Cavey and Barrett Blog

Fatigue and Your Disability Claim

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.

Long Term Disability Benefits and Lyme Disease

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.

Fibromyalgia and Your Long Term Disability Claim

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.

Proposed New Criteria for the Diagnosis of Fibromyalgia

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.

What Every Long Term Disability Policy Holder Needs to Know About Social Security Disability

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.

Long Term Disability Claims and Your Treating Physician

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.

The Long Term Disability Carrier’s Call Asking for a Statement

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.

Mental Nervous Disorders Used as To Deny Multiple Sclerosis to a Long Term Disability Claimant

In Dunn v. Reliance Standard, US District Court (C.D. Cal) Mr. Dunn was employed by UBS Railroad as a financial advisor and had a Long Term Disability policy through his employer, which was administered by Reliance.

Mr. Dunn was diagnosed with having multiple sclerosis and understandably, developed depression. He was referred to a psychiatrist for evaluation and treatment as his treating physician opined that his mental condition was caused by multiple sclerosis.

One physician also opined that Mr. Dunn was completely disabled by both the psychological and MS conditions.

Reliance in an effort to deny Mr. Dunn benefits had a independent medical evaluation by a Dr. Orfuss who knew that Mr. Dunn had a history of depression prior to the diagnosis of MS.

Without explanation to denote this preexisting history, Dr. Orfuss concluded that Mr. Dunn was temporarily and total disabled as a result of his psychiatric problems explaining his conclusions by applying Mr. Dunn’s case to other MS patients who continued to work: “to certify disability of Mr. Dunn is due to Multiple sclerosis at this time, serves as a great injustice of those thousands of patients with MS with far more grief and exacerbations and far more frequents symptoms than he manifests, that continue working all with the motivation to remain as productive as possible for as long as possible.”

Based on this opinion, Reliance denied the claim for Long Term Disability benefits based on MS and then in the appeal providing documentation from a treating physician reporting that Mr. Dunn was totally disabled as a result of a multiple sclerosis including his cognitive dysfunction and fatigue which are most related.

Reliance requested another review using a well-known insurance favored peer reviewed doctor, Dr. William Halpman who has been criticized in the past for  “obvious bias and favorable objecting a claimant for LTD benefits.”

As expected Dr. Halpman agreed with Dr. Orfuss and maintained his denial of Mr. Dunn’s claim.

Mr. Dunn then filed a lawsuit in district court and the federal court reviewed the mental nervous limitation in the policy which stated that the limitation applied to “periods of disability caused by or contributed to by mental and nervous disorders.”

The court found that the phrase “due to” was ambiguous and was susceptible of at least two meanings, one of which could mean the inability to work was solely the result of the depression. But the court however noted that the phrase could be “read more broadly” and the limitation would not apply to neither physical and mental disorder as “the sole cause of the inability to work but rather it would apply a physical ailment and the mental disorder together to create the inability to work.”

The court concluded that the policy language was in conflict of the plan description of limitation and construed the ambiguity in favor of Mr. Dunn finding the 24 month limitation didn’t apply to inability to work unless his inability to work was “solely at trivial to the depression.”

The court also noted that despite other district courts criticism of Dr. Halpman’s use of Dr. Orfuss’ in regard to practices in respect of fighting analysis, the court noted that Reliance has used the services of Dr. Halpman 267 times in 2003 and 110 in 2004.

The court noted that: “Dr. Halpman appears to be a man with a mission- to find a way to justify denials.” And in this case, the Federal District Court found that Reliance continued, to back self-interest in deciding and determining (Long Term Disability benefits) by the use of Dr. Halpman.

If you are an MS sufferer who’s Long Term Disability plan has been denied or suspended based on a mental nervous limitation or the use of insurance doctors such as Dr. Halpman, you need the assistance of Nancy Cavey a Long Term Disability attorney who practices in nationwide and assists MS sufferers with their claims for benefits.

You Already Are a Millionaire!

