December 1st is World Aids Day

If You Don’t Consult a Long Term Disability Lawyer Before You File Your Claim for Long Term Disability Benefits, You’ll Hate Yourself Later

When you apply for short or long term disability benefits you can make some very serious mistakes that can destroy your claim or limit the benefits your are entitled to. That’s why Nancy Cavey, a long term disability attorney, suggests that you get advice about the disability claims process before you file a claim for benefits. Why? You’ve purchased a disability policy to protect your lifestyle and if you try to represent yourself, you can make crucial mistakes in the application phase.

Unfortunately, I have had cases where lawyers and doctors who become disabled try to represent themselves in the disability claims process. Short and long term disability claims litigation is a highly specialized area of law.

Don’t let the insurance company “rob you of your peace of mind” by thinking that the disability insurance company will make the disability claims process easier or pay promptly.

If You Don’t Pick the Right Date to Stop Working, You’ll Hate Yourself Later When Your Long Term Disability Claim is Denied

If your doctor has told you that you are unable to work and you are thinking about applying for short or long term disability benefits, one of the most important decisions that you need to make is the date on which you stop working. If you pick the wrong date to stop working, your claim could be denied!

Many short and long term policies have a provision that requires you to have coverage for a certain period of time before you become eligible to file for benefits. So, if for example, your policy requires that you be covered a year before you can claim benefits and you stop working nine months into your policy, your short or long term disability claim will be automatically denied.

It is important that you consult with an experienced short or long term disability attorney so that you don’t destroy your claim by picking the wrong date to become disabled.

First Responders Required to Give Notice of Injury to their Employer

If you are first responder you are required to provide your employer with notice that you have condition that’s covered under the Heart and Lung Act and claim benefits. Unfortunately, many employers simply don’t educate first responders about their entitlement to worker’ compensation benefits under the First Responder Act.

In the recent case of Forester vs. Florida Highway Patrol/Department of Highway Safety, Investigator Forester developed uncontrolled hypertension for which medication was prescribed. He was out of work for over ten days and he advised his supervisor of this medical situation. Despite advising his supervisor and coming back to work with a note to return to work, the Florida Highway Patrol never filed a first report of injury.

Investigator Forester ultimately claimed workers’ compensation benefits after learning about his rights under the Heart Bill, the state denied his claim on the basis that he had not given timely notice. Workers’ compensation claim Judge Joseph Murphy objected that defense and awarded workers’ compensation benefits to Investigator Forester.

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Social Security Disability Benefits are the Subject of Violent Threats

The Social Security Administration’s Office of Disability Adjudication and Review reported that between March 2009 and August 2009 there were over twenty-eight violent threats reported at Social Security Disability offices and nine judges were threatened.

Social Security judges have difficult decisions to make and the delay in hearing claims has not been caused by an administrative law judge.

Unfortunately, part of delay has been the lack of staffing and judges to hear claims but the efforts in the St. Petersburg area has resulted in the opening of a new claims office in St. Petersburg.

Threatening an administrative law judge isn’t the way to get your benefits- it’s a trip to jail. If you would like help with your Social Security Disability claim, give us a call today.

Do You Know When You Should Consult a Disability Lawyer?

The disability insurance claims process is complicated and an innocent mistake can destroy your claim for benefits. While it may not be necessary to consult a disability attorney, Nancy Cavey, disability claims denied attorney, thinks that it is important that you get advice about the disability claims process even before you file a claim for disability or stop working.

You can have your disability insurance policy reviewed so you can understand the crucial terms that will govern your entitlement to benefits, the amount of your benefits, and even the claims process. You can even decide whether you need to retain an experienced disability attorney to help you through the disability claims process. Remember that long term disability carriers can easily “rob you of your peace of mind”. For more information about the disability claims process and the terms you don’t want to see in the disability claims policy, you can order your free copy of Robbed of Your Peace of Mind written by Florida disability attorney Nancy Cavey.

