FAQ: Long-Term Disability, AD&D

Why do I need a Disability Attorney? An attorney can help you from start to finish in the process of obtaining disability benefits. From the initial application to appeals and, if necessary, litigation, an experienced disability attorney can help you navigate the minefield of loopholes, exclusions and excuses used to deny valid claims for benefits. The application processes for SSDI and private disability insurance benefits are similar in many ways. The main difference between the two, however, is that insurance companies are motivated by profits. Of course, they make money by charging premiums, but they also add to their bottom line by denying claims. Edward Doskey is familiar with the fine print in disability insurance policies and the tactics the insurance companies use to deny valid claims. He can aid with the application process by showing you how to avoid common mistakes thereby increasing the chances of having your disability claim being approved at the outset. Even if your claim is denied, Mr. Doskey has the experience needed to handle the appeal process, and, if necessary, to sue the insurance company to obtain benefits on behalf of disabled clients. What is LTD (Long Term Disability)? LTD insurance and SSDI are similar to each other in many ways. Both disability plans require claimants to make a written application for benefits and, if denied, the insurance company, like the Social Security Administration, issues a written reason for the denial and explains the claimant’s appeal options. While the claim evaluation processes may be similar, insurance policies or plans do not necessarily define “disability” the same way the Social Security Administration does. It is...

Denied Homeowner’s Insurance Claims

Attorney Edward Doskey in New Orleans, Louisiana represents clients with denied homeowner’s insurance claims. If your insurance company has denied a claim you have made with your homeowner’s insurer, contact...

Denied Life Insurance Claims

Attorney Ed Doskey in New Orleans, Louisiana represents clients with denied life insurance claims.   Rather than ongoing, monthly benefits, these insurance policies pay a lump sum of money in the event of an accidental death or loss of a limb (and sometimes an eye). The amount of the benefit depends on how much insurance is purchased and the nature of the accidental injury, dismemberment or death. However, as with Long Term Disability insurance (LTD), the AD&D insurance carriers do not always stand behind their customers. Sometimes insurance companies, relying on weak evidence, will deny a valid claim for benefits by accusing the claimant or the deceased of being negligent (e.g., operating a motor vehicle while under the influence of alcohol or drugs), or even of having committed suicide. As with LTD insurance, your AD&D coverage will be governed by ERISA if the insurance is provided in a private employer-sponsored plan. Otherwise, state insurance law will govern your claim. If your insurance company has denied your claim for benefits under an Accidental Death and Dismemberment (AD&D) policy, contact...

Personal Injury

Attorney Edward Doskey handles personal injury cases for clients in the New Orleans metro area. Please contact Attorney Edward Doskey for more information on personal injury...

Unpaid Wages and Overtime

Does your employer owe you unpaid wages or overtime? The Fair Labor Standards Act (FLSA) Is the federal law that requires employers to pay a minimum wage and overtime pay for all time worked in excess of 40 hours per week. Currently the federal minimum wage is $7.25 per hour. If you are currently being paid less than this, your employer may be violating the FLSA. It does not matter if you agreed to work for less, or even if you agreed to work for free. The FLSA does not allow employees to give up their rights under this law. Sometimes employers use excuses to avoid paying wages, such as they don’t have enough money, the employee’s cash register was short, the employee violated some company rule, or the employee failed to return company property, like uniforms and tools. None of this matters. If your employer allowed you to work, he or she must pay you at least minimum wage for all the time you put in. If you are paid by the hour (as opposed to a fixed salary) in most circumstances you are entitled to be paid time-and-a-half for all hours worked over and above 40 hours in one workweek. It does not matter if you worked only 30 hours the week before; if you work more than 40 hours the following week, the overtime rate still applies. The two most common ways employers try to avoid paying overtime are: requiring employees to do some work before or after clocking in, like attend pre-shift meetings, put on and take off uniforms, clean work areas, etc., and misclassifying...