Life Foundation who has an online lifetime earnings calculator at www.lifehappens.org/earningcalculator, reports that “less than half of working Americans, 47% believe that they will earn one million dollars over the course of their working years.” This foundation report noted that US census data “show a vast majority, 84%, will earn at least that much.”

What Should I Do I’ve Been Scheduled for an Independent Medical Evaluation for my Long Term Disability Claim?

Nancy Cavey, a Florida based Long Term Disability ERISA attorney suggests that you immediately consult with a Long Term Disability attorney. Why? There are a number of things that can be done to protect you. One of the things that can be done is to send a letter to the Long Term Disability carrier asking for:

Long Term Disability Benefits and Lyme Disease

Did you know that Lyme Disease is one of the fastest growing infectious diseases in the United States? Lyme Disease results when an infected tick bites you and the borrelia burgdorferi bacteria are transmitted into your blood stream. This bacteria finds its way through the joints and the connective tissue to the heart, spine, brain and other areas.

UNUM and Paul Revere Use Targets and Goals For Claim’s Denial/ UNUM Provident Paul Revere Long Term Disability Denied Attorney

UNUM Provident and Paul Revere have been found guilty of setting targets and goals for claim’s terminations to include the profitability of UNUM and Paul Revere without respect to whether or not that Long Term Disability policy holder is rightfully due their benefits.

Tax Lawyer Denied Long Term Disability Benefits by Provident Life: An Accident Insurance Company, Provident Life Long Term Disability Benefits Denied Attorney Nancy Cavey

Patricia Galvan, who was a 54 year old tax attorney, was involved in two automobile accidents in 2000 and 2001 and was treated extensively for neck pain, thoracic outlet syndrome, herniated discs, radiculopathy and shoulder impingement syndrome. Ms. Galvan attempted to battle through her pain but by mid-January 2004 she could not work any further.

Long Term Disability Carrier’s Letters to Your Treating Physicians

Despite the fact that that your doctor has written a brilliant letter supporting your claim for disability, the carriers just can’t leave well enough alone, they want to change your doctor’s opinion by having a conversation with the doctor or having them write supplementary reports.

Long Term Disability and the Receipt of Social Security Benefits

If you’ve purchased your Long Term Disability policy through your employer you will most likely find: Any Social Security Disability benefits received will be subtracted from your Long Term Disability benefits and that tou have you “repay” the Long Term Disability carrier any lump sum that you’ve received for past-due Social Security Disability benefits.

Common Myths: What the long term disability companies don’t want you to know about your disability claim.

What the long term disability companies don’t want you to know about your disability claim.

Newsletter: Ending Carrier Harassment

At Cavey and Barrett we can end the calls and letters immediately, we will work with you, your doctor and your long term disability carrier so that you can be assured the your long term disability carrier gets the right medical, right vocational and right evidence so that they may pay you the long term disability benefits that you are due.

Our Congratulations Letter for the Welcome Package for New Clients

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When you become our client, we will mail you an information packet with a letter that will go a little somwthing like this:

Congratulations, you’ve made the right decision to hire Cavey and Barrett to help you with your long term disability claim. It wasn’t easy, but you’ve seen the light! You’ve taken the first and most difficult step, you’ve found the courage to come in and face the long term disability carrier to get the disability benefits you and your family deserve.

 

Cavey and Barrett are your trusted and respected guides for you and your family on the way to getting your long term disability benefits.

 

We thank you for choosing Cavey and Barrett! You’ll soon see the light of day!

 

In this packet you will find:

 

*Our New Client Welcome Book, which introduces you to your legal team and our communication policy.

*Our current newsletter.

*A calendar to keep track of important dates in your case.

* Our Castle Florida flashlight.

 

This flashlight should come in handy and remind you that you “saw the light” in choosing Castle Law of Florida.

