Episodios

  • How Disability Carriers Manufacture Reasons to Deny Claims
    Apr 7 2026

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 12 of Winning Isn't Easy. In this episode, we'll dive into How Disability Carriers Manufacture Reasons to Deny Claims.

    Imagine qualifying for Long-Term Disability benefits, only to have your insurer cite a vacation, a college class, or a game of pickleball as proof you can still work. Surveillance footage, social media posts, and selective medical reviews can quickly become the basis for a denial you never saw coming. ERISA disability claims often turn less on diagnoses or surgeries and more on how insurers interpret daily activities, medical records, and how “stable” a condition appears on paper. Routine moments of normal life can be reframed as evidence of employability, while peer reviews, surveillance, and insurer-friendly standards of review are used to justify terminating benefits. In this episode, we explore how everyday activities are weaponized against claimants, how medical stability is reinterpreted to argue work capacity, and why courts sometimes uphold these denials despite serious medical conditions. If you’re navigating - or trying to protect - an ERISA disability claim, this episode explains why careful documentation, precision, and strategy can make all the difference.

    In this episode, we'll cover the following topics:

    One - Can Taking an African Safari, Attending College Classes, and Playing Pickleball Destroy Your ERISA Long-Term Disability Claim?

    Two - How a Hartford ERISA Disability Claim for Rheumatoid Arthritis and Spine Surgery Played Out at the Any Occupation Stage of the Claim

    Three - Is Discovery Allowed in an ERISA Disability Claim When the Carrier or Plan Has Created Reasons to Deny Your Claim?

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/


    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/


    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

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    20 m
  • When Carriers Weaponize Diagnoses
    Mar 31 2026

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 11 of Winning Isn't Easy. In this episode, we'll dive into When Carriers Weaponize Diagnoses.

    ERISA disability claims often hinge on technical definitions that determine whether benefits continue or disappear. Insurance carriers frequently focus less on whether someone is truly unable to work and more on how a diagnosis, treatment provider, or policy term can be interpreted to limit coverage. Neurological conditions may be reclassified as mental illnesses to trigger stricter benefit caps, treating physicians can be discounted if they do not meet narrow policy definitions, and critical evidence - such as medication side effects that make working unsafe - may be minimized or ignored. Even financial definitions buried in policy language, like how “earnings” are calculated, can drastically change the outcome of a claim and sometimes lead to massive repayment demands. In this episode, we examine three issues that frequently shape ERISA disability disputes: how insurers use diagnostic classifications to impose mental-illness limitations, how policy definitions of acceptable medical providers and “time-relevant” evidence can be used to dismiss supporting documentation, and how technical income calculations can trigger benefit reductions or overpayment claims. If you’re navigating an ERISA disability claim, this episode explains why understanding the policy language and legal framework can be just as critical as proving the medical reality of your disability.

    In this episode, we'll cover the following topics:

    One - Functional Neurological Disorders and Your ERISA Disability Case

    Two - Must a Disability Carrier or Plan Take Into Consideration the Sedating Effects of Medication in Deciding if You Are Entitled to Your ERISA Disability Benefits?

    Three - The Earnings Definition Can Make All the Difference in How Much You Get in Your Long-Term Disability Benefits

    Four - How Courts View Unum’s Game of Rejecting Evidence Submitted as Part of an Appeal as Not Being Time-Relevant

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/


    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/


    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

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    28 m
  • Technicalities, Traps, and Missed Deadlines
    Mar 24 2026

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 10 of Winning Isn't Easy. In this episode, we'll dive into Technicalities, Traps, and Missed Deadlines.

