Social Security

The Judge You’re Assigned to Might Affect Your Disability Benefit Approval

Disability judges approved 54% of all Social Security disability claims in 2022, but their approval rates vary. A new study from Atticus shows that there are administrative law judges (ALJ) who approve over 90% of disability applicants, while some only approve as few as 10%. To conduct this study, Atticus ran the numbers on the nearly 1,300 judges who made

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erisa litigation

ERISA Litigation is a World Unto Its Own

At first glance, tennis may look a little like pickleball. But the rules are totally different. The same is true of ERISA claims. If you try to file an ERISA claim against an insurance company like any other personal injury claim, you and your client will lose because the rules are different. Special Rules for Every Step Most disability insurance

Read More »
ELFHs

What Are ELHFs

An ELHF is an Expedited Limited Healthcare Fiduciary. ELHFs are appointed by a court when a hospital does not believe a patient is capable of making safe discharge choices and no family members are willing, or capable, of helping the patient. Authorized by § 34-1-133, it went into effect July 1, 2013. It is an expensive procedure because the hospital

Read More »
Medicare

The Unhappy Intersection of VA and Medicaid Spend-Down

Visit almost any assisted living facility and a helpful marketing director will refer you to someone who will help you qualify for VA benefits. This usually means someone selling annuities. The Veterans Administration provides a pension benefit, commonly known as the Aid and Attendance benefit, for veterans and surviving spouses who meet certain qualifications. FYI, surviving spouse means just that.

Read More »
ERISA

Understanding ERISA – Part 1

When many folks file disability claims, they are shell-shocked by the denial of their disability benefits. They have worked hard their entire life. Many purchased disability insurance just in case they became ill or suffered a severe accident, so they cannot understand how benefits could be denied. Some have even been awarded Social Security benefits. They thought they were doing

Read More »
TennCare

Understanding TennCare and Nursing Home Care

TennCare (Medicaid), Medicare and Veterans Affairs (VA) benefits can help to pay for nursing home care. Medicare will only pay for a limited period of time and only if the person needs skilled care (IV drugs, physical therapy or occupational therapy). VA benefits can pay toward long-term nursing home care. However, VA benefits cap out at substantially less than the

Read More »
qualify clients

What to Know to Qualify Clients for Benefits

Helping qualify clients for benefits is a sometimes tricky and often a frustrating area of practice. Good lawyers are left feeling befuddled by the maze of laws, regulations, guidelines and rules that govern benefits for their clients in need. They have every right to feel lost. The rules are complicated and filled with hidden traps that can adversely affect vulnerable

Read More »

The Judge You’re Assigned to Might Affect Your Disability Benefit Approval

Disability judges approved 54% of all Social Security disability claims in 2022, but their approval rates vary. A new study from Atticus shows that there are administrative law judges (ALJ) who approve over 90% of disability applicants, while some only approve as few as 10%. To conduct this study, Atticus ran the numbers on the nearly 1,300 judges who made

Read More »
erisa litigation

ERISA Litigation is a World Unto Its Own

At first glance, tennis may look a little like pickleball. But the rules are totally different. The same is true of ERISA claims. If you try to file an ERISA claim against an insurance company like any other personal injury claim, you and your client will lose because the rules are different. Special Rules for Every Step Most disability insurance

Read More »
ELFHs

What Are ELHFs

An ELHF is an Expedited Limited Healthcare Fiduciary. ELHFs are appointed by a court when a hospital does not believe a patient is capable of making safe discharge choices and no family members are willing, or capable, of helping the patient. Authorized by § 34-1-133, it went into effect July 1, 2013. It is an expensive procedure because the hospital

Read More »
Medicare

The Unhappy Intersection of VA and Medicaid Spend-Down

Visit almost any assisted living facility and a helpful marketing director will refer you to someone who will help you qualify for VA benefits. This usually means someone selling annuities. The Veterans Administration provides a pension benefit, commonly known as the Aid and Attendance benefit, for veterans and surviving spouses who meet certain qualifications. FYI, surviving spouse means just that.

Read More »
ERISA

Understanding ERISA – Part 1

When many folks file disability claims, they are shell-shocked by the denial of their disability benefits. They have worked hard their entire life. Many purchased disability insurance just in case they became ill or suffered a severe accident, so they cannot understand how benefits could be denied. Some have even been awarded Social Security benefits. They thought they were doing

Read More »
TennCare

Understanding TennCare and Nursing Home Care

TennCare (Medicaid), Medicare and Veterans Affairs (VA) benefits can help to pay for nursing home care. Medicare will only pay for a limited period of time and only if the person needs skilled care (IV drugs, physical therapy or occupational therapy). VA benefits can pay toward long-term nursing home care. However, VA benefits cap out at substantially less than the

Read More »
qualify clients

What to Know to Qualify Clients for Benefits

Helping qualify clients for benefits is a sometimes tricky and often a frustrating area of practice. Good lawyers are left feeling befuddled by the maze of laws, regulations, guidelines and rules that govern benefits for their clients in need. They have every right to feel lost. The rules are complicated and filled with hidden traps that can adversely affect vulnerable

Read More »

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