Cavey and Barrett Blog

Are You Afraid You Can’t Afford a Social Security Disability Lawyer?

So does a Social Security Disability attorney get paid? The Social Security Disability attorney's fee rules say that an attorney can get 25% of the back payment that you may be entitled to.

Remember, while the Social Security Administration sets the maximum fee amount, it does allow an attorney to charge for expenses such as copying, medical records and even travelling.

Also remember that the Social Security Administration has the final say about whether the fee agreement is appropriate.

The Social Security Administration protects you by making sure the fee is reasonable and appropriate.

Contact Cavey and Barrett, a South Tampa, Social Security Disability law firm. You can request a copy of our attorney fee contract before you consult with us. There are no hidden fees or costs in our contract.

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Nancy Cavey's Story

When I was in junior high school my father became chronically ill and was diagnosed with leukemia but our family insurance brokerage of Goldman & Mary and my father had a private disability insurance policy with USF & Jean. By the time I was a senior in high school my father was unable to work, he was excellent father, hardworking and honest man. He was also an excellent businessperson who thought of his family first even in the case of illness that prohibited him from working. My father’s illness and retirement was a drastic change in our lifestyle. He applied for and was granted Social Security Disability and collected long term disability benefits.

I remember his monthly trips to his treating physician to have him fill out his disability forms and my mother was concerned that USF & Jean would stop paying the long term disability benefits my father was owed.

My father illness shaped who and what I am in the development of my life’s mission. I have devoted my professional and personal life to helping injured and disabled secure Social Security Disability and long term disability benefits.

I have helped thousands of people and their families.

I have passion about helping people obtain the disability benefits that they are entitled to. Our motive is really that simple.

I have written a book called Robbed of Your Peace of Mind to give short and long term disability applicants guidance that my parents didn’t have when they went through this family crisis.

I’ve also written a second book called Mistakes (Book about Statements). I cannot offer any magical solutions but I can give families in the Tampa, St. Petersburg area information about short and long term disability issues.

Please join us in our efforts to help educate individuals and families. I am offering this collection of complimentary resources that are available for you to use and you to distribute to your clients who may be in need.

I would like to express our deep appreciation for your support by providing these books.

Nancy Cavey

Disability Seminars

UNUM’s Use of “Independent Medical Examiners”

In an interesting article by Jane Lundy on October 28, 2009, Jane outlines the gains that Long Term Disability carriers, such as UNUM, play by using “independent examiners.” Independent doesn’t means independent, it means a doctor who, for whatever a reason, needs to make money to supplement their income and becomes a hired gun for Long Term Disability insurance companies like UNUM.

If you are being scheduled for an Independent Medical Evaluation in your Long Term Disability claim, you need to immediately call an experienced Long Term Disability and ERISA attorney who can assist you in understanding the “independent medical” process and help you protect yourself from bogus independent medical evaluations.

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11 Year Old Stands Up For Justice and Sues Coleman For Horrific Burn Injuries

The American justice system is full of heros and one of them is an 11 year old Trevor Dennis who will take on the Coleman company in a jury trial on Monday. His family was using a Coleman heater when it caused a fire in their tent and he was horrifically burned. Coleman has yet to do stand up and do what is right-  what we as Americans are taught to do and that is to take responsibility for our actions.  

The "other" American Way to resolve disputes is to have a jury trial and let an impartial panel decide who is at fault for Trevor's injuries - injuries that have scarred him for lift.   In our American system of justice, even an 11-year old can stand up to one of the world's more powerful companies, Coleman, and hold them accountable and seek fair compensation for their negligence.  We only hope that Coleman decides to do what is right and show an 11 year old what responsability is all about!

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8 Ways Employers Bend The Florida Overtime Wage Laws | Pinellas County Wage and Hour Attorney

8 Ways Employers Bend The Florida Overtime Wage Laws

The Fair Labor and Standards Act (FLSA) requires employees who work overtime to be paid for the additional work they have done beyond the standard 40 hour work week. Even though this law is supposed to make things standard across the country so all employees are treated fairly, some employers routinely "cheat" their employees out of overtime pay, even if they do it unintentionally. Because the law is confusing and complex, it is easy for employers to either misinterpret the FSLA or to "bend" the law to avoid paying their employees fair compensation for time worked.

In order to decide if you are owed an overtime wage in Florida, you need to consult with an attorney who is familiar with the law in your state. Even though the FLSA standardizes the wage laws, states have certain variations of the law, but the following represent some job categories that typically don't pay overtime, even though the employee may really be entitled to it:

Putting in hours "off the clock" - does your employer require you to perform duties before or after your work day starts or ends? An example would be a dental office employee who is required to turn on equipment before clocking in for the morning, or to close down the equipment before leaving for the day and after clocking out.

Unpaid breaks or working through lunch - you may be owed an overtime wage if your Florida employer does not pay you for breaks of more than 5 minutes and less than 20 minutes or if you are required to clock out for lunch, but must complete work-related duties during your lunch break.

Taking home work - if you take work home with you, generally the employer must pay you for that additional work time.

Meetings or training - are you are required to attend a meeting or do some training outside of work hours? An example would be a morning "briefing" before clocking in.

