Can a Long Term Disability Carrier in Florida Take my Social Security Disability Benefits that I Receive in a Lump Sum?
No! In Herman vs. Metropolitan Life Insurance Company (689 f supp 2d 1316 (MD Florida 2010)), Ms. Hermann did not have to pay back Metropolitan Life’s claimed lien resulting in her receipt of Social Security Disability benefits. Ms. Herman had “dissipated” or spent the long term disability benefits that had been paid in the past, she had no traceable funds in her possession. The only recovery that Metropolitan Life could potentially make was from Social Security benefits. However, by law, Social Security Disability benefits are protected from execution or the attachment garnishment or other legal process. However, that’s not the end of the case. Why? While there was no identifiable funds, MetLife could reduce any future long term disability benefits by the receipt of the Social Security Disability benefits. In Ms. Herman’s case, MetLife actually denied her claim for on going disability benefits. They were suing Ms. Herman asking her for a money judgment that would allow MetLife to levy on her general assets. Because the long term disability benefits had been spent, the only funds that Ms. Herman had available to satisfy the judgment was from the monthly Social Security check which judgment proof. Obviously then, the long term disability carrier’s right to reimbursement for the overpayment of Social Security Disability benefits is a complicated one and you should consult long term disability overpayment attorney Nancy Cavey.
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How long does a Social Security Disability medical exam last?
Most Social Security Disability exams last between fifteen to twenty minutes if you are claiming you are disabled as a result of a physical condition. Read this article about medical exams to learn more about your claim and your rights to Social Security Disability benefits.
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You may be entitled to Social Security Disability benefits if your doctors told you that you have something called discitis. Discitis is a low grade infection in the disc space between your vertebrae. Think of your spinal
Discitis Social Security Disability
column as a stack of Oreo cookies, the cookie is the retrieval body and the cream is the disc.
Unfortunately, you can develop a low grade infection of the disc which causes severe back pain and is often aggravated by any movement of the spine. This pain will travel to your abdomen, hip, leg and groin and it is incredibly painful.
If your doctor has diagnosed you with discitis, Sharon Barrett, Palm Harbor Social Security Disability attorney, suggests that you apply for Social Security Disability benefits if your claim is denied, be sure to appeal and contact an experienced Social Security Disability attorney for help in getting the Social Security Disability benefits your deserve as a result of discitis.
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What does the Social Security Administration consider a “disability” for the purposes of my Social Security Disability application?
The Social Security Administration defines disability as a “physical, mental, medical condition that prevents an individual from working for more than 12 months”. Do you know that disability can be caused for Social Security purposes by an injury or even an illness. If your doctor told you that you will not be able to work for at least 12 months, you should apply for Social Security Disability benefits for more information about the Social Security Disability claim’s process, you can order a complimentary copy of Cavey and Barrettes book Your Rights to Social Security Disability Benefits.
Without a doubt, the best way to apply for Social Security Disability benefits is going to the website ssa.gov. You can fill out the application and provide the Social Security Administration with medical information such as your diagnosis, medical test results and current medical condition.
You can also apply for Social Security Disability benefits by calling 1-800-772-1213 to schedule an appointment, or fill out an application in person at your local Social Security Disability office.
Regardless of which method you use to apply for Social Security Disability benefits, be prepared to have a list of your employers that you worked for the last fifteen years before you stopped working, the names and addresses of all the medical providers you have seen, and a list of your current medication.
For more information on the Social Security Disability claims process, you can order a complimentary copy of Tampa Social Security Disability attorney Sharon Barrett’s book Your Rights to Social Security Disability Benefits.
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ERISA disability policies hide behind an important clause in their long term disability policy in justifying their claims denial, that’s called a “discretionary clause”, a discretionary clause gives all the power to the long term disability carrier to deny your benefits. Courts will defer to the long term disability carriers decision making it very difficult for wrongfully denied long term disability policy holders to win their case.
Many states are now tempting to use their power to regulate the insurance industry by banning discretionary clauses and policies issued in the state. These include states like Washington, California, and Texas.
We in Florida only hope our insurance commissioner wakes up and realizes that the discretionary clause is depriving Floridians of their long term disability benefits wrongfully.
