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Category Archives: Blog

New Fibromyalgia Diagnostic Blood Tests for Social Security Disability Benefits

Over the last fifteen years people with Fibromyalgia have been told that Fibromyalgia  isn’t real that it’s all in their head, and that they can simply go back to work. It takes an average of three to five years, according to the Journal of Managed Care Pharmacy for someone with Fibromyalgia to get an accurate diagnosis. Unfortunately, there are still many doctors who remain skeptical that Fibromyalgia exists.

Even the Social Security Disability Administration can make it difficult for those with Fibromyalgia to get the Social Security Disability Benefits they deserve.

New Fibromyalgia Blood Test

Fibromyalgia has, in the past, been thought to be a rheumatological disorder, a central nervous system abnormality, or an interaction between the autonomic central nervous system, hypothalamic pituitary axis, and the immune system. The journal of BMC Clinical Pathology has published a study where researches measure plasma cytokine levels in a group of 110 patients with a diagnosis of Fibromyalgia and determined their responses to Mitogen of their perirhinal blood mononuclear cells. The cytokine levels of those patients were compared to a group of 91 healthy individuals. The study found that the cytokine level in healthy test participants was significantly increased as compared to those who have been diagnosed with FM. What’s the importance of that discovery? This shows that there’s a major set of differences in some mediated immunity in the Fibromyalgia group according to, Dr. Bruce S. Gillis, member of the clinical faculty of the University of Illinois Chicago College of Medicine. This study shows that Fibromyalgia patients have a “depressed and dysregulated immune system.” EpiGenetics has created the first test to objectively diagnose Fibromyalgia.

Social Security Disability Benefits

If you’ve been diagnosed with Fibromyalgia you may be entitled to Social Security Disability Benefits if your doctor has told you that you’re unable to work. Tampa Bay Fibromyalgia Social Security Disability Attorney Nancy Cavey can help you with the initial Social Security Disability Claims Application process. If you application has been denied it’s crucial that you file a request for hearing within sixty days of your denial or you will have to start all over! If you have questions about getting Social Security Disability benefits for Fibromyalgia in the Tampa Bay Area, you can schedule a free no obligation consultation by calling (727) 894-3188.

Lupus and Your Rights to Long Term Disability Benefits

lupus disability attorney

May is Lupus awareness month! In celebration of this event, Lupus Disability Attorney Nancy Cavey wants to call attention to how those with Lupus can get the Long Term Disability benefits they deserve.

lupus disability attorney

Understanding Lupus

It’s not easy to understand a disease that has varied symptoms. Long Term Disability carriers simply do not understand Lupus. Lupus is an autoimmune disease that causes inflammation and tissue damage to the body. It can cause a mild skin rash, achy joints, or affect organs inside your body. Lupus is unpredictable and can appear and disappear and even change.

Treatment of Lupus

Most people with Lupus are treated by a Rheumatologist, who specializes in diseases of the immune system, as well as joint and muscle complications. Rashes may require treatment by a dermatologist and depending on body system involvement, may involve specialists such as Nephrologist who specialize in kidney problems, a Cardiologist who specializes in heart problems, or Neurologist who specialize in problems that effect the brain and nervous system.

Getting The Long Term Disability Benefits You Deserve From Lupus

Many people with Lupus are able to continue to work but have to make changes in their work environment. However, as the disease progresses, you may have to stop working altogether.

It is important that your medical records document the progression of your symptoms. Many times Long Term Disability carriers will deny claims when you stop working because nothing changed in your medical history or medical records that document why you stopped working.

It is important that you get a copy of your medical records before you file your LTD claim to make sure that your medical records fully document your symptoms and how these symptoms limit your ability to work. More importantly, make sure your doctor fully supports your Long Term Disability Claim.

Before you stop working or file a claim for Long Term Disability Benefits, you should contact Lupus disability attorney Nancy Cavey who can guide you through the claims process. No matter where you live in the United States.

Don’t Make a Mistake in Your Disability Appeal That will Jeopardize Your Rights to Long Term Disability Benefits.

Irritable Bowel Syndrome and Your Rights to Long Term Disability Benefits

Irritable Bowel Syndrome long term disability

Long term disability carriers don’t make it easy for those who have Irritable Bowel Syndrome (IBS) to get the Long Term Disability Benefits they deserve.

Signs of Irritable Bowel Syndrome IBS are:Irritable Bowel Syndrome long term disability

1.) Abdominal pain,

2.) Bloating,

3.) Discomfort.

Other signs of IBS can include:

1.) Cramping in your abdomen,

2.) Diarrhea or constipation,

3.) Changes in how often you have bowel movements,

4.) Mucus in your stool.

Your colon has layers of muscles that tighten up and relax. That steady rhythm moves food and waste through your intestines. But, with IBS, the muscles in your colon do not contract like they should. Strong or weak contractions can cause cramping and bloating.

Your Rights to Long Term Disability benefits with Irritable Bowel Syndrome

The symptoms of pain, bloating, and discomfort can interfere with your ability to perform the essential duties of your occupation. It’s crucial those symptoms be developed in your medical records, if you want to be successful in your claim for Long Term Disability benefits.

Long Term Disability carriers do not always make it easy for IBS sufferers to get the disability benefits they deserve. Contact IBS Attorney Nancy Cavey, who can help you get the Long Term Disability benefits you deserve regardless of where you live in the United States. Call today for a complimentary consultation at 727-894-3188.