The Dirty Secret About Long Term Disability Interviews

Long Term Disability Attorney Nancy Cavey who has written the go to guide on surveillance and completing activity of daily living forms, knows that there is a dirty secret about long term disability insurance carrier interviews. If, for example, you’ve undergone survey, you will most likely see these kinds of questions:

• How is your recovery coming?
• What are your current restrictions and limitations?
• What are you current symptoms?
• What is your current course of treatment and does this include a return to work? If not, why not?
• How often do you meet with your physicians?
• Have you started any physical therapy?
• Are you taking any medication? If so, what is the main dosage and any side effects? Where do you fill the prescriptions?
• If the claimant is operating a business, ask questions about whether the business is still in operation. If you have a partner ask questions about the partnership. Ask questions about how often you go to the place of business.
• Ask whether there were any barriers for a return to work?
• Comment on how the “insured” handles himself during the interview.

You can be assured that the long term disability carrier is going to check to see if the medications are being filled, they will check the business license and they’ll probably put surveillance on the claimant as he goes to his work. If a long term disability carrier is scheduling your statement, you should be represented, don’t be foolish and set yourself up for a claims denial. Give us a call today to get started with your claim. 727-894-3188 or use the contact form on the right side of this page.

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18.7 % Of the Countries Population Has Some Level of Disability

According to the US Census Bureau’s Report “American’s With Disabilities: 2005” 18.7% of the countries population has some level of disability. You should consider purchasing a private long term disability policy.

Before doing so, you should consider the following:

Nancy Cavey, long term disability policy expert, has written Robbed of Your Peace of Mind a book that you should read before you purchase a disability policy.

Understanding the Black Hole of the Social Security Disability Claims Process and Your Initial Application for Benefits

Completing a Social Security Disability application can be confusing and time consuming. Once that application is completed and received at your local Social Security office what happens with it next? It is sent to the Disability Determinations Service, DDS, a state agency that is funded by the federal government, where a DDS examiner will look at your claim. Did you know that over 75% of claims are denied at this stage?

If your claim is denied at the initial application stage, you must file a Request for Reconsideration within 60 days of the date of denial. If you don’t, you lose and the Social Security Administration wins! Perseverance is the key to winning your Social Security Disability claim. Don’t give up if your initial claim for Social Security Disability benefits has been denied. The Social Security Administration has reported that using a disability attorney who is experienced in Social Security Disability law, can increase the chances that your claim will be accepted.

If you have questions about the Social Security disability process, give us a call today at 727-894-3188 and talk with Sharon Barrett, a Tampa Social Security Disability attorney.

Is Your Social Security Disability Claim Vulnerable Because Your Social Security Disability Attorney Doesn’t Know the Ten Things that Should Be Done in Every Social Security Disability Claim?

Social Security Disability law is complicated and time consuming. However, an experienced Social Security Disability attorney, such as former Social Security Disability staff attorney, Sharon Barrett, knows that there are ten things that should be done in every Social Security Disability claim:

1. Meet with you personally to discuss your Social Security Disability claim.
2. Explain the Social Security Disability claim’s process and explain the strategy which will be implemented to win your claim.
3. Get a copy of your Social Security file from the Social Security Administration.
4. Get a copy of your medical records.
5. Assess your claim and determine whether or not it will meet Social Security Disability rules.
6. File all necessary papers with the Social Security Administration.
7. Timely appeal any denial of your claim.
8. Timely request a hearing if your claim is denied after a Request for Reconsideration.
9. Prepare a comprehensive Memorandum of Law with medical documentation supporting your claim for Social Security Disability benefits.

10.  Prepare you for a hearing in front of the Administrative Law Judge and make sure that your case is presented in the best light possible.

If your lawyer doesn’t understand the Social Security Disability claims process, or hasn’t taken these steps in handling your Social Security Disability claim, you may not have the right attorney to represent you in your Social Security Disability claim.

Experience does make a difference.

Sharon Barrett, former Social Security Disability staff attorney in the Tampa Bay office knows what it takes to create a winning Social Security Disability claim. If you have a Social Security Disability claim, give us a call today to help you answer any questions you may have. 727-894-3188.