Cavey and Barrett Blog

Airplane Pilot Loses License Because of Restrictions and is Still Denied Long Term Disability

Are you an Airplane Pilot and have been denied your benefits for long term disability? Some insurance carriers will deny your claim for long term disability benefits based on restrictions.

The Truth about ETNA’s Claim Handling of Spinal Injuries | St. Petersburg Disability Attorney

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.

Is Your Financial Future as an Orthopedic Surgeon Vulnerable because You Don’t Understand the Terms of Your Northwest Mutual Long Term Disability Policy?

Are you a orthopedic surgeon or physician and have Northwest Mutual Long Term Disability coverage but are unsure of your terms of your policy? Have a Long Term Disability attorney like Nancy Cavey look over your policy so you are not vulnerable.

BiPolar Disorder Leads to Long Term Disability Benefits | St. Petersburg SSD Attorney

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.

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.

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.

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.

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.

Don’t Delay, Call to Action!

If you are having financial problems because you are not getting the disability benefits you deserve, don’t delay in getting professional help. With long term disability claims, the more you wait the worse it can get. The long term disability carrier stalls, asks you for more information, harasses your doctors all the while you are in pain, unable to work and have bills piling up.

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.

Disability Attorney Nancy Cavey Helps Long Term Disability Insurance Claimants Understand Their Long Term Disability Claims Process

Disability insurance companies like to collect premiums but fight hard to protect their cash reserves, denying claims. Unfortunately it is not uncommon for Long Term Disability insurance companies to deny or delay a claim, which can lead to financial disasters for Long Term Disability policyholders. It is important that you understand the Long Term Disability claims process before you file a claim for Long Term Disability benefits.

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.

Is the definition of disability important in my disability policy?

Most physician disability policies will provide for the payment of disability benefits if you are unable to engage in your occupation. However, Long Term Disability carriers fudge on the definition of disability. You need to make sure that you understand what the term “your occupation” means.

Many Long Term Disability Policies Require that You Apply for Social Security Disability Benefits

Many people make the mistake of accepting the assistance of the Social Security vendor recommended by a Long Term Disability carrier. Unfortunately, it is not uncommon for companies like these to try to get you to file a Social Security Disability claim based on the wrong condition or a condition that gives you limited coverage under your Long Term Disability policy.

5. Reflex Sympathetic Dystrophy

If you suffer from Reflex Sympathetic Dystrophy you may be eligible for Social Security Disability benefits if you are no longer able to work. Contact RSD Social Security Disability expert Sharon Barrett for more information on your rights to Social Security Disability benefits.

What Are the Stages of a Disability Claim? Florida Disability Lawyer

Florida Disability Lawyer Nancy Cavey talks about the disability claims stages and what you need to know about the process of filing for a disability claim in Florida.

Need a Experienced Long Term Disability Attorney in Tampa?

Need an experienced Long Term Disability Attorney in Tampa Florida? Contact the Law Office of Cavey & Barrett today for help with your disability claim today.

Dentists Financial Future and Disability Insurance | Dentist Insurance Claim Lawyer

If you are a dentist and need long term disability benefits or you policy looked at, Long Term Disability Insurance Lawyer Nancy Cavey is here for you.

8 Things Every LTD Applicant Should Do Before Filing a Claim for Long Term Disability

Learn about the 8 things you need to know and understand about filing a claim for Long Term Disability Benefits in the United States.

How Your Doctor Can Destroy Your Long Term Disability Claim | LTD Attorney

Learn how your doctor or physician can destroy your Long Term Disability Claim by not wanting to get involved in your claim. Insurance Carriers interpret this as a no restrictions and limitation to your benefits.

President Obama | H1N1 Virus and Long Term Disability Claims

Since President Obama has declared H1N1 Virus (swine flu) a national emergency, many businesses will let sick workers stay home. If you have swine flu and have a disability claim, and your benefits have been denied, contact a Swine Flu Denied Claim Disability Attorney Nancy Cavey.

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.