Activities of Daily Living Form

The Long Term Disability carrier has asked you to complete an Activities of Daily Living form in which you are asked to document what you are physically capable of doing. In that form, or even in a statement, you might tell the Long Term Disability insurance company that you “always use a cane” or that you always “limp.” If surveillance shows that you are walking without a cane or without a limp you are in trouble! While walking without a cane or a limp doesn’t mean you can work, it does destroy your credibility.

Fibromyalgia and Your Long Term Disability Claim

Long Term Disability carriers, like UNUM Life Insurance Company of America, frustrate those with fibromyalgia. It is important that you look at your Long Term Disability policy to determine whether or not there are any kinds of limitations on self reported conditions or a specific exclusion for Fibromyalgia. There also may be a limit for the payment of benefits for self-reported conditions of Fibromyalgia with a maximum of 24 months of benefits.

Doctor to Doctor Calls and Your Long Term Disability Claim

Long Term Disability companies, including UNUM, routinely make doctor to doctor calls to persuade your doctor that you are capable of working. It always looks better for UNUM when they deny your claim if your physician supports that denial.

Private Disability Insurance Policy | Private Disability Insurance Attorneys | St. Petersburg Florida

At Cavey and Barrett, your Florida based private disability insurance attorneys, we suggest that you purchase a private disability insurance policy. We found the private disability providers are more likely to live up to their own promise of providing a needed income in the case of disability. Making decisions and understanding a disability insurance policy can be complex and difficult. That is why we have written two great books, "Robbed of Your Peace of Mind" and "The Smart Long Term Disability Consumer Guide for Preparing Your Written Statements and Field Visit" Please do not hesitate to contact us for your FREE no-obligation books.

Social Security Disability and Veterans Disability Claims.

Are you a disabled veteran who has applied for Social Security Disability benefits? You can get both Social Security Disability and Veterans' benefits. There is nothing that stops you from getting two federal disability checks from two separate federal agencies. Think about it: medical records are the basis of your claim for both Social Security Disability and Veterans' benefits. Make sure that both the Disability Examiner or your VA and Social Security Disability Claims Examiner are aware of all of your medical treatment, including your military treatment, names of your doctors and addresses of your providers. That will make it easier for your records to be gathered by both the Social Security Administration and the Veterans Administration.

You can speed up the approval of both disability claims by making sure that both the Social Security Administration and the Veterans Administration are aware of all of the medical treatment you're receiving.

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.

No. 2 - My spouse is working. Will their income affect whether I'm entitled to Social Security Disability benefits?

If you're applying for SSI disability benefits and your spouse works, this may prevent you from getting SSI. If you get SSI, the amount earned by your spouse can potentially reduce the amount of your check.

However, if you're applying for Social Security Disability benefits (SSDI), then your spouse's earnings have no effect on your claim. It won't impact your eligibility to apply for disability benefits, to get disability benefits or have any impact on the amount of your benefits.

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.

No. 7 - Are you eligible for Social Security Disability?

To be eligible to file an application for Social Security Disability benefits you have to be insured. What? Now, I know that you haven't completed a disability application or paid a premium, so what do I mean by being insured?

The payroll deduction that your employer makes into the Social Security system is how you become insured. You have to be in the workforce for 20 out of 40 quarters to be insured.

If you have a gap in your work history because of illness, you may have lost your insured status for Social Security Disability, or you may simply have never worked.

If that's the case, the Social Security office will take an SSI disability application. What's that? SSI covers individuals who aren't eligible for Social Security Disability and don't have assets in excess of $2,000.

To be eligible for SSI, you must have a physical or mental impairment (or both) that:

(1) is considered severe;

(2) lasts for at least 12 months, or is anticipated to last that long based on your medical records;

(3) prevents you from working at the lightest job you held in the last 15 years;

(4) prevents you from performing suitable other work based on your age, education, work skills, and physical or mental limitations.

If you are not insured for Social Security Disability purposes, you may still be eligible for SSI.

At Cavey & Barrett we can help you determine whether or not you meet the criteria to be insured for Social Security Disability.

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.