By: Mary Ellen Flynn, Attorney at Law
The end of a marriage is an emotional time. From property division to child custody and more, there’s a lot stake. Amid all of the turmoil, it can be easy to fall into traps and have lapses in judgment. There are a number of things that you can and should do to make the process go as smoothly as possible. If you’ve separated from your spouse or are planning to, here are four common divorce mistakes to avoid:
By: Elliott Andalman, Attorney at Law
Many employers not only provide employees health insurance, but also Long Term Disability (LTD) insurance. LTD insurance is a valuable benefit of employment that pays a percentage of salary to an employee who becomes disabled to work. The benefit can be very substantial, often paying 60% of salary until retirement age. The LTD benefits are typically administered by an insurance company, such as Unum, Liberty Mutual, Cigna, Mass Mutual, MetLife, Aetna, among others. The federal law that regulates these benefits is known as ERISA (Employee Retirement Income Security Act).
By Peter Casciano, Esq.
(301) 244-4523
pcasciano@a-f.net
In disability claims, it’s best to avoid pre-existing condition issues if possible. The simplest way to do that is to not file for disability benefits during the first year of long term disability coverage. The vast majority of Long Term Disability (LTD) policies will only examine the claim under the pre-exiting condition clause if the claim for benefits is filed within the first year of LTD coverage. It’s worth noting, however, some policies have a different initial time frame where the pre-existing clause still applies; for example, 18 months or two years.
By: Nelson Garcia, Attorney at Law
In any situation where there is a separation of the parents, the question of child custody becomes vitally important. There are two types of custody in Maryland: physical custody and legal custody. Physical custody involves spending time with the child and making decisions about his or her everyday needs. Legal custody involves the right to make long-term plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child’s welfare.
By: Elliott Andalman, Attorney at Law
Most LTD claims are made by employees covered under group policies issued by employers. The rules governing the administration of these claims are regulated by federal law, specifically ERISA (the Employee Retirement Income Security Act), which covers virtually all employee benefits. Many employees make the mistake of assuming that their LTD coverage will work like medical insurance coverage and that they will be paid LTD benefits because they’re too sick to work. Unfortunately, it’s not that simple. Every claim submitted to LTD insurance is scrutinized by doctors and medical personnel they hire. This results in many unpleasant surprises for sick employees. By the way, everything noted in this article can also apply to those employees who have STD (Short Term Disability) coverage as well as LTD.
By: Elliott Andalman, Attorney at Law
Many people mistakenly believe that if their treating doctor reports that they are disabled to work, then they will win social security disability benefits. I wish it were that simple. Medical support from your treating doctor is generally necessary, but a conclusory statement of disability is never sufficient. Let us examine what medical information is necessary to win a claim for SSD benefits:
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By: Mary Ellen Flynn, Attorney at Law
When you’re contemplating a divorce, or believe that your spouse is contemplating a divorce, it is essential that you do certain things rather than be in denial. It’s always best that you are prepared mentally, emotionally, financially, and yes, even physically before undergoing a divorce.
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By Peter Casciano, Esq.
(301) 244-4523
pcasciano@a-f.net
Employer-provided long-term disability (LTD) policies are governed by a federal law known as ERISA, the Employee Retirement Income Security Act. Under ERISA, disability applications are evaluated by claims administrators usually working for your insurance company.
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