I’m a Physician with a Disability—What Can I Do to Protect Myself?
As a physician, you’re trained to solve complex problems under pressure. You have worked hard for your career, and probably never expected to have to stop working due to a disability. Perhaps you applied on your own for those benefits and the insurance carrier denied your claim, or perhaps you’re beginning the process of applying for long-term disability insurance benefits. What can cause highly educated medical professionals to lose their long-term disability appeals?
It’s not a lack of intelligence. And it’s definitely not because you’re “not really disabled.”
In my work representing physicians and other high-income professionals, I’ve seen a frustrating pattern: doctors who rightfully file for disability benefits are denied just as frequently (and sometimes more so) as people who are not trained in medicine.
Here’s what’s going wrong, and how you can protect your livelihood and your future.
- Doctors are often treated on an informal basis by their colleagues
Any professional with a large network of trusted colleagues will turn to them first when something in their field goes wrong. That’s a given, and I get it. My father was a general practitioner from 1969 until 2021, when he passed away, and he was my first, and often only, phone call when I or my family had a medical concern. However, these initial, informal phone calls and diagnoses don’t make it into your medical records. So while you may have a months- or years-long history of seeking medical advice for your ailment, the medical records may look as though you just started treatment for a condition that has now become disabling. My first task with any of my clients in the medical field is to request their complete relevant medical records, so that I can ascertain how supported their disability is within the records that the insurer will review. And if those records are incomplete or sparse, I develop a strategy, through declarations, letters, or any other means, to make sure that the true course of treatment is documented in the long-term disability claim file.
- Insurers may use narrow definitions of “Disabled” for doctors
If you’re a surgeon who can’t operate anymore, that may seem clearly disabling to you. But your policy might say otherwise—especially if it’s a group policy through your hospital or medical group.
Many doctors are shocked to learn that their policy allows the insurer to deny benefits if they can do any work in a related field, such as consulting or teaching.
What to do: Get a copy of your full policy—not just the summary. A legal review by Springer Ayeni can help uncover how your “own occupation” is actually defined.
- Doctors may think it’s better to scale back to part-time rather than filing a disability benefit claim
In my experience, physicians and other professionals who have dedicated their lives to developing their expertise through education and practice, are incredibly determined to hang onto even part of their work rather than file a claim under disability insurance policies. Why? Because you have worked for your entire life to become a physician, and you may have even set that personal goal when you were just a child. My father never retired as a physician, and even when he became frail and sick, he kept working, forsaking all else, until shortly before he passed. For those of us who truly enjoy helping others in our profession, we may not even contemplate retirement, let alone leaving the practice much earlier than expected due to a disability.
Unfortunately, long-term disability insurers often operate under what I have dubbed the “hit by a bus theory,” where one day you are fully capable of performing your job without limitation, then you get “hit by a bus,” and the next day you are disabled. Most disabilities are not so straightforward, and many physicians continue working as long as they can with progressive disabilities,.
If you have strived in your profession for years and years, then your medical condition causes you to lose some capacity, you might start by scaling back your hours, or switching to more administrative tasks. Before making this kind of career move, please give me a call at 510-926-6768, so I can discuss the strategy of whether you might qualify for long-term disability benefits, and what the impact of switching job duties or reducing hours might be on an eventual disability claim.
What to do: Call me to discuss your disability and the terms of your benefit plan as soon as possible so that you can develop a strategy for whether, and how, you might either scale back your duties, file for disability benefits to replace your lost income, or both. Ironically, disability insurers often scrutinize partial disability claims harder than total disability claims, seeming to punish those who have tried heroically to keep working despite disabling limitations. I am here to help and advise, and I encourage you to let me help you make an informed decision about reducing your hours or filing a disability claim.
- Medical Records or Treating Physician Forms Alone Usually Aren’t Enough
Insurers don’t just want to know your diagnosis. They want to see how your condition limits your ability to perform your specific job duties. In the ultimate “gotcha,” however, insurance forms for treating physicians to fill out either don’t ask the right question (“how”) or don’t leave enough room for your doctor to answer that question thoroughly. Stating an ICD Code and a condition, like “long-COVID,” “Parkinson’s Disease,” “Mild Cognitive Disorder,” “Major Depressive Disorder,” or “Migraine,” etc., is insufficient to prevail on a claim for disability benefits. You and your doctor need to explain how your condition affects your ability to specific tasks in your practice, such as stand during rounds, hold your arms in the correct position during surgery, respond adequately to emergencies, work a nightshift or be on-call, or manage a high-stress practice.