    ERISA disability claims are governed by strict rules that can determine whether benefits are approved or denied. Filing deadlines, notice requirements, and appeal procedures often give insurance carriers leverage to delay or reject claims, even when a condition clearly prevents someone from working. Insurers don’t just evaluate medical evidence. They closely examine whether claimants complied with policy terms, including timely notice and proper filing of STD and LTD claims. Missing a deadline or failing to follow procedures can jeopardize benefits entirely. In this episode, we break down three key issues that frequently impact ERISA disability claims: how improper claim filing and notice failures can block benefits, how mental incapacity and delayed notice affect claim timing, and why pre-litigation attorney fees are often not covered even when a denial is wrongful.

    In this episode, we'll cover the following topics:

    One - If You Are on Short-Term Disability, What Notice Must You Give to Your ERISA Disability Carrier That You Want to File for Long-Term Disability Benefits?

    Two - Written Notice of a Disability Claim at Issue in Provident Brain Cancer Case

    Three - Does My ERISA Disability Carrier or Plan Have to Pay Pre-Litigation Attorney Fees?

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/


    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/


    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

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    29 m
  • Long COVID and ERISA Disability: Avoiding Denials and Proving Your Claim
    Mar 17 2026

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 9 of Winning Isn't Easy. In this episode, we'll dive into Long COVID and ERISA Disability: Avoiding Denials and Proving Your Claim.

    Long COVID ERISA disability claims are often decided by how insurance carriers evaluate medical evidence and functional limitations. Symptoms like fatigue, brain fog, and shortness of breath can be debilitating, but insurers frequently argue they lack sufficient objective proof. As a result, claims may be delayed or denied even when the condition clearly affects a person’s ability to work. Carriers don’t just look at the diagnosis. They analyze residual functional capacity, compare medical restrictions to the duties of the claimant’s occupation, and sometimes argue that those skills could transfer to other jobs. If medical records or functional assessments aren’t clearly documented, insurers may claim the evidence fails to meet policy requirements. In this episode, we break down three issues that commonly affect long COVID ERISA disability claims: mistakes that cause claims to fail, how pre-existing condition provisions can limit coverage, and why challenging denials with stronger medical evidence is often critical to protecting benefits.

    In this episode, we'll cover the following topics:

    One - How to Lose Your Long COVID ERISA Disability Insurance Claim

    Two - Court Upholds Unum Denial of Long COVID / POTS ERISA Disability Benefits

    Three - The Importance of Challenging Every Reason for a Long COVID ERISA Long-Term Disability Denial

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/


    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/


    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

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    24 m
  • Pre-Existing Conditions and Cooperation Clauses: The Hidden Minefields in Long-Term Disability Policies
    Mar 10 2026

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 8 of Winning Isn't Easy. In this episode, we'll dive into Pre-Existing Conditions and Cooperation Clauses: The Hidden Minefields in Long-Term Disability Policies.

    ERISA disability claims are often decided by the fine print most people never notice. Pre-existing condition clauses, cooperation requirements, and requests for financial documentation give insurance carriers multiple ways to delay, deny, or terminate benefits - even when the medical condition itself is clearly disabling. Insurers don’t just evaluate the diagnosis; they examine policy timelines, how well claimants respond to information requests, and whether every requirement in the policy has been followed. Small technical missteps can quietly become the basis for a denial. In this episode, we break down three common pressure points in ERISA disability claims. First, we look at how pre-existing condition provisions can shape outcomes, including situations involving conditions like multiple sclerosis. Next, we explain how cooperation clauses can trap claimants when insurers demand ongoing information or documentation. Finally, we discuss the financial records carriers may request - and how failing to provide them can put benefits at risk. By the end, you’ll understand why success under ERISA often depends not just on proving disability, but on carefully navigating the policy’s fine print.

    In this episode, we'll cover the following topics:

    One - Pre-Existing Conditions and ERISA Disability Claims

    Two - Cooperation Clauses and Claim Denials

    Three - Financial Documentation and Cooperation Requirements

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/


    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/


    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

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    24 m
  • Fighting for Fairness: Navigating ERISA Disability Claims for Rare Disorders
    Mar 3 2026

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 7 of Winning Isn't Easy. In this episode, we'll dive into Fighting for Fairness: Navigating ERISA Disability Claims for Rare Disorders.

