Cavey and Barrett Blog

If You Don’t Understand the Games Employers are Playing in Managing Short Term Disability Claims, You’ll Hate Yourself Later

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.

Overpayment of Long Term Disability Benefits and that Call from the Carrier Asking for the Money Back

Overpayment of Long Term Disability Benefits and that Call from the Carrier Asking for the Money Back

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.

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:

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, and 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.

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.

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 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.

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.

Closely Reading Guidelines and Your Claim for Long Term Disability Benefits

Closely read, “return to work guidelines.” Long Term Disability carriers will routinely use these to deny Long Term Disability claims. What are the guidelines? Quite frankly, these guidelines are at best estimated return to work dates created by a former Long Term Disability medical claims consultant, obviously you can tell that any of these guidelines will provide for an early return to work and are not favorable to Long Term Disability claims applicants.

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.”

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.”

Do I really need a private disability insurance policy if I have a policy through work?

Can you and your family survive on 60% or less of your current income? Probably not. I suggest that you buy a supplemental private disability insurance policy. Protecting yourself is key to avoiding serious debt if you become disabled and these benefits are generally not taxable and the carriers are more likely to pay your disability benefits without a fight.

Financial Pre-Planning and Your Claim for Long Term Disability Benefits

Financial pre-planning does not begin and end with the purchase of your Long Term Disability policy. That’s only the beginning! You still have to make significant plans for your financial future.

Why Every Medical Professional Should Have a Disability Claims Consultation Before Filing a Claim for Long Term Disability Benefits

There are many stumbling rocks in the disability process. Before a medical professional considers filing a claim for disability benefits, there is help available. You have a difficult decision to make about whether and when to apply for disability benefits and how to maintain your practice as you move through the disability process.

Things to Consider

Your disability application should be reviewed by a disability attorney, and you should never give a field statement or even talk with the adjuster on the phone. These conversations are recorded and will be used against you.

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.

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.

No. 8 - I've been denied Social Security Disability benefits. What do I do next?

You have three choices: you can give up, file a brand new Social Security Disability application, or you can file an appeal.

I'm a fan of Winston Churchill, and my motto is "Never give up!"

You have to understand that most initial disability applications are denied and, in fact, are also denied a second time at the "request for reconsideration" stage.

Your chances of winning at the disability hearing stage level rise significantly, particularly if you have attorney representation.

We rarely contemplate having you start over with a new application and only suggest it if there is some technical reason for your denial. At Cavey & Barrett we can analyze the basis for the denial and help you decide whether or not you should appeal or file a new claim for disability application.

Of course, at Cavey & Barrett we find that the best course of action is normally to file a timely appeal. In fact, we suggest that you file it as soon as possible.

At Cavey & Barrett we can help you with the appeal process and, in particular, help you fill out the disability claim forms to make sure that you have properly explained your functional limitations and the difficulties that you have. Never give up on your claim!

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.