What I suggest: Work with your treating doctor to create a detailed functional report—not just a chart note, by writing down a list of what specific job duties are affected by your disability, and going over that list with your treating physician. It’s best if your medical records can be as detailed as possible about what you are unable to do at work. Also, the boxes on insurance forms are not a limitation! Put in an asterisk and attach a supplemental page or 2 to submit as much helpful information as possible.
- Doctors Are Prime Targets for Surveillance
High-income professionals like doctors are often watched, because they are expensive claims for the insurer to pay. A short video of you walking, driving a distance longer than your restrictions permit, shopping in a store, or attending your child’s sports game can be twisted to argue you’re not truly disabled.
What to do: Make sure all of your social media settings are set to “private.” Be mindful of what you do in public and what your restrictions and limitations are. Be honest in disclosing your actual activities on forms. For example, if your physician has recommended exercise to improve your disabling conditions, make sure you state on your application or update forms what you do and why it was prescribed by your doctor. If benefits have been denied, be sure to request and review all surveillance footage so that you can include context for what was actually happening on that day. Judges ultimately appreciate context, and understand that there may be anomalous events that do not necessarily mean that you can return to the full-time practice of medicine. While insurers may be looking for a “gotcha,” have faith that most judges are wise enough to see the big picture.
- ERISA is brutally technical
The ERISA process has strict rules. You often get only one appeal to submit your evidence, and it must be submitted by a specific date or you lose your right to the claim. Moreover, if you miss including key documents, you may not have the chance to get that evidence in front of the court if you later go to court.
What to do: Don’t wait until after your appeal is denied to consult a lawyer. The best time to get legal help is before you submit your appeal—when there’s still time to shape the record. Reach out to me at www.benefitslaw.com or 510-926-6768 and I would be happy to discuss your specific issue with you in more detail.
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The Elephant in the Room: Can AI Really Handle Your ERISA Disability Claim and Appeal?
Why Turning to a Bot for Legal Advice Could Hurt Your Claim—And What You Deserve Instead
Let’s be honest: more and more people are asking AI tools like ChatGPT or Google’s Gemini how to appeal a denied disability claim before they ever think of calling a lawyer.
I get it. AI is fast. It’s available 24/7. It doesn’t require talking with a live person about the difficult details of your health. And, of course, AI is free or low-cost.
But when your financial stability and health are on the line, you need to know the full truth: AI is not a substitute for experienced legal counsel. In fact, trusting AI blindly could do more harm than good.
As someone who has spent 23 years representing clients in ERISA disability cases, I’m not here to bash technology. There is much to gain from the efficiency of evolving technology and I am certainly not advocating AI abstinence. I am here, however, to lay out the risks, differences, and reasons why having a compassionate, strategic, and knowledgeable attorney matters for something as critical to your financial health as your long-term disability benefits.
Why People Turn to AI—and Where It Falls Short
If you type into ChatGPT:
“How do I appeal a denied ERISA disability claim?”
You’ll probably get something like this:
“Request your claim file. Review the denial letter. Submit additional medical evidence. Write an appeal within 180 days.” You might even get general “advice” about including medical records and statements in support of your appeal. However, even AI knows its own limitations. A common Bot disclaimer goes something like this:
“Generative AI features are not intended for professional advice. Do not use generative AI features to seek or provide legal, medical, financial, or other kinds of professional advice or any opinions, judgments, or recommendations without conducting your own independent consultation or research. Generative AI features cannot replace advice provided by a qualified professional and do not form any such relationship (e.g., attorney-client relationship).” (https://www.adobe.com/legal/licenses-terms/adobe-gen-ai-user-guidelines.html)
Even tech giants know that the disclaimer is necessary because AI advice is not strategic, not confidential, not detailed, and, in fact, is dangerously simplistic.
For example, AI does not, and cannot, analyze whether your plan’s language requires a de novo or abuse of discretion standard of review in court; whether the facts of your case meet the definition of disability under your plan language; whether the insurer has disclosed all required information in its claim file; whether there is evidence of biased claims handling in your file; whether the insurer has calculated offsets accurately in your case; what evidence in the claim file needs to be rebutted in an appeal; what the likelihood of settlement and possible settlement amount in litigation might be. The list goes on and on. These are the kinds of distinctions that change the outcome of a case—and they’re not in an AI’s toolbox.
The bottom line: AI gives you non-confidential general advice. Springer Ayeni gives you a legal strategy based on decades of experience handling ERISA long-term disability cases.
AI “Hallucinations” and Fake Law: A Dangerous Trend
AI tools are known for hallucinating legal citations—that is, making up case law that sounds real but isn’t. See https://hai.stanford.edu/news/ai-trial-legal-models-hallucinate-1-out-6-or-more-benchmarking-queries I’ve read up on examples of how AI will generate completely fictitious case references and quotes from decisions that don’t exist. This isn’t just sloppy, it’s dangerous.
First, if you submit an appeal letter to an insurer or judge citing bogus cases, you undermine your credibility. Second, insisting that there are cases in your favor when you reach out to an attorney, when those cases are entirely fictious (unbeknownst to you), will make an attorney hesitant to offer to represent you. Attorneys and their clients should be on the same team at all times. Most importantly, you won’t even know when AI has done you dirty with a fictitious citation, because it often sounds right and the wrong cases are mixed right in with actual cases.
The bottom line: Legal writing is not just writing. It’s advocacy, precision, and ethics. AI is still a baby in the world of law, and cannot be trusted to do actual legal research.
AI Is NOT Confidential, and that Can Put You at Risk
AI is not a lawyer. It doesn’t form an attorney-client relationship, as all of the tech User Guidelines state. That means:
- There is no legal confidentiality. What you input may be stored, analyzed, or even discoverable later.
- You might waive privilege by sharing facts about your medical condition, employment, or insurer. Moreover, AI remembers your input from search to search, so even if you don’t share all the facts in one session, it may know a lot more about you, your condition, your family, your history, your dreams, and your goals from all of the data you have input in previous searches.
- There is no duty of loyalty. AI doesn’t protect your interests—it just completes a task. For example, when Chat GPT conversations are shared, Google produces those conversations as “results” upon a simple search. See https://cybernews.com/ai-news/chatgpt-shared-links-privacy-leak/
As an attorney, I never input confidential client information into AI platforms. Doing so risks ethical breaches and the security of your case. Some lawyers are misusing AI and unknowingly exposing clients. That’s not how I work.
If I use AI at all, it’s only for mundane administrative tasks—not for case strategy, legal analysis, or communication.
The bottom line: Your trust is sacred. And your privacy is non-negotiable. AI will not protect you and advocate for you like a good attorney will.
A Real Appeal Tells the Real Story—Not Just the Medical One
An AI might focus only on lab results and doctor notes. But I know that winning a disability appeal requires telling your whole story, not just summarizing medical visits. It also requires understanding the law and how it applies to the facts of your case, and being able to spot and rebut flaws in the insurer’s claims handling and medical reviews.
I listen for and translate the truths that often don’t make it into a medical file, like how your fatigue crashes your productivity by noon, or how your brain fog makes multi-step tasks impossible not just at work but in your everyday life, or how your anxiety prevents you from completing your tasks efficiently, or even how you have good days and bad days, requiring you to rest for days if you have over-exerted yourself on a good day.
I draw out the details of your daily life, your work history, and your limitations, and I explain them clearly and persuasively to the insurance company. This isn’t something a chatbot can do. It takes time, training, empathy, experience, and sound judgment.
The bottom line: I’m not just reviewing records. I’m building your narrative, filling gaps in the file, rebutting arguments, and fighting for your future.
AI Can’t Show Up for You. I Will.
Some pundits say AI will replace lawyers. I do think that technology can make lawyers more efficient at administrative tasks that take away from time spent on actual cases. However, the best lawyers, those who listen, advocate, strategize, work as a team with their client, and ultimately are successful in cases, cannot ever be replaced by a bot. Technology will evolve, but compassion, reputation, and results still matter.
When you retain me, you’re not getting a script. You’re getting:
- 23 years of ERISA disability experience
- Strategic, circuit-specific legal knowledge
- A reputation for success and tenacity among colleagues, insurers, and opposing counsel
- A teammate who sees you as more than a claim number
- A fierce advocate who will not ignore you or reduce you to a piece of datum that will influence future actions
The bottom line: You deserve someone who understands not just the law, but the weight of what’s at stake. You deserve someone who knows how to get results and treats you with dignity along the way.
Final Word: Don’t Trust a Bot with Your Livelihood
AI has its place, but not as your attorney. Not when your disability benefits, your financial survival, and your mental and physical health are on the line.
Before you go down a rabbit hole of chatbot answers, talk to someone who’s been through this hundreds of times, someone who won’t hallucinate law, who respects your privacy, and who knows how to win an appeal, not just write about it.
Contact Springer Ayeni today. Let’s protect what matters most—your income, your dignity, your future.
Springer Ayeni: Compassion. Reputation. Results.
www.benefitslaw.com
A Conversation with Attorney Cassie Springer Ayeni
Q: When did you know you would pursue a career in the legal field?
CSA: As early as junior high or high school, I felt the need to advocate for others, to make a point to stand up for the kids who were being bullied or ostracized. I also realized around the same time that I truly enjoyed writing, reasoning, and debating. The law seemed a natural fit: I could use my skills to make a palpable difference in people’s lives. I had settled on a career in law by the time I was 16 and never looked back.
Q: Can you explain what types of cases an ERISA Attorney handles and why you chose this area of law?
CSA: I primarily help people with their employer-sponsored disability benefit claims. ERISA governs all private employer benefit plans, not just pension plans. Many employers provide disability benefit plans in addition to health and pension benefits. In fact, 65% of ERISA litigation is over denied disability benefit claims. The plans are often insured, and clients typically come to me after they stop working, apply for disability benefits to the insurance company, and are denied. I then step in to try to get their disability benefit income restored while they focus on their health.
Q: What is your approach or philosophy to winning or representing a case?
CSA: I lead with kindness. I want to understand truly what my clients have gone through medically, economically, and emotionally to get to this point in their lives, and how I can help. In representing a client, I am there for that person: I am responsive and listen with an open heart. I believe this the secret to winning a case as well – if I am doing my job right, I am painting a picture of the person and the case to help the court appreciate why my client is deserving of their disability benefits. I have the paintbrush and paint ready because I have spent months getting to know my clients and researching the law. And I also aim to be the best-prepared lawyer in the room with the most compelling brief … that helps too.
Q: If we interviewed all your past clients … what is “one” common word that comes up when they describe working with your law firm?
CSA: Compassion
Q: What are some of the most popular topics you are asked to lecture on?
CSA: I speak frequently on ERISA topics, especially in my current role as the co-chair of the ABA’s Employee Benefits Committee. I love presenting to newer attorneys about the fundamentals of ERISA litigation, because I am eager to energize attorneys about how engaging ERISA work is. ERISA is fun! The law is always evolving, providing constant intellectual stimulation, and practicing ERISA law is also a great way to help people in need. I also enjoy speaking to women about re-defining what it means to be a successful litigator, and how to challenge traditional law firm standards to achieve a better work-life balance.
Q: What advice would you give to young women who want to pursue a career as an Attorney?
CSA: Any woman who wants to pursue a career as an attorney should make sure that her potential work environment values diversity and inclusion, fosters a sense of belonging, and creates opportunities for women at every turn. If she is unable to find that environment, she should open her own law firm and create those opportunities herself.
Q: How do you maintain a work/life balance?
CSA: Being the owner of my firm allows me to make up the rules: I look to the best practices of progressive companies and pick policies that I believe are imperative to work/life balance for everyone. I figure that everything I need to raise four children and work full-time as an attorney is what everyone at my firm needs too. I offer unlimited PTO, great benefits, four months of fully paid maternity leave, the ability to bring children in to work as needed (in fact I have brought each of my babies into work until they needed another environment), the ability to work from home, and a practical approach to parenting … like closing the office on Halloween and Valentine’s Day so that we can all attend class parties without rushing to or from work. I, of course, avail myself of each of these policies, which is why I created them in the first place. That’s not to say that I don’t wake up early to work for a bit so that I can focus fully on my kids to take them to school, or grab a few hours on the weekend to pound out a brief, but family always comes first, for me and for everyone who works at Springer Ayeni.
Q: What’s one lesson you’ve learned in your career that you can share with our audience?
CSA: I have always learned to be myself. If you are authentic, you are compelling as an advocate and a counselor: you listen and communicate better when you are not spending energy on worrying about how you should come across. I also believe in the power of preparation. If you are committed to doing your best and preparing your utmost, then even a negative outcome cannot be met with regret, but a positive outcome is much more likely. And if you’re nervous before a court appearance or speaking engagement, just take a breath and realize that even in a worst-case scenario, you will survive and move forward … we all do.
Q: What are some of the challenges you feel women face today?
CSA: Looking at women lawyers only, there is much progress to be made. As Joan Williams at the UC Hastings Center for WorkLife Law has analyzed convincingly, women lawyers (and women in other fields too) are asked to “prove it,” then “prove it again.” In other words, women need to do the job before getting the promotion, whereas men are promoted based on potential. This is a major obstacle to women’s promotion and needs to be addressed systematically.
