Archives for Uncategorized

Medical Record Ping-Pong

Have you ever played a game of ping-pong? The game where you hit the ball back and forth? A somewhat frustrating development in the world of disability insurance appeals has emerged due to the recent revision of the federal regulation implementing ERISA, the federal law that governs most long-term disability claims, 29 CFR § 2560.503-1. The revision requires a disability insurer that denies long-term disability benefits to provide a copy of the medical evidence, on which the denial was based, to the insured for a response before the insurance company renders a final decision. While this may sound like a
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2021 Long Term Disability

Were you receiving short-term disability from a disability insurance company in 2020?  Were you expecting your claim to transition from short term to long term at the end of your short-term disability period, only to find that the insurance company doesn’t find you incapable of working?  If you have a denial letter on your long-term disability insurance claim, the insurance company will tell you that you can appeal the denial.  This isn’t something to rush in to.  Before you write a short, medically unsupported letter, you may want to consult with an ERISA disability insurance attorney to see if they
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Return To Work Ultimatum

Return To Work Ultimatum People go out of work for any number of reasons: disabling medical conditions, family crises, COVID-19, and other leaves of absence.  However, sometimes your employer issues an ultimatum: return to work  or lose your job. At this point, a consultation with an attorney can often prove valuable.  If you are medically unable to return to work and your employer insists that you return to work or lose your job, the initial question is whether your employer is covered by the Family Medical Leave Act and whether it applies to your situation.  The next question is whether
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HAVE YOU MISSED A RECENT ERISA FILING DEADLINE?

COVID-19 Deadline Extension COVID-19 has been a dark cloud in 2020, but for ERISA disability insurance claimants, there is a bright silver lining: A new federal rule provides that ERISA disability insurance filing deadlines which occur after March 1, 2020 are suspended during the “outbreak period” until 60 days after the COVID-19 National Emergency ends.  That means if your ERISA disability claim or appeal was due after March 1, 2020 and you missed the deadline (your claim or appeal was due in March 2020, April 2020, June 2020 and so on), it is still timely as of the date of
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Administrative Exhaustion

ADMINISTRATIVE EXHAUSTION If you see the words “administrative exhaustion” or “you have exhausted your administrative remedies” at the end of a letter from a disability insurance company you may wonder what this means.  Disability insurance polices governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) require that a disability insurance claimant seeking to bring a lawsuit under the ERISA statute complete all necessary appeals with the ERISA administrator before filing suit.  ERISA governs employee benefit plan litigation, meaning benefits workers obtain as a result of working for an employer, with exceptions for most government and church plan employees. 
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Covid-19 and Disability

COVID-19 AND DISABILITY If you have a disability insurance policy and have been unable to report to work due to being diagnosed with covid-19, or medical issues that put you in an at-risk group, you may be entitled to disability insurance benefits.    The CDC has said some people are at higher risk during the pandemic, including those suffering from asthma, chronic lung disease, diabetes, serious heart conditions, chronic kidney disease on dialysis, severe obesity, immunocompromise, or liver disease, among other medical conditions (https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html).  If you have been unable to return to work or have been terminated from your job, give
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TOTAL AND PERMANENT DISABILITY TAX EXEMPTION

TOTAL AND PERMANENT DISABILITY TAX EXEMPTION Helpful Information For Our Disabled Clients Florida residents who own a home and are totally and permanently disabled may be eligible for a total permanent disability tax exemption.  Visit the Florida Department of Revenue’s website and print out form DR-416 for your doctor to complete.  Once complete, retain the original for yourself, and either call or go to the Property Appraiser website for the county you live in to find the instructions for the process on submitting a copy of your DR-416 form. Please note that a certification from the United States Department of
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Employee Appreciation Day

Friday, March 6, 2020 is national employee appreciation day.  As the vast majority of all our clients obtained their policies as an employee benefit, we salute and appreciate all of you.  We know you would rather still be in the workforce.  Your work as employees in the past has enabled work for our employees in the present.  We appreciate the opportunity to work for you and get those benefits that you paid in to awarded.  And Coffman Law is grateful for its employees that drive the firm to success for all of the clients that depend on us for their
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Cold and Flu

Cold and Flu Season and 2019 Wrap-up As we enter cold and flu season, it’s important to remember that while these bacterial and viral infections are often considered minor or temporary, it could be problematic or serious for someone who is disabled and has other factors that are compounded by the sickness.  Please remember to wash your hands correctly (see this guide from the Center for Disease Control – https://www.cdc.gov/handwashing/when-how-handwashing.html) in order to have a better chance at avoiding getting sick.  We hope everyone is able to enjoy the holidays.  We wish you all a Merry Christmas, Happy New Year,
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World Kindness Day

November 13 is World Kindness Day. Stop and take a moment to think of a way that you can be kind to someone.  Think of a way to put someone else first.  We get busy in life and sometimes fall prey to putting ourselves first above all else.  Isn’t it ironic that world kindness day falls so shortly after Veteran’s Day — a day that honors those who sacrificed for others?  Ephesians 4:32 tells us “Be kind to one another, tenderhearted, forgiving one another, as God in Christ forgave you.” If you liked this article, please consider sharing it!
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