Pre-approval of overtime - do you need to get pre-approval before working overtime? If your employer will not pay for unapproved overtime even if you work extra hours, talk to a Florida attorney about that overtime wage!

Combining work weeks - if you work more than 40 hours in a week, you should be paid for overtime that week even if your employer combines two or more weeks on a paycheck. For example, some employees get paid bi-weekly or semi-monthly which means an employer may refuse to pay overtime for the first week at, say, 45 hours when the second week is less than 40 hours because they'll combine the two to get a total of 80 hours or less.

On call - if you are required to be 'on call' and must report to work on short notice, you may be entitled to overtime pay.

Fancy job title - you may have a snappy job title that makes you feel important (and means the employer thinks he can get away with not paying you overtime). For example, if you are a "supervisor" but don't actually supervise anything, see a lawyer about those Florida overtime wage laws!

Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.

Fair Labor Standards Act | Hillsborough County Wage and Hour Lawyer

The U.S District Courts issued an order on January 27^th, 2009 denying the defendants motion for reconsideration of order on motions for summary judgment. The plaintiffs (I Galdames, J Galdames, and G. Osorio) seek to collect, pursuant to the Fair Labor Standards Act back pay for unpaid overtime compensation and associated damages. On September 24, 2008 the courts granted Plaintiffs motion for summary judgment and denied Defendants motion for summary judgment. The courts found that N&D was an enterprise for purposes of applying the FLSA. The defendants then moved for a reconsideration of the motion. Three major grounds for reconsideration are :

1. An intervening change in controlling law

2. The availability of new evidence

3. The need to correct clear error or to prevent manifest injustice

“A motion for reconsideration should not be used as a vehicle to present authorities available at the time of the first decision or to reiterate arguments previously made.”

The Defendants argued that the order should be reconsidered because N&D is not an enterprise covered by the FLSA and therefore the relevant overtime and record keeping provisions are not applicable to it. The relevant definition of an enterprise covered by the FLSA is set forth in section 203:

      1.    Enterprise engaged in commerce or in the production of goods for commerce means an enterprise that:

A.) Have employees engaged in commerce or in the production of goods for commerce, or in activities that have employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person; and

B.) Is in an enterprise whose annual gross volume of sales made or business done is not less than $500,000.

The defendants neglected to introduce evidence rebutting Plaintiffs prima facie showing that the chemicals had traveled interstate. Therefore the defendants have not presented grounds justifying reconsideration. The defenses belief that the ultimate consumer doctrine applies to enterprise coverage cases is incorrect. It is for these reasons that the defendants motion for reconsideration was denied.

Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.

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According to the U.S Court of Appeals, Eleventh Circuit, District court has “inherent powers to supervise conduct of lawyers who come before it, and in exercising those powers, a court need not free a client from acts of client's lawyers, especially when (sic) said client is aware of or directs those acts.” This was in response to Sahyers v. Prugh, Holliday. The complain issued to the court set forth only a generic request for damages, and included no specific dollar amount or proof as to the amount she believed she was owed. The courts concluded that lawyers for the plaintiff made no effort to contact the defendants to inform them of the Plaintiffs impending claim, much less to attempt to come to a resolution before a suit was filed. The counsel for the plaintiffs only reason for failing to contact defendants was that client instructed him not to do so.

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In 2007, Florida once again led the nation in the number of overtime lawsuits filed against its employers. A major reason for this is the fact that the Fair Labor Standards Act allows attorney fees for successful litigants. A recent example of a construction related position that has been susceptible to overtime litigation is the construction superintendent. While superintendents normally perform managerial duties, there may be other elements of the FLSA exemptions that they do not satisfy. To be exempt as an “executive” a construction superintendent must regularly direct the work of at least two full-time employees. To be administratively exempt, an employee must be paid a salary basis of at least $455 per week, primarily perform office or nonmanual work directly related to the management of general business operations, and have primary duties including the exercise of independent judgment on significant matters.

What type of work is directly related to management an business operations? Labor Department regulations say an employee must perform duties directly related to the operation of a business, which is distinguished from “working on a manufacturing production line or selling a product in a retail or service establishment.” If your company has not reviewed its employee classifications lately, you should perform an audit to ensure each employee has been appropriately classified, especially if any reduction in force has occurred.

Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.

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Federal Judge calls Fair Labor Standards Act a “Nuisance” | Tampa Bay Disability Benefits Lawyer

The Honorable Judge Kenneth L. Ryskamp, of the Federal District Court for the District of South Florida recused himself after the attorney for Michael Guttentag filed a Motion for Judicial Disqualification and Recusal. In the Guttentag vs. Abercrombie &Fitch Stores, Inc. case, Mr. Guttentag’s attorney cited to the Judges statements in prior cases referring to all Fair Labor Standards Act (FLSA) claims as a “Nuisance.”  The motion also highlighted language from previous orders written by the judge referring to Fair Labor Standards Act cases as “just a lawyer’s retirement bill.” 

 Should a person charged with interpreting the law show such a bias? To read the entire Motion click this link: Plaintiff, Michael Guttentag’s, Motion for Judicial Disqualification and/ or Recusal; Motion to have Instant Motion referred to Chief Judge Moreno; Motion for Stay Pending Resolution of Disqualification/Recusal; and Request for Expedited Ruling.