Five Things About Cassie Springer Ayeni
1. If you could talk to one famous person past or present, who would it be and why?
There are so many! But if I had to pick one it would be Harriet Tubman – her courage and vision even in the face of medical problems were and are awe-inspiring.
2. What’s your favorite holiday? Why?
Valentine’s Day! I don’t view it as just a romantic holiday, but as a day to express to those around you how much you care.
3. If you were a superhero, what would your special powers be?
Time-traveling. That would be magical!
4. What app can’t you live without?
Facebook – it has allowed me to make great connections with other lawyer moms – lawmas!
5. Favorite food to eat?
Strawberries. Now, then, forever, and always.
See the interview at https://bayareawomenmag.com/news/view/11665/Her_Firms_Achievements_-_Results_are_Measured_by_the_Satisfaction_of_Her_Clients_A_Conversation_with_Attorney_Cassie_Springer_Ayeni
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How to Apply for Long-Term Disability When You Stop Work
By Cassie Springer Ayeni
You never thought it would happen.
You thought you would work until retirement or beyond, but then along came your vestibular disorder. Now, focusing on a computer screen is a challenge; someone has to drive you to work; walking is a safety hazard; and your concentration is not what it used to be. All of these symptoms can interfere with your ability to do the material duties of your occupation, and can make an attempt to get through a workday exhausting and frustrating as you struggle to complete tasks that used to be easy for you. You
see your doctor and she tells you the time has come to stop working due to your disability. Now what? How will you live without your income? Here are some options and a plan:THERE ARE SEVERAL SOURCES FOR DISABILITY BENEFITS Besides savings (and it is almost unheard of for someone in the prime of her
working life to have sufficient savings to live decently for the rest of her days), income sources for people with disabilities include:
1.Short-term disability insurance benefits through your employer (these usually last for 6 months).
2.Long-term disability insurance benefits through your employer (these usually start after 6 months and can last until retirement age).
3.Private disability insurance plans (insurance you purchased for yourself that can last through retirement age or beyond).
4.State disability insurance (usually lasts for a year, such as through California’s Employee DevelopmentDepartment “EDD”).
5.Social Security Disability benefits (SSDI) (available after being disabled for 6 months and lasting through retirement age).
6.Workers’ Compensation benefits (if your disability is due to a work-related injury).
In this article we will focus on the first two of these income sources: short- and long-term disability benefit plans offered by your employer. (See VEDA’s other articles on how to apply for SSDI.)Many employers offer group disabilityplans to their employees because the premiums are low and they can be a huge benefit to employees struck with a disability, whether short- or long-term. These benefits are usually paid by insurance companies such as Unum MetLife, Hartford, Principal, Standard, Cigna/Lina, Guardian, Sun Life, and others.A complex area of law called ERISA (the Employee Retirement Income Security Act) governs these employee benefit plans, even though you apply to an insurance company for payment of the benefits. Under ERISA, there are technical rules governing timelines for the insurance company to decide whether to pay your claim. It is a good idea for you to get help with your disability application and, of course, with an appeal of any denials.
Important Tip: Even though you have a disability plan through your employer, you can still apply for all of the other disability benefits listed
above. However, the benefits are usually coordinated so that you only receive a fixed percentage of your salary altogether, usually 2/3 of yourprevious income up to a maximum benefit per month.
YOUR DOCTOR’S ROLE
Many people with vestibular disorders have a long-standing relationship with a supportive doctor. This relationship is instrumental to getting your disability benefit claims approved. Please make sure that your doctor knows how important it is that she fills out forms promptly so that your income stream can continue while you are not working. Here are some key tips for the “Attending Physician Statements” that you submit to the insurance company.
Tip #1:
Your doctor should answer the question “why is the patient disabled now?” especially if you have been struggling to work while symptomatic fora while. Did it worsen? Have your attempts to keep working caused a decrease in your performance? Is the fatigue from managing your symptoms getting the best of you, causing you to nap during the day? Are the symptoms interfering with your ability to perform the activities of daily living, such as preparing meals? Ask your doctor to be specific and make sure this is in your medical record.
