017: Disability Income – How To Do It Right and Avoid The Many Pitfalls


In episode 17 of Absolute Trust Talk, Kirsten welcomes Kantor & Kantor, LLP partner Michelle Roberts into the studio. Michelle has focused her entire career on helping claimants win disability claims under employer-provided disability plans. She is also a specialist in the act that governs disability benefits provided by employers, known as ERISA, which stands for the Employee Retirement Income Security Act of 1974. In this episode, she highlights the most important tips, tricks, and strategies surrounding all things disability income.

Kirsten and Michelle begin by talking about the different types of disability income. They later discuss common mistakes that people make when filing for disability, and why it’s crucial for someone filing for disability to seek an attorney’s advice. Then Kirsten and Michelle break down the multitude of ways in which claimants can get into trouble when their claim gets denied, limitations that people might not realize about disability policies and what types of disability are covered by private plans.

Top Takeaway from Episode #017:

  1. If you do have a denied disability claim, seek legal advice before you move forward – there are too many pitfalls that could cause even more damage.

Time-stamped Show Notes:

2:30 – Michelle starts by discussing the different types of disability income benefits that are available

5:40 – Because the focus of the show is on private benefits, Michelle highlights what ERISA is and how it governs disability income benefits

9:47 – Kirsten asks Michelle to share some of the most common mistakes she sees people make when they are trying to get disability from employers

13:20 – Why it’s important for someone filing disability to talk to an attorney before going it alone and getting the process started

18:05 – If a claim initially gets denied, but the appeal gets approved, does the claimant get the full amount they were originally pursuing?

19:50 – Michelle discusses how “pre-existing condition” applies to the disability world

22:00 – Kirsten asks Michelle, “Are there other limitations buried in these policies that people need to know about?”

26:00 – It sounds like an expensive process of pursuing legal help to apply for disability in the right way. Is that a deterrent for people?

27:25 – Michelle discusses what types of policies are covered by private policies

Episode #017 Freebie:

Filing for disability might seem straightforward, but what many people don’t realize is that it is much trickier than, “My doctor says I’m injured and can’t work.” Absolute Trust Talk guest and disability expert Michelle Roberts is sharing with listeners a vital planning tool called A Guide to Disability Benefits. This straightforward blueprint lays out the different types of disability benefits and walks you through the steps to pursuing a disability claim not just the right way, but also the smart way. Click here to download your copy of A Guide to Disability Benefits.

Resources/Tools/Links Mentioned In This Episode:

Michelle’s Blog – Your ERISA Watch: www.erisawatch.com

Michelle’s Guest Blog Appearance on Absolute Trust Counsel Blog: What’s In Your Medical Records?  The Importance of Doctor’s Notes to Support Long-Term Disability Claims Under ERISA

Check out this episode!

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Kirsten Howe: