A case filed against insurance company Unum will proceed to a trial by jury after Unum’s motion for summary judgment, a motion that would remove a full jury from the trial.

The defendant claimed that the plaintiff, the policy-holder, did not heed their provisions that included the plaintiff seeking appropriate medical care before drawing on his policy. The plaintiff, in return, provided that his condition, bilateral post traumatic carpal tunnel syndromes, did not allow him to work, therefore engaging his policies with Unum. Knowing his responsibility to seek medical care, he consulted a physician, who told him that, given his health, corrective surgery was not the appropriate option.

The court ruled that, although corrective surgery was possible, if the plaintiff’s physician refused the surgery due to possible complications, the policy language did not permit a reconditioning of the plaintiff’s eligibility to receive benefits. The court added that opinions concerning the physician’s role are not suitable for a trial without a jury.

Knowing your legal rights is the best measure to getting what compensation you could be eligible for. If you or someone you love needs legal advice on how to deal with long-term disability insurance, contact the Indiana disability litigation lawyers at the Charles D. Hankey Law Office, P.C., by calling 800-520-3633 today.

More than 100 million workers in the United States are without private disability insurance and 70 percent of workers in the private sector have no long-term disability insurance through their jobs.

Long-term disability insurance would proved a regular paycheck if an employee became either permanently or temporarily unable to work. “Without disability insurance, most people would face devastating financial consequences if they were to suffer a disabling injury or illness,” said Marvin Feldman, president and CEO of Life Foundation.

A new survey by the insurance education organization shows that 84 percent of Americans strongly agree they should insure their cars, and 80 percent feel it is imperative to have homeowner’s insurance, but only 48 percent believe that it is important to have disability insurance if they have a job.

According to the United States Census Bureau, about one in five Americans will become disabled for a year or more before the age of 65.

For sound legal advice and assistance on how we can help you recover the disability compensation that you deserve, contact the Indiana long-term disability lawyers at the Charles D. Hankey Law Office, P.C., today by calling 800-520-3633.

This Monday the Treasury Department announced that they would be switching from a paper-based system to a direct deposit system for federal benefit payments by 2013. The number of paper checks mailed by the Department of Veteran’s Affairs, the Social Security Administration, and other organizations that pay benefits will be reduced by over 135 million.

The Treasury Department also noted that they will no longer be purchasing paper savings bonds through payroll sales.

The government has attempted to set up a direct deposit system in the past but has always failed due to the lack of a debit card program for beneficiaries without bank accounts. The government will be establishing the Direct Express Debit MasterCard program to accommodate these enrollees, said Assistant Treasury Secretary Richard L. Gregg.

Officials estimate that around $400 million will be saved in the first five years of paperless payments.

If you or someone you love is not receiving the benefits that they should, or you want to discuss the legal ramifications of how you will receive your payments once the system becomes paperless, contact the Indiana long-term disability lawyers of the Charles D. Hankey Law Office, P.C., at 800-520-3633.

The health care overhaul law signed by President Obama last month contains a provision that could help people care for those suffering from long term disabilities. The law establishes a program called the Community Living Assistance Services and Supports Act (CLASS Act), which would provide cash to eligible enrollees who suffer from disabilities that limit them in at least two daily activities such as eating, bathing, or dressing.

Opponents of the Act believe that it will be financially untenable and that too few Americans will sign up for benefits. Senior manager of health policy at the U.S. Chamber of Commerce James Gelfand doubts that participation will be adequate because only about 5 percent of eligible employees actually participate in their employers’ private long-term care insurance benefit programs.

Around 7 million Americans own private long-term care policies.

Long term disability laws are complex and changing all the time at both the state and federal level. If you need legal advice in this area, contact the Indiana long-term disability attorneys of the Law Office of Charles D. Hankey at 800-520-3633.

A woman with terminal cancer, who has waited months for her long term disability benefits, will finally take delivery of her first check on May 19.

The process of being approved for long-term disability benefits can take years. Once someone is approved, there is a built-in lag time that is meant to “ensure that we do not pay benefits to people who do not have a long-term disability,” said Kia Green, a spokeswoman for the Social Security Administration.

