Cavey and Barrett Blog

The Dirty Little Secret that Hartford Doesn’t Want you to Know about Juan Mendez, Dr. Mark Burns and Dr. Michael Ratter

Do you have a fibromyalgia claim or a Hartford Long Term Disability claim? Find out the dirty little secrets Hartford Life Insurance does not want you to know about doctors like Juan Mendez, Dr. Mark Burns and Dr. Michael Ratter.

Long Term Disability Insurance Check Up

Long term disability attorney Nancy Cavey suggests that you review your insurance policy.

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.

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.

23 Mistakes You Can Make in Completing Your Activity of Daily Living Form

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.

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.

You’re the Star in a Long Term Disability Claim Denial Movie

If your claim has been denied as a result of surveillance, you should contact a Long Term Disability claims attorney who will ask for a copy of your file, including the surveillance and a surveillance report.

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.”

Has Your Claim for Fibromyalgia Been Denied Because of a Lack of Proper Diagnosis?

One of the most common reasons that Fibromyalgia are denied is because the Long Term Disability carrier says that there hasn’t been a “proper diagnosis” of your condition.

Federal Judge Allows Deposition in Standard Insurance Company Claim’s Denial of Disabled Attorney

Congratulations to David Bryant and Megan Galor, disability attorney’s who represent J. Kevin Garvey in his Long Term Disability claim against his former employer Piper Rudnick and their Long Term Disability carrier Standard Insurance Company.

Vocational Mistakes Long Term Disability Carriers Use to Deny Your Long Term Disability Benefits/ Sarasota Long Term Disability Benefit Lawyer Nancy Cavey

Long Term Disability carriers will routinely use a vocational assessment to determine your residual functional capacity and the skills, interests, aptitudes you have so that they can determine whether you are capable of going back to your past work or other work available in the national economy.

UNUM Paul Revere Long Term Disability Policy Denials - Shifting the Burden Of Claims Investigation

The Ninth Circuit in Hangarter v. Provident Life An Accident Insurance Company, 373f.3d998, 1014 (9th Circuit 2004) entered a skating decision summarizing the extensive evidence that had been developed in a jury trial that resulted in the punitive verdict of over $10 million against UNUM Provident and Paul Revere based on a claims handling.

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.

Disability Policies and the Term “Occupation”

Let me give you an example, pull out your disability policy and take a close look at it. Does it define “occupation”? Does the “occupation” refer to only the job you held at the time your disabled? Does it mean the “inability to engage in your occupation” at the time of your disabling condition? Or should it be interpreted to include any work requiring similar skills or producing a similar end point?

Are You the Star in a Long Term Disability Movie? How Long Term Disability Carrier’s Use Surveillance to Sabotage Your Case

Long Term Disability carriers use surveillance to document what you do during your day, including the activities of daily living like running errands, filling up your gas tank or going to the bank.

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.

Long Term Disability Attorney Richard Johnson Discusses ERISA’s Effects On Clients

Long Term Disability Attorney Richard Johnson appeared on Nicole Sandlers talk show on Air America discussing the effects that ERISA has on our clients. Nancy Cavey, a Florida based ERISA Long Term Disability attorney who handles cases in Florida, Georgia and Alabama suggests that you listen to this talk.

Are Long Term Disability Policies Purchased Through My Medical Society Covered Under ERISA?

Nancy Cavey, ERISA Long Term Disability attorney who practices nation wide, knows that groups like dental hygienists or doctors are professional organizations who may offer disability policies to their members. Questions do arise about whether or not a disability policy offered through a professional association that offers a group discount are individual policies not subject to ERISA.

Why isn’t an Award of Social Security Disability Benefits Acceptable to prove that I am Disabled Under My Long Term Disability Policy?

The problem with disability under the Social Security program does not imply that you are disabled under your Long Term Disability policy, why? The Social Security Administration uses a five step sequential evaluation including listed impairments and an age/education grouping which was designed to manage the high number Social Security Disability claims.

My Long Term Disability Claim was denied because I Can Be a Video Surveillance Monitor: What Does That Have to Do With My Claim?

Long Term Disability policies normally say that after the payment of two years of benefits, you must prove that you are unable to do the material and substantial duties of any occupation by which you are experienced as a result of your age, education and transferable skills.

Have Predictions by Your Doctor of Improvement Led to the Long Term Disability Carrier Denying Your Benefits?

Long Term Disability insurance companies, including UNUM, have a habit of selectively reviewing medical records looking for statements to take out of context to justify a claims denial. For example in Pelchat v. UNUM Life Insurance Company of America, 2003 US District Lexis 8095 (N.D. March 2003), the Long Term Disability policy holders physician initially released her to return to work with restrictions but “shortly thereafter determined that she remained disabled.”

Your Doctor Tells You to Avoid Stress But Long Term Disability Carrier Denied Your Claim on the Basis that You Can Work: What Should You Do?

If you are a Long Term Disability policy holder who suffers from cardiac problems be aware that Long Term Disability carriers, such as UNUM, will shuffle through medical records and seek to deny your benefits without fully considering all of the aspects of your case, including the impact of stress.

What Does the Phrase Regular Occupation Mean in My Long Term Disability Policy?

Many Long Term Disability policies say that you if are unable to perform your regular occupation you may be entitled to Long Term Disability benefits. But what does regular occupation mean? Regular occupation means the occupation you are in at the time that you became disabled. In Dionida v. Reliance Standard Life Insurance 50.fsupp2d.934 (N.D. CA 1999), the court held that regular occupation means “a position of the same general character as the insurers previous job, or similar duties and training requirements.”

Is there a Good Book on Long Term Disability Policies for Florida Long Term Disability Policies Holders that You Would Recommend?

Nancy Cavey, a Long Term Disability ERISA lawyer who practices in Florida, has written two free consumer guides. Robbed of Your Peace of Mind and The Smart Long Term Disability Consumer Guide For Preparing For Your Statement and Field Visit, to help you understand terms you don’t want to see in your insurance policy and the games that Long Term Disability carriers play in denying your claim.