Tip # 2:
One of the areas of misunderstanding with “invisible disabilities” like vestibular disorders is that a successful claim must depend on your report of “subjective” symptoms in addition to any objective tests. For the subjective symptoms to be deemed reliable by an insurance company, your
doctor should point out that you are credible in your symptom reporting. When your doctor notes this, it helps prevent the insurance company from doubting your credibility, an unfortunately common reality when insurance companies are looking for a way to cut costs. A good way to keep track of these symptoms is by keeping a log to share with your doctor: when you are nauseous or have a headache or a bout with vertigo, write it down in a log with a symbol for each symptom, then bring the log to every medical appointment.
Tip # 3:
If you have symptoms that can be objectively documented by testing, please get those tests done as soon as possible. For example, if you have concentration or other cognitive difficulties, ask for a referral for a neuropsychological examination, which provides objective evidence of those
symptoms.
Tip # 4:
Regularly schedule check-ups. Even if you have been relatively stable, it is a good idea to see your doctor at least every 6-12 months. This helps demonstrate to the insurance company that you are under the regular care of an attending physician. Insurance companies typically request medical records every 6-12 months.
Tip # 5:
If you don’t already have an ERISA lawyer, you might want to check in with one now. Your lawyer can work with your doctor to get the forms filled out the right way the first time.SUBMITTING THE APPLICATION Finally, your doctor has told you that resting without working is in the best interest of your health. You have agreed and have decided to apply for benefits.
Here is a checklist:
1.Request the short – and long-term disability application forms from your Human Resources (HR) department.
2.Request a copy of the short- and long-term disability policies from HR.
3.Take a stab at filling out the application forms, but do not feel limited to the boxes on the forms. If you need extra space, include an addendum. If the question on the form doesn’t really apply to you, modify the question and answer tostate what needs to be said about why you are disabled.
4.Make sure that your employer knows they will have to fill out a form verifying your income and job duties.
5.If it’s too overwhelming, ask an ERISA attorney to check your work to make sure that your application gives you the best shot at success.
6.If your application is denied, you should never attempt to appel on your own without the benefit of some legal advice.
Know Disability Benefits Before Accepting A Job Offer
You found it: the perfect job for your next career move with a great salary. You are ready to give your acceptance! But before you do, understand what’s really included in the “benefits package” that your future employer described to you in broad strokes. Yes, there is health insurance and 401(k) matching, but an often-overlooked benefit that becomes crucial in a time of need is your employer’s long-term disability insurance benefit.
Many employers provide a long-term disability insurance policy to employees, which most employees could care less about because no one intends to be taken out of their profession by a disability. Yet a disability can come in many forms, and there are visible and invisible disabilities. You may be entitled to a disability benefit because you are recovering from a surgery, because you experience pain, because you have a degenerative condition, because you suffer from a brain injury, because you have a life-threatening condition, or due to mental health issues. Although you hope to never need to make a disability claim, it’s smart to be aware of what the plans provide should you need to make a short- or long-term disability claim.
The finances:
Disability insurance plans typically cover 60-66.67% of your base income. In general, if you pay the premiums with after-tax dollars as a payroll deduction, then the benefit is non-taxable. If your employer pays the premiums, then the benefit is taxable. Therefore, if you have the option, CHOOSE TO PAY THE PREMIUMS YOURSELF! The tax savings should you become disabled will be well-worth the monthly premium cost.
Disability insurance benefits typically pay through Social Security Normal Retirement Age, which is age 67 for those born in 1960 and later. A monthly income for the years when you are unexpectedly taken out of the workforce, particularly if your disability is expected to last for the rest of your life, is wonderful peace of mind.
Most disability insurance policies, however, cap the “maximum benefit” payable to a certain dollar amount per month. The lowest cap I’ve seen is $6,000 per month. The highest cap I’ve seen is $30,000 per month. If your plan has a low cap that would not be enough to sustain your quality of life if you become disabled, either reconsider the job offer or take our private disability insurance. You may even use this need for private insurance as a bargaining chip to negotiate for a higher salary, as such insurance is typically quite expensive.
The logistics:
Just because a disability benefit plan is offered, does not mean that approval for benefits under that insurance plan will be a piece of cake. If you have a disability that is degenerative in nature, take some time to plan your exit strategy over several months with your doctor’s advice. Work until your physician advises that you no longer should, and then seek the advice of an experienced ERISA attorney to guide you through the application process to ensure the best chance of success at the outset.
With some basic knowledge and the right planning, ERISA disability insurance benefits can be a valuable addition to your compensation package.
Cassie Springer Ayeni is the President of Springer Ayeni, A Professional Law Corporation, where she represents individuals in disability benefit applications, appeals, and lawsuits. She can be reached at www.benefitslaw.com
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