Being Approved For Disability Benefits Is Not The End of the Process: Continuing Proof of Disability Claims
Most clients do not realize it, but filing a disability claim and having it approved by the insurance company is not the end of the process. Often, that is only the beginning. In fact, during the first couple of years you’re receiving disability benefits, the insurance company will give your claim the utmost scrutiny. They will look for any and all reasons to stop paying you what you are entitled to receive by contract and by law. How can you prevent this from happening? By retaining a knowledgeable disability firm to represent you on an ongoing basis.
At DeHaan Busse LLP, for example, our attorneys maintain your disability benefits by monitoring the insurance company, and by complying, in a timely manner, with their requests for continuing proof of your disability. Sometimes, that can mean the submission of updated medical reports from your treating physician and updated diagnostic tests results; as well as submission of your own statements demonstrating an ongoing disabling condition. Insurance companies consider continuing proof of disability to be your obligation, and the least overlooked detail could result in your loss of monthly benefits – critical income that you need to live and pay your bills.
As we’ve said before, insurance companies are not in business to pay you the benefits you deserve; they are in the business to make money for themselves and for their shareholders. Therefore, it is not uncommon for insurers to look for reasons to terminate benefits even after approving them. In fact, they sometimes seem to double-down on their efforts to cancel you through constant requests for more documentation all the way through to hidden surveillance, which most often simply records a mere snapshot of your disabling condition, as opposed to ‘the complete picture.’ A damaging surveillance video could result in termination of your benefits. That’s why having experienced counsel on your side can make all the difference.
If you need assistance supplying continuing proof of disability to your insurance carrier, contact DeHaan Busse LLP. We stay on top of your claim and keep the insurance company off your back. You need, after all, to focus on recovering.
Chronic Fatigue Syndrome Is A Real Disability
In our practice, we often see clients with severe Chronic Fatigue Syndrome (CFS). Despite the disabling characteristics of Chronic Fatigue Syndrome, insurance companies often will arbitrarily deny these claims.
Why?
The number one reason insurance companies believe they can deny a disability claim for Chronic Fatigue Syndrome is that currently there is no objective medical diagnostic tool that can determine the existence of the condition. That means – no CT scans, no MRI’s, no ultra sounds – are available to offer up ‘tangible’ evidence of CFS. However, bear in mind that CFS is a medically defined and accepted condition. Just because science does not have the technology to ‘see’ Chronic Fatigue Syndrome, does not mean it doesn’t exist or that it doesn’t disable an individual and prevent him or her from living a normal life including holding down a job.
What Is Chronic Fatigue Syndrome (CFS)?
Chronic Fatigue Syndrome is just that – a constant felling of fatigue that does not improve regardless of how much you rest or sleep. The origin of this condition still remains a medical mystery, meaning there has been no decisive research results to determine the cause. However, many in the medical field have theorized that CFS may be caused by viral infections or emotional disturbances such as anxiety or depression.
Typically, more women than men suffer from Chronic Fatigue Syndrome, and it usually occurs in middle age. Symptoms include headaches, muscle aches of unknown origin, exhaustion, slightly painful and enlarged lymph nodes, inability to focus or concentrate, and sometimes a sore throat.
The good news is that Chronic Fatigue Syndrome can go away, eventually. And, there is treatment available.
However, if you have been diagnosed with Chronic Fatigue Syndrome and it prevents you from working, your best best is to consult with a knowledgeable disability attorney before filing a disability claim.
Legislative News . . .
Akaka statement on financial crisis at the United States Postal Service
SOURCE: www.akaka.senate.gov
Washington, D.C. – U.S. Senator Daniel K. Akaka, chairman of the Senate Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, spoke at hearing today examining the ongoing financial crisis at the United States Postal Service.
Senator Akaka’s remarks, as prepared for delivery:
“I want to thank Chairman Carper for calling this important hearing today about the future of the United States Postal Service. As we have heard time and again over the last three years, the Postal Service faces a devastating financial outlook.
By the end of this fiscal year, the Postal Service may not be able to fully pay its five billion dollar retiree health benefits prefunding obligation. The Government Accountability Office report released last year examines several options to help the Postal Service.
I commend Senator Carper and Senator Collins, who have both introduced legislation that aims to help the Postal Service meet its obligations by addressing overpayments to the retirement funds. Additionally, Senator Carper’s Postal Operations Sustainment and Transformation (POST) Act offers several provisions which would allow the Postal Service to innovate and expand its business.
However, both of these bills still contain a provision introduced in the last Congress which would bias the collective bargaining process to favor the Postal Service during arbitration.
The fact that the Postal Service and the American Postal Workers Union ratified a new four-year contract last week demonstrates that the Postal Service and employees can work together to reach an agreement that meets everyone’s needs. Congress does not need to inject itself in the collective bargaining process.
I also want to mention the issue of five-day delivery. As I expected, the Postal Regulatory Commission’s estimated savings for cutting a day of service is lower than the Postal Service’s. The Postal Regulatory Commission also points out that Postal Service did not examine thoroughly the impact on rural areas. I am concerned about the impact of cutting service on Hawai’i, which already has slower mail delivery due to its location and challenges moving mail between islands. Ultimately, I do not believe this change would help the Postal Service attract new business or revenue. Instead, it could harm those who rely on the Postal Service.
Again, I want to thank my colleagues for their hard work on these issues, and thank all of our witnesses for their contributions to the conversation. These hearings will help us as we move forward with legislation to finally ensure a long-term fix for the Postal Service.”