    Securing ERISA Long-Term Disability benefits with a rare medical condition often comes down to a hidden challenge: insurer misunderstanding. Disability carriers don’t just look at the diagnosis - they evaluate how clearly symptoms are documented, how doctors describe functional limits, and whether medical records explain why you can’t work. When a condition is rare or complex, gaps in understanding can quietly lead to delays or denials. In this episode, we break down how ERISA insurers evaluate rare disorders through three examples: Tracheobronchomalacia (TBM), Ehlers-Danlos Syndrome, and DiGeorge Syndrome. By the end, you’ll understand why success isn’t just about having a rare diagnosis - it’s about translating complex medical evidence into clear proof of disability under ERISA.

    In this episode, we'll cover the following topics:

    One - Getting Your ERISA Disability Insurance Benefits for Tracheobronchomalacia

    Two - Getting Your ERISA Disability Benefits for Ehlers-Danlos Syndrome

    Three - Getting Your ERISA Long-Term Disability Benefits for DiGeorge Syndrome

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/


    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/


    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

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    26 m
  • The Ongoing Proof Trap: When Improvement, Doctors, and Daily Activities Kill Your Long-Term Disability Claim
    Feb 24 2026

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 6 of Winning Isn't Easy. In this episode, we'll dive into The Ongoing Proof Trap: When Improvement, Doctors, and Daily Activities Kill Your Long-Term Disability Claim.

    Securing ERISA Long-Term Disability benefits often hinges on a hidden danger: the ongoing proof required to keep them. Insurers don’t just assess whether a condition exists - they look for signs of improvement, weigh treating physician opinions, and scrutinize everyday activities for evidence you can still work. Even minor changes in medical records, mixed messages from doctors, or routine daily tasks can quietly undermine a valid claim. In this episode, we break down how perceived improvement, physician dynamics, and lifestyle details are used to challenge continued eligibility. By the end, you’ll understand why maintaining LTD benefits isn’t just about proving disability once - it’s about consistently documenting functional limits and avoiding the traps that lead to termination.

    In this episode, we'll cover the following topics:

    One - When Improvement in Cardiac Function Can End Your Benefits

    Two - When Your Treating Physician’s Opinion Doesn’t Guarantee Your Claim

    Three - Daily Activities That Can Kill Your ERISA Disability Claim

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/


    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/


    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    Más Menos
    23 m
  • The Language of Limitation: Russell Van Brocklen on What Dyslexia Research Teaches Us About Disability Claims
    Feb 17 2026

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 5 of Winning Isn't Easy. In this episode, we'll dive into The Language of Limitation: Russell Van Brocklen on What Dyslexia Research Teaches Us About Disability Claims.

    Understanding how cognitive and reading challenges show up in real work settings can determine whether a disability claim is fairly evaluated or misunderstood. Too often, Long-Term Disability decisions focus on diagnoses alone, overlooking how processing speed, reading accuracy, memory, and mental fatigue affect day-to-day job performance. Insurers may recognize a condition exists while still concluding work is possible - without fully accounting for sustained cognitive demands. In this episode, we examine what functional limitation really looks like when cognitive challenges are involved. Our guest, Russell Van Brocklen, shares research-driven insights into how reading and processing difficulties affect productivity, accuracy, and endurance at work. We cover three areas: connecting cognitive science to disability claims, translating research into usable claim evidence, and practical takeaways for attorneys, clinicians, and claimants. By the end, you’ll see why cognitive limitations must be evaluated in real-world terms, and why linking science to functional impact is key to protecting Long-Term Disability benefits.

    In this episode, we'll cover the following topics:

    One - Background and Context: Bridging Research and Disability Claims

    Two - Translating Cognitive Science into Claim Evidence

    Three - Practical Insights for Attorneys, Clinicians, and Claimants

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/


    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/


    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    Más Menos
    41 m