claims before you file a claim. Too often we are contacted by people who have filed claims and exhausted their administrative appeal rights . If you must later file suite, a court is only going to review what is in the insurance company's file and in EVERY case we have in which the client has applied for benefits and done the appeal himself, the record that the court will review lacks important information and documents that could have been provided. Remember, the insurance company KNOWS that your review in court is limited. Do you think that the insurance company is going to fill the record with information favorable to you? We have never seen that happen!

Your attorney should be experienced in litigating disability income insurance claims and, if you insurance is through your employer, that attorney should understand how ERISA impacts the case. Ask the right questions. Attorneys cannot “dabble” in ERISA!

If you have been denied long term disability benefits, we will review that denial letter for no charge and suggest and an appropriate course of action. We have a variety of fee programs available.

We want you to know your rights and understand the insurance company tactics.

Ben Glass' Book Will Show You

• How the way you fill our your claim form can wreck you case;
• How doing the appeal yourself can give the insurance comnpany an excuse to deny your claim;
• Why a Federal Judge said that claimants without an experienced ERISA disability attorney are at a 'distinct disadvantage' when appealing their claim denial.
• What you must have in your hand before you file your claim if you want to have any hope of getting paid;
• How to find a board certified lawyer;
• How one former insurance company employee describes the claim denial process inside one of the world's largest disability insurance companies (you will be shocked);
• How the insurance companies use video and other secret surveillance to try to deny you benefits;
• How one company used an errant check mark on a physician's form to deny benefits (and what we did about it to get benefits restored!)

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Library for Disability Insurance Claims:

• Video Surveillance Sinks Claim [PDF]   
• CYNTHIA JAGIELSKI v. MetLIfe Insurance Company [PDF]   
• Cardiogenic Syncope LTD Case   
  Description: Disability Claim--cardiogenic syncope
• What a Federal Judge Said About ERISA Disability   
  Description: Fairfax, Virginia disability attorney Ben Glass offers a free book to disability claimants in Virginia.
• MS Victim Benefits Restored   

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Frequent Questions for Disability Insurance Claims:

• TBA:  Do state statutes of limitation apply to Federal lawsuits? So, under ERISA, would every lawsuit be filed in Federal court?
• TBA: I accidentally told my LTD Company that I have an attorney that is reviewing my LTD claim.  Until now they did not know I had a lawyer.  Will this cause the insurance company to investigate my case more intensely?
• TBA: About a year ago I slipped and fell at work, but my case was not diagnosed as a serious condition until six months later.  Now I am having trouble paying for my medication, getting a job (because of my condition) and keeping my job (because some days I can’t get out of bed. Would I qualify for Social Security Insurance?
• TBA: I just starting receiving LTD payments, by way of my bank, and my bank is trying to take the money to pay a charged-off loan.  Is this legal?
• TBA: I just found out from my disability claim reviewer that I should be receiving 60% of my pay instead of the 40% that I am currently receiving.  I am currently receiving Social Security Disability as well.  The numbers that they are quoting me don’t seem right and I am afraid that they will come after me in the future to get their money back.  What should I do?
• TBA: What is the standard procedure for informing an insurance company of a retirement?  Will the fact that he is resigning/retiring have any impact on his claim?
• TBA: Can the LTD company make me go to court even though I am working again?  If SSD determines that I was not disabled, is it possible that I can still get money from my LTD carrier for the time when I was sick and not working? 
• TBA: Unum has offered me a buyout of $38,000.  I have 10 more years to draw $600/yr, so this seems to be a low offer to me. Can they offer more or is this what I would be only entitled to? Is the life insurance I have with them cancelled if I accept the buyout?
• TBA: I was just approved for Social Security Disability. It took a year, so I will receive a lump sum payment for back benefits. Up until now, Unum paid benefits to me through my former employer's disability policy. Do I have to repay those benefits to Unum or my employer?
• TBA: I have gotten several conflicting recommendations from my doctor: first that I am not a candidate for surgery and then that I should undergo extensive surgery.  I have filed for SSD and am getting LTD from insurance carrier. If I refuse surgery and go with the first diagnosis what will happen with SSD and LTD?
• TBA: The insurance company requiring an IME and there are no doctors within a 75 mile radius that does that sort of testing. What should I do to appeal the matter?
• TBA: Should I be seen by my MD for reassessment of the condition to avoid potential problems from my ERISA insurer? If so, how do I approach my doctor?
• TBA: If I do some work in another profession, is my claim closed? If the work is part time and temporary, what happens when I stop working? If the claim is closed, do I have to go through the whole process again? Can they cancel my policy?
• TBA: A judge ruled in favor of my disability claim as a closed period and I would receive back pay for that time period, but I will not receive a monthly benefit because I went back to work and make more than $1,000.  My LTD group plan wants to recoup what they call an offset of social security in the sum of $15,000. This is basically the entire amount of the back pay. Is there any legal recourse in this matter such as filing bankruptcy?  If I don't pay it back will and can they sue for this money? Can this amount be 'settled' as insurance companies do on a regular basis?
• TBA: A doctor who only met with me for 15 minutes checked-off "work related" on an examination form, even though my illness is in no way work related.  My disability carrier is now saying "given that the doctor checked-off 'work-related,' you may not be covered under your employer's STD policy." What should I do if I get turned-down for STD?
• TBA: I was being treated by a doctor who specializes in my condition, but I recently switched to another specialist. Do I need to inform the LTD company that I have a new physician or can I wait until a new set of forms need to be filled out and then have my new doctor complete and return the forms?
• TBA: I recently got a paper to fill out saying I was being reviewed. The paperwork with it says I will hear from my local office soon, but I have heard nothing so far.  Should I have heard something by now or should I be doing something to ensure that my payments continue?
• TBA: I've heard that to receive benefits you have to being actively treated. My doctor has told me that I'm not a candidate for surgery and the best thing I can do is lose weight. How do I justify seeing him on a regular basis if he's not doing anything? Will the insurance carrier inquire as to what’s going on as far treatment, or can I just see him every 6 months for a check-up?
• TBA: Can I cancel a policy within in the first 2 years or so even though the policy is non-cancellable until age 65?
• TBA: I would like to know exactly what the insurance company says my disability is because I want to make sure the insurance company and I have the same criteria for my disability. Will they send me this information? Can I request a copy of the policy that pertains to my disability?
• TBA: What date should I put on the disability claim form as to when my condition started? I have a ninety day wait period and a requirement that a notice of claim be made within twenty days or 'as soon as reasonably possible.'
• TBA: The SS statement I have says I qualify for $1900 a month. Is this a realistic figure if I'm awarded SSDI? I've also read that the disability pension I will get after I get my medical retirement will not affect the SSDI amount if I stay under the "80%"limit. Is it true there is a CAP of $3000 month maximum income?
• TBA: I’ve heard that insurance companies continue to check on your status. Do I have to go thru this whole thing again with having my doctors fill out forms confirming my sickness? I have not been working at all, so that is one issue that they won't hassle me about.
• TBA: Under what conditions will the insurance company have to pay my attorney fees?
• TBA: If I am involved in a lawsuit, how long will it take to reach a conclusion?
• TBA: What are offset provisions?
• TBA: Does ERISA apply if I work for a government (federal, state, or local) agency?
• TBA: What should I do when I get a letter terminating my benefit?
• TBA: What if the termination letter says I missed a deadline: Is my case lost?
• TBA: What if my doctor refuses to cooperate with me in applying for disability?
• TBA: Must I do everything requested by my insurance company, such as taking tests and allowing home interviews?
• TBA: Is the insurance company likely to put me under surveillance?
• TBA: I have been awarded Social Security disability benefits. But the insurer of my disability policy has denied my claim. Can the insurer do that?