Ten months ago 47 year-old Heather Russell was diagnosed with stage IV cancer. Doctors found tumors spreading through her lungs, brain, pelvis, neck, and adrenal gland. Russell and her family are fighting to have the built in lag time law overturned. United States Senators Jeanne Shaheen, D-New Hampshire, and Susan Collins, R-Maine, are cosponsoring legislation, known as S. 700 “to eliminate the waiting period for individuals with life-threatening conditions” covered by social security.

If you or someone you love suffers from a long-term disability and you aren’t getting the money you deserve, the Indiana long-term disability attorneys of the Law Office of Charles D. Hankey may be able to help. Contact us today by calling 800-520-3633.

March is Disability Awareness Month in Indiana, a time when the importance of recognizing the challenges and triumphs of people living with disabilities is paramount. If you or someone you love has been injured and is living with a long-term disability, the Law Office of Charles D. Hankey may be able to help you get the money you deserve.

Disability Awareness Month is designed to raise awareness of the realities of long-term disability and the people who live with it. Interest groups hope to make people more familiar with the challenges faced by people who suffer from disabilities, including employment discrimination.

If you or someone you love suffers from a long-term disability and you aren’t getting the money you deserve, the Indiana long-term disability attorneys of the Law Office of Charles D. Hankey may be able to help. Contact us today by calling 800-520-3633.

Compensation and insurance provided to military veterans is very similar to workers’ compensation. The overall compensation system in both sectors involve more than one type of insurance such as health insurance, disability income insurance, life insurance, and possibly mortgage insurance. Despite these similarities, the application process for these benefits is quite different.

Applying to receive veteran’s benefits requires that you go through the Office of Veterans Affairs. The Office of Veteran Affairs handles all VA Disability Compensation and in order to qualify a veteran must have suffered a disability related to time spent in the armed forces. A veteran who was dishonorably discharged due not qualify for benefits.

If you are eligible for benefits, you could receive between $123 and $3100 each month. Additional supplementary payments to compensate family members may also be available.

Filing for VA disability benefits can be quite a complex process. To speak with an attorney about the legal options available to an injured veteran, please contact an Indiana Long Term Disability Attorney of the Charles D. Hankey Law Office, P.C., by calling 800-520-3633.

Nortel Networks Corp., which recently filed for creditor protection, has reached a settlement agreement with former employees seeking long-term disability.

Under the terms of the settlement agreement, Nortel will continue to pay medical and dental benefits to pensioners and long-term disability beneficiaries for the remainder of 2010. Any claim made by any party in relation to the matters settled under the new agreement will rank as ordinary unsecured claimes under the CCAA proceedings.

While the settlement is still subject to court approval, a charge in the maximum amount of $57 million on Nortel’s assets will be established to secure the payments to be made to long-term disability beneficiaries.

If you or someone you love has been injured and is not receiving the long-term disability that he or she deserves, please contact an Indiana long term disability lawyer of the Hankey Law Office by calling 800-520-3633.

The Defense Department recently agreed to expedite the claims of thousands of Iraq and Afghanistan military veterans suffering from post-traumatic stress disorder but have been denied benefits.

The veterans’ advocacy group National Veterans Legal Services said at a press conference in Washington that more than 4,000 veterans could be eligible for benefits from a class action lawsuit if hey left the military because of their PTSD.

The original lawsuit was filed by seven veterans who suffer from PTSD in 2008. The seven veterans had been denied a required rating to make them eligible for a variety of long-term disability benefits. A court authorized mailing is now going out to veterans on a list of some 4,300 veterans informing them of their ability to join the lawsuit if they qualify.

Bart Stichman, a spokesman for National Veteran Legal Services, said “The legal notice gives thousands of veterans the right to join this class action under terms that are likely to result in millions of dollars in monetary and health care benefits.”

If you or someone you love has been physically or psychologically injured and is not receiving the long-term disability that he or she deserves, please contact a Indiana long term disability lawyer of the Hankey Law Office by calling 800-520-3633.

A new federal insurance program is among the measures being debated in the health legislation bill. The program would provide cash benefits to those with long-term disabilities. The bill is meant to help people with severe disabilities who wish to live in a community, although a person could also use the benefits toward assisted living or nursing home care.

Advocates of the measure say that it is a step in the right direction to help aging baby boomers and people with disabilities. However, critics say that the program could create financial problems for the government in the future.

If you or a loved one has been denied the benefits they deserve, please contact an Indiana long-term disability lawyer of the Charles D. Hankey Law Office by calling 800-520-3633.