Find out the truth about long term disability carriers attending physician forms. ETNA, for example, does not have a uniform form. Find out what you need to know about your attending physician forms.
Long term disability carriers, like ETNA Life Insurance Company are in the business of collecting premium and not
paying benefits. In the case of Capone vs. ETNA Life Insurance Company, 22 Florida Law Weekly Fed C368 cited as 592f3d1189 (11th Circuit 2010), Mr. Capone sustained an injury to his spine when he dove head first into the ocean after witnessing others doing so. ETNA denied the claim on the basis that “alcohol had necessarily caused or contributed to the employees injury”.
In the great decision, the 11th Circuit took ETNA to task for the policy language that “accident” means.
The court held that the cause in the policy providing coverage for bodily injury “cause by accident” could be interpreted as providing coverage of injuries caused by “accidental means”. Accidental means are injuries that are a result of an unforeseen act, involuntarily or unintentionally done and not from injuries, which, while expected, rose from a conscious voluntary act without any intervening circumstances. Since Mr. Capone has witnessed others diving off the dock with no problem, the court held that his injury met the accidental means standard.
If your claim for benefits have been denied by a carrier like ETNA Life Insurance Company, contact ETNA claims denied attorney Nancy Cavey.
Understanding your short term disability benefits from your employer can be confusing. Short and Long Term Disability Attorney Nancy Cavey helps explains these games by employers to get you the benefits of your denied claims.
Cavey & Barrett’s claimant was employed at Johnson & Johnson Vision Care as a sales representative and became disabled as a result of bipolar disorder for which he was awarded Social Security Disability benefits.
If your employer is dropping your short term disability coverage, you may want to read this article. Learn about your Short Term Disability coverage and how the economy has effected it.
A claimant that had became disabled due to bipolar disorder has been awarded Social Security Disability benefits with the help of Cavey & Barrett, St. Petersburg Social Security Disability and Long Term Disability Attorneys.
If you have MS we here at Cavey and Barrett know you're going to have trouble getting out of bed, much less working. We will work our hardest to make sure that you get the benefits you deserve.
Have you been diagnosed with lyme disease and had your claim for Long Term Disability benefits has been denied? Contact lyme disease Long Term Disability attorney Nancy Cavey, for a free, no obligation consultation at 727-894-3188.
Do you suffer from Fibromyalgia and are you thinking about filing a claim for Long Term Disability benefits or has your claim for Long Term Disability benefits been denied? If so contact Long Term Disability attorney Nancy Cavey, who can assist you with your Fibromyalgia Long Term Disability claim by calling 727-894-3188.
Long Term Disability attorney Nancy Cavey was successful in securing the reinstatement of Long Term Disability benefits wrongfully denied by Standard Insurance company in claims involving Piper Rudnick's Long Term Disability policies.
New diagnostic criteria for the diagnosis of Fibromyalgia is being suggested by a team of medical experts headed by Fredrick Wolfe, M.D. of Wichita, Kansas. The new diagnostic criteria will do away with the requirement for moderate pain sensitivity and predetermined tender points on examination.
Most long term disability policy holders are surprised to learn that their long term disability policy requires they apply for Social Security Disability benefits and, if granted, allows the Long Term disability carrier to reduce your long term disability benefits by the receipt of Social Security benefits. Wow! That will reduce the amount of your long term disability benefits.
On the up-side, there are some benefits to receiving Social Security Disability benefits that most long term disability applicants aren’t aware of:
1. Cost of living increases.
2. Taxability of your benefits.
3. Medicare coverage.
1. Cost of Living Increases:
Long Term disability policies generally don’t have a cost of living adjustment factor and, as a result, your long term disability benefit remains the same.
However, most years, the Social Security Administration grants cost of living adjustments to deal with the impact of inflation.
2. Taxability of Your Benefits:
Long term disability benefits may be taxable if you paid your long term disability insurance premium with pre-taxed dollars. Social Security benefits can be taxable.
3. Medicare Coverage:
When you are unable to work, your employer will offer you continuing health insurance benefits through COBRA. This is a very costly option. If you leave your company you are eligible to purchase eighteen months of health coverage. However, if you are receiving Social Security Disability benefits, you can purchase an additional eleven months of coverage.
At Cavey and Barrett we explain, in detail, that it takes almost two years for you to get Social Security Disability benefits. You don’t become Medicare eligible until you’ve been on those benefits for two years.
As you can see, it is important to maintain your health insurance coverage, not only for treatment, but to prove your entitlement to Long Term disability and Social Security. You may need those eighteen months of health coverage to win both cases.
Contact Nancy Cavey, who has experience with Social Security Disability and Long Term Disability cases and she will take the time to explain the interaction between both cases and how you can maximize your benefits. Call at 727-894-3188 for a free no obligation legal consultation.
Don’t be a star in a surveillance horror show and don’t let the pictures of what you are doing in your daily routine be used to destroy your Long Term Disability case. I have written a book called “23 Mistakes You Can Make in Completing Your Activities of Daily Living Form,” which explains in detail how you should complete Activity of Daily Living forms.
If you need help when filing for Long Term Disability Benefits with your insurance carrier, you may need help from a lawyer. Nancy Cavey, a Tampa Long Term Disability Lawyer can help you with your claim.
If the Long Term Disability carrier is thinking about denying your claim for disability benefits they’ll put surveillance on you. If you claim that you have difficulty bending, stooping, lifting and the investigators obtain a tape of you washing your car, bending and polishing or wiping your car dry, you have a problem.
If a Long Term Disability carrier calls to take your statement, you can be assured that they have surveillance film on you. You should never give a statement without representation and we suggest that if you have been a subject of surveillance or the Long Term Disability carrier schedules a conference or meeting with you that you contact a Long Term Disability attorney.