In fact, there is a NAIC Model Act which is being proposed as a uniform standard throughout the United States that would prohibit discretionary clauses.
Nancy Cavey, Tampa Bay long term disability attorney, suggests that you contact the Florida state commissioner and ask that he do the right thing and ban discretionary clauses in disability policies.
It is not uncommon for long term disability carriers to have a vocational evaluator determine that your occupation is sedentary in nature and then, in turn allege that your medical records can’t support your inability to
Occupation Long Term Disability
perform the full time functions of a sedentary occupation.
The vocational evaluator, together with an internal physician peer review, will determine that your restriction and limitations and qualify you for a sedentary occupation. Why? If you are capable of engaging in at least a sedentary occupation, you are not entitled to long term disability benefits.
It is important in appealing a claim denial that you develop all the medical and vocation evidence that establishes that your physical restrictions and limitations have eroded your ability to do the full range of sedentary work. In other words, you can’t sit stand, walk, or lift with the frequency required to meet a sedentary definition.
Nancy Cavey, experienced long term disability attorney, knows how to develop the medical and vocational evidence to show your medical restrictions and limitations reduce you ability to engage in a sedentary occupation. Don’t let the long term disability misclassification of your job result in the wrongful denial of your long term disability benefits. Give us a call today at 727-894-3188.
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In a USNews article on President Obama’s 6 Social Security Principles, he states his opinion about the Social Security reform.
“For a program everyone agrees is not in crisis, there sure are a lot of proposals swirling around to “reform” Social Security. There are even a lot of non-proposals, some of which you can find in President Obama’s just-released 2012 recommended federal budget.”
His 6 Prinicples from the article are:
•Any reform should strengthen Social Security for future generations and restore long-term solvency.
•The Administration will oppose any measures that privatize or weaken the Social Security system.
•While all measures to strengthen solvency should be on the table, the Administration will not accept an approach that slashes benefits for future generations.
•No current beneficiaries should see their basic benefits reduced.
•Reform should strengthen retirement security for the most vulnerable, including low-income seniors.
•Reform should maintain robust disability and survivors’ benefits.
Read the full article by clicking the link above.
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There are many causes of back problems that include spinal stenosis, ankylosis spondylitis and degenerative disc disease, that can be just as painful, if not more than having undergone back surgery for a herniated disc.
Spinal Injury
Winning a Social Security Disability claim based on spinal stenosis, ankylosis spondylitis and degenerative disc disease can be difficult because the ocial Security Administration really does a poor job considering how your pain impacts your ability to function.
Sharon Barrett, St. Petersburg Florida Social Security Disability attorney, will help you understand that it is important in any Social Security Disability claim that you document:
- Your symptoms, including pain.
- How your symptoms, including your pain, inhibit your ability to stand, stoop, bend and walk.
- What medication you are taking for these painful conditions, and how they impact your ability to concentrate, drive and other activities just as a result of the side effects of medications.
If you suffer from spinal stenosis, ankylosis spondylitis and degenerative disc disease and have been denied Social Security Disability benefits, you should immediately appeal and contact a Social Security Disability attorney, such as Sharon Barrett, who specializes in helping people who have back problems as a result of spinal stenosis, ankylosis spondylitis and degenerative disc disease get the Social Security Disability benefits they deserve. Are you in the St. Petersburg Florida area and looking for a attorney? Contact us today. We also serve all over the Tampa Bay area.
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We represent clients all over Florida including: Tampa, St. Petersburg, Sarasota, Bradenton, Venice, Ft. Myers, Naples, Orlando, Lakeland, Gainesville, Daytona, West Palm Beach, Ft. Lauderdale, Miami, Miami Beach, Jacksonville, Tallahassee, New Port Richey, Hudson, Safety Harbor, Largo, Palm Harbor, Port Richey, Clearwater, Indian Rocks Beach, Dunedin, Spring Hill, Brooksville, and all other cities in Florida.
If you or someone you know has been effected by a hour and wage claim, disability or social security claim in Florida, do not hesitate to Contact Us before you speak with an insurance company. There is no obligation to hire a lawyer and the consultation is FREE.
