Robert Andrew Kerr’s Answers

Robert Andrew Kerr

Augusta Insurance Law Lawyer.

Contributor Level 12
  1. Can an insurance company reduce payment for long term disability payment because of how much you receive from Social Security.

    Answered about 2 years ago.

    1. Nick Passe
    2. Robert Andrew Kerr
    3. Paula Brown Sinclair
    3 lawyer answers

    Typically, yes. This is called an offset and is commonplace in group policies. However, even if the benefit is being reduced, it usually is not reduced further when there is a cost of living (COLA) adjustment to the Social Security benefit. Regardless, you should check the policy or group certificate to make sure they are entitled to take this offset. Also, check the insurer's math an make sure their calculations are correct. Sometimes they will use the wrong numbers to calculate the offset.

    8 lawyers agreed with this answer

  2. Does LTD insurance company stop my LTD payment after I've been awarded by SSDI?

    Answered over 2 years ago.

    1. Robert Andrew Kerr
    2. Edwin Arnold Anderson
    3. Clifford Michael Farrell
    3 lawyer answers

    I'm certain the contract says you are entitled to benefits as long as you are disabled according to the terms of the policy. That is how they can deny you benefits when you are on SSDI: different definitions of disability. I promise when they stop your LTD benefits they will mention that. Staying on claim is a constant struggle. You have to remember the insurance company is not there to help you. They deal with claims every day and know what to do to effectively deny a claim. You need someone...

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  3. MY DAD DIE 3/12/2013 HE HAS THREE KIDS AND A WIFE BUT HE DIDNT MAKE A WILL WHO GET WHAT

    Answered about 2 years ago.

    1. Glen Edward Ashman
    2. Robert Andrew Kerr
    3. Joe Wayne Hendricks Jr.
    4. Adam S. Bernick
    4 lawyer answers

    Mr. Ashman makes valid points with which I do not disagree. Given that your father passed only 12 days ago I would be surprised that his wife would have been able to distribute the assets of the estate so quickly. My office is in Augusta and we regularly handle probate matters. Feel free to give my office a call at your convenience if you would like to set up a meeting.

    4 lawyers agreed with this answer

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  4. Can an employee receive short term disability then long term disability while on workman's comp?

    Answered about 2 years ago.

    1. David B Pittman
    2. Robert Andrew Kerr
    3. Kenneth W Harrell
    4. George Ellis Corson IV
    5. Dirk J. Hamel
    5 lawyer answers

    Possibly. I see his happen with many of my clients, although the workers compensation money likely will offset the disability benefits. In some cases this can mean the disability benefit is reduced to zero.

    4 lawyers agreed with this answer

  5. When figuring a settlement option on LTD does the insurer base your monthly benefit before taking the social security offset?

    Answered over 1 year ago.

    1. Robert Andrew Kerr
    2. Jeremy Lyle Bordelon
    2 lawyer answers

    It will be based on the total benefit minus any offsets. Once that total amount is calculated it will be reduced to present value dollars. It will then be further reduced to a percentage of the present value of the claim. This percentage can range from 30 - 70% typically, and is based on a number of factors. I handle these types of negotiations regularly and would be happy to discuss your situation in more detail with you free of charge.

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  6. How can my STD insurance co. refuse to pay benefits after 30 days when my doctor says I need to remain off work?

    Answered about 1 year ago.

    1. Robert Andrew Kerr
    2. Robert Lige Walker
    2 lawyer answers

    Qualifying for disability benefits under an insurance policy is far more complicated than just having your doctor write you a note saying you cannot work. You need to see a copy of the policy to see how you qualify for benefits and then meet those terms. Bear in mind that a disability insurer is not interested in paying you. They do not make money by doing so, and their goal is to deny every claim. They do so thousands of times every day and are professionals in denying claims. You, as a...

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  7. Travel while on short term disability?

    Answered 9 months ago.

    1. Christopher Daniel Leroi
    2. Robert Andrew Kerr
    3. Patrick Breca Slaughter
    3 lawyer answers

    It is a little unclear what you are asking. If you are asking whether you can travel while you are on short term disability, the answer is probably yes, but check the terms of the policy to be sure. I suggest that you not call the insurance company and ask that question, as they might decide to conduct surveillance. Rather, call them or your human resources and ask for a copy of the policy. If you are asking whether it is legal to travel while on pain medication, the answer is different....

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  8. I Need to locate attorney for legal malpractice case that has experience in Erisa laws

    Answered 18 days ago.

    1. Robert Andrew Kerr
    2. John M. DeProspo
    2 lawyer answers

    If your claim was governed by ERISA, the federal courts have exclusive jurisdiction. Any suit filed in state court would have been removed to federal court. Additionally, there is no cause of action for "bad faith" in ERISA. Because ERISA preempts state law, you cannot bring a "bad faith" lawsuit against an ERISA-governed plan.

    5 lawyers agreed with this answer

  9. Can I appeal my long term disability insurance again.

    Answered 12 months ago.

    1. Robert Andrew Kerr
    2. Jonathan M Feigenbaum
    3. Adam Kielich
    4. John F. Brennan
    4 lawyer answers

    Assuming you were covered by this LTD policy through your employer and it is governed by ERISA, whether you have the right to another appeal depends on the terms of the policy. All ERISA-governed policies require exhaustion of administrative remedies before you can sue. Some policies allow for more than one appeal. You need to see the policy to know for sure. There may be language at the end of the denial letter indicating whether your administrative remedies are exhausted. Of course, if...

    5 lawyers agreed with this answer

  10. We took mother-in-law to kansas star casino in mulvane she has dementia she wondered off

    Answered about 1 year ago.

    1. Robert Andrew Kerr
    2. Alan Sanders Richard
    3. Lawrence A Friedman
    3 lawyer answers

    Why did you take a person with dementia to a casino and leave them unsupervised? You need to consult a local criminal attorney who can advise you of the charges you might face. They also should be able to tell you if you have any recourse because of the actions the casino took.

    5 lawyers agreed with this answer