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What Standard Will the Court Use to Decide Your Case? Abuse of discretion or De Novo Review?

When an ERISA long term disability case is brought to court, one of the most important questions raised by long term disability lawyers is what legal standard must the judge use to decide the case. In essence, “the standard of review” is the level of scrutiny that the court will apply when reviewing a […]

Should my ERISA LTD Insurance Company Handle my Social Security Claim?

If you become disabled and unable to work, check your employer-provided benefits package; it may include disability benefits. Generally, they’re referred to as ERISA (Employee Retirement Income Security Act of 1974) short term disability, (STD) or ERISA long term disability (LTD) plans. STD and LTD benefits are usually provided through either a policy, or […]

The “Own Occupation vs. Any Occupation” Definition of Disability in LTD Cases

By Iván A. Ramos

All long term disability (LTD) claimants should have a thorough understanding of how their LTD plans operate. Most ERISA (Employment Retirement Income Security Act of 1974) group policies are composed of similar language that specifically outline how a claimant’s benefit eligibility is determined. However, while this language is mostly the same […]

What is the “Elimination Period” in a Long Term Disability Policy?

In a long term disability (LTD) claim, the elimination period is the number of consecutive days over which a claimant must be disabled in order to begin receiving monthly benefits. Its usual timeframe is either 90 or 180 days. In some policies the elimination period is called the waiting period. Some employer-provided disability plans […]

The “Mental Illness Limitation Clause” in Long Term Disability Policies

It’s highly probable that your long term disability (LTD) policy limits the time that your insurer will pay benefits if mental illness is the cause of your disability. A fairly standard provision within most LTD policies sets 24 months as the maximum duration for which a mental health disability claimant can receive LTD benefits. […]

The Obligation to Exhaust Administrative Remedies in ERISA LTD Lawsuits

If your long term disability (LTD) claim is denied, you will have 180 days (just under 6 months) to file an administrative appeal. Moreover, if your disability plan is governed by the Employment Retirement Income Security Act of 1974, (ERISA) your denial notification letter most likely will state that information. Regardless, it is of […]

Preparing Your Appeal Letter

Many claimants who have had their Long Term Disability (LTD) benefit application rejected unwittingly think that simply “filing a letter” is sufficient enough for a successful appeal. Unfortunately, they are mistaken. In this respect, claimants’ naivety is a tremendous ally to insurers. In fact, it seems like disability insurance companies count on the insured’s […]

Steps to Appealing Your Long Term Disability Denial

Long Term Disability (LTD) Attorney Iván A. Ramos understands that dealing with a debilitating injury or illness is very difficult on both the afflicted, and their families. He also realizes that the last thing you want to do during an illness is to try and assemble a complicated legal appeal with which you have […]

Five Common Excuses Insurance Companies Use to Deny Your Disability Claim

When an insurance company denies or terminates long term disability (LTD) benefits, it’s typical for claimants to feel discouraged by the excuses used for rejecting their claims. They may even feel too intimidated to take the matter further, and simply give up. In fact, that’s what insurers hope you’ll do. However we urge you […]

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Long Term Disability Lawyers

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Ramos Law is a Long Term Disability Lawyer serving Hartford, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont and New York Metro.

* We Welcome Disability Insurance Case Referrals from Other Law Firms LEARN MORE

Main Offices

255 Main Street, Suite 401,
Hartford, CT 06106

60 Island Street, Suite 108,
Lawrence, MA 01840

Phone: 860.519.5242

Hours of operation:
9:00 a.m – 5:00 p.m. M-F

Long Term Disability Lawyers


Long Term Disability Video
Ramos Law is a Long Term Disability Lawyer serving Hartford, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont and New York Metro.

* We Welcome Disability Insurance Case Referrals from Other Law Firms

LEARN MORE

Main Offices

255 Main Street, Suite 401,
Hartford, CT 06106
Get Directions >

60 Island Street, Suite 108,
Lawrence, MA 01840
Get Directions >

Phone: 860.519.5242

Hours of operation:
9:00 a.m – 5:00 p.m. M-F

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