Cavey and Barrett Blog

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.

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 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.

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.

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.

Overheard Expense

When you purchased your Long Term Disability policy hopefully you also purchased an overhead disability insurance policy. When is the last time read that policy? Most policies agree to “pay benefits during a period of disability for covered overhead expenses which pile up while you are totally disabled after the elimination period.” These policies can define disability as the “inability to perform the substantial and material duties of your occupation."

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.

Americans Putting Their Income at Risk | Florida Long Term Disability Lawyer

Most americans work but do not prepare for illness or injury according to Business Wire. The risk of having a work related injury is 3 out of 10. Disability insurance can be risk when dealing with a long term or short term disability policy.

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.

Long Term Disability Carriers Misrepresent Policies | ERISA Attorney in Tampa

ERISA policyholders can be misrepresented in their Long Term Disability case with an insurance carrier due to limited your disability rights. Find out how to help your ERISA claim.

Long Term Disability Features for Medical Professionals and Attorneys | Know Your Benefits

Medical and Legal Professionals should consult an experienced Long Term Disability Attorney when filling for a Long Term Disability policy. You need someone that can help you with everything you will need when you become disabled. You must have these things in your policy.

Financial Pre-Planning Doesn't End When You Buy Your Long Term Disability Policy | ERISA Disability Insurance Lawyer

Your financial preplanning did not begin and end with the purchase a long-term disability policy. That was only the beginning!

You still have to make significant plans for your financial future. What do I mean?

If you suffer from a gradual onset disease like degenerative joint disease, Parkinson's disease, Lou Gehrig's disease, multiple sclerosis, or Alzheimer's, the disease process will give you the time you need to make significant work and financial decisions.

There are a number of steps that you must take, sooner and not later, in financial preplanning.

1.  Learn about your disease and how it progresses over time.

It is important for you to understand how your disease will impact your ability to work, how it will progress over time, what your future medical needs are going to be, and when you will become unable to work.

The answers to these questions will impact how long you will be able to work and maintain any group insurance coverage.

2.  Look at your current financial condition and determine how it might change over time.

This step requires a critical look at your current financial condition and obligations.
What are your assets? Is there any disability coverage that would make the mortgage payment if you're unable to work or disability policies that would make payment on in the vehicles or consumer debt? How much do you owe? Do you  have a budget?

How would that budget change if you become disabled? Can you get your finances
under control in the time frame you have available to continue working? If not,
how were you going to meet those obligations?

Do you know how long it takes to get Social Security disability benefits?
When would you be entitled to Medicare? Can you afford to cobra your group insurance coverage? How long can you Cobra your group insurance? Is there going to be a gap in time between you running out of group health insurance coverage and be eligible for Medicare? Can you find alternative insurance?

3.  Set financial goals.

These financial goals can be short-term or long-term. Do you have flexibility built in to these goals as your condition changes? How are you going to be able to live on a reduced income? How are you going to get medical treatment with reduced or limited medical benefits?

4.  Obtaining assistance.

It is crucial that you understand what your long-term disability policy provides
in the way of benefits, whether those benefits can be reduced by various offsets
such as Social Security, how long you are entitled to benefits, what limitations
may exist on coverage.

It is also crucial that you understand your rights to Social Security disability benefits
and the amount of benefits you might be entitled to, including dependent benefits.
Many states have a significant delay in getting a Social Security disability hearing. Your data eligibility for Medicare will depend on the date you become disabled for Social Security disability purposes.

It may be necessary for you to hire a long-term disability or Social Security disability Attorney and you can use this time to get answers to your questions. You may also have to consult with your insurance agent, tax advisor or financial planner.

5.  Make flexible decisions.

As your disability progresses, your options will change, and you need to be prepared financially to address those changes.  Having a game plan before your disability progresses gives you more control. Unfortunately, your options can become significantly limited if you fail to get advice before you become disabled. It's not uncommon that decisions become more typical as your disease progresses and your ability to make those decisions comes compromised.

Financial preplanning is a team effort, and one that should be done earlier and not later. Don't place yourself in a situation where you have to struggle to make difficult financial decisions in a time of need.

Experienced long-term disability/ERISA and Social Security attorney Nancy Cavey can provide guidance to you in the financial preplanning required as a result of your 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.

UNUM's 2008 Profits Come at the Expense of Long-Term Disability Policy Holder's Piece of Mind | Clearwater ERISA Disability Attorney

UNUM's 2008 Third Quarter Profits  are in! UNUM reported a "net income of $108.00 million in the third quarter of 2008 compared to a net income of $187.00  million in the third quarter of 2007". Mr. Thomas R. Watjen, president and CEO, commented in an article found at http://www.ad-hoc-news.de/UNUM-Group-Reports-Third-Quarter that he was "pleased with our operating results and the quality of our balance sheet . . ."

UNUM's profitss coming at the expense of UNUM LTD Policy Holder's peace of mind. UNUM is robbing their long term disability policy holders by denying  valid long term disability claims and offering buyouts of 15% - 35%. UNUM's profits are,  in part, generated out of their long term disability claims handling process.

To learn more about how long term disability insurance companies write policies that rob long-term disability applicants of their peace of mind go to Cavey law.com where you can order Clearwater ERISA/Long term disabilty attorney  Nancy Cavey's book "Robbed of Your Peace of  Mind".   

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.

 

If You Are a Pharmacist and Don’t Understand the Definition of Your Occupation, You’ll Hate Yourself When Your Long Term Disability Claim is Denied

Are you a Pharmacist looking for Long Term Disability benefits and are not happy with your current policy? Contact a Long Term disability attorney today to learn more about your benefits.