Celiac Disease and Your Rights to Long Term Disability Benefits.

celiac disease attorney disability

Celiac Disease is a permanent intolerance to wheat protein and related alcohol soluble proteins (prolamins) found in rye and barley.

celiac disease attorney disability

Celiac Disease can lead to an autoimmune disease, which can result in inflammation and malabsorption of critical vitamins, minerals and calories and eventually a long term disability.

Signs and Symptoms of Celiac Disease

These signs and symptoms can include:

1.) Diarrhea,

2.) Iron deficiency anemia,

3.) Lactose intolerance,

There are also “non classical” symptoms, like abdominal pain, The key to confirming the diagnosis is a small intestinal biopsy, and your response to a gluten free diet.

Because Celiac Disease is an autoimmune condition, you may have a long term disability permanent intestinal damage, unlike those who are simply allergic to wheat or gluten intolerance.

The long term disability benefits insurance company does not always make it easy for those with Celiac Disease to get Long Term Disability Benefits.

You can learn more about your rights to Long Term Disability if you have Celiac Disease by contacting Tampa Bay Celiac Disease Attorney Nancy Cavey who can help you get the Long Term Disability Benefits you deserve.

Osteoporosis and Your Right to Long Term Disability Benefits.

Osteoporosis disability lawyer

If you have purchased a Long Term Disability policy through your employer or on your own, you may be entitled to Long Term Disability Benefits, if your doctor has told you that you are unable to work as a result Osteoporosis disability lawyerof Osteoporosis.

How is Osteoporosis Diagnosed?

A Bone Density Test is the only test that can diagnose Osteoporosis before broken bones appear. It can also,

1.) Predict your chance of breaking bones in the future,

2.) See if your bone density is getting worse or staying the same,

Bone Density Tests

The National Osteoporosis Foundation recommends a Bone Density Test of the hip and spine using Central DXA machine Dual-Energy X-ray Absorptionetry, to diagnose Osteoporosis. Health care providers will measure bone density in hip and spine. People with Osteoporosis have a greater chance of fracturing those bones.

Broken bones in your hip or spine can cause serious problems which lead to an inability to work.

Completing the Social Security Disability Application can be a time consuming process. It’s important to explain your Osteoporosis symptoms and how the symptoms impact your functionality.

It’s also important that your doctors support your claim for Social Security Disability Benefits as a result of Osteoporosis. Ask your doctor if they’ll fill out a Residual Functional Capacity Form.

You can learn more about Osteoporosis and your right to Social Security Disability Benefits by contacting Osteoporosis Disability Attorney Nancy Cavey who can help you with your Social Security Disability Claim regardless of where you live in the Tampa Bay Area.

Physician Support for Your Long Term Disability Claims! Crucial!

If you have purchased a Long Term Disability policy through your employer or on your own, you may be entitled to Long Term Disability benefits if your physician has told you that you are unable to work.

Let’s be frank! A claim for disability benefits will never be approved without the support of your treating physician. Your doctor has to certify and document in your medical records you have restrictions and limitations that prevent you from working either in your occupation or any occupation.

Nancy Cavey, A Nation Wide Long Term Disability Attorney, thinks it’s crucial that you provide your doctor with an interval medical history of your symptoms and how those symptoms impact your function on a daily basis. Your doctor can properly document your medical records about your disabling condition with that crucial information.

Most doctors just don’t have the time to generate detailed medical records that documents the objective basis of your symptoms and how those symptoms impact your ability to function.

Most Long Term Disability carriers routinely deny a claim for Long Term Disability benefits based on insufficient support in your medical records. Worse yet, they’ll use Medical Disability Advisor, by Dr. Presley Reed, to determine just how long you should be disabled. (Not long!)

The Long Term Disability Claim system is rigged against unsuspecting disability policy holders.

Long Term Disability Attorney Nancy Cavey will review your medical records and work with you and your treating physician to obtain the right medical documentation to support your disability claim, she’ll help you get the benefits you and your family deserve.

You can learn more about the Long Term Disability claims application process and the games Long Term Disability carriers play with your medical records by contacting her today at (727)-894-3188 for a free no obligation consultation.

Continuing Disability Statements and Your Rights to Long Term Disability Benefits: The Introduction

You may have received a phone call or letter from your long term disability carrier advising that they want to take “a continuing disability statement”, they may even come to your house to attempt to take the statement which I strongly discourage. The introductory part of the continuing disability statement will include:

1. The agreement that the interview site is an agreeable location
2. Identify who is present and their relationship, if any, to you
3. The day’s date and time
4. Your acknowledgement that the interview is going to be recorded and your agreement to the same
5. Questions as to whether you are under the influence of any alcohol or drugs
6. Question about your prescription medication that would impair your ability to provide a statement
7. Any diagnoses of any mental or physical condition that would prevent you from understand or answering questions
8. Your agreement that you can provide a clear and coherent interview
9. Identification by you of the medical conditions that currently prevent you from working.

There are number of traps in this introduction but first and foremost is your agreement to give a statement at your home. The disability representative will be taking notes about what your yard looks like, what the interior of your house looks like, your ability to move in or around our house, greeting the representative, how you sit or move or about throughout the interview and what assistive devices you may be using.

Another trap involves your failure to record the interview. Interviews are a two way street and many times you keeping your own recording is way to keep the long term disability carrier “honest”.

If you are taking prescription medication, be prepared to identify any side effects that you are having as a side effect of those medications that will interfere with your ability to give a statement. For example, some medications can make you tired, dizzy, or cause slowed cognition, or slurred speech and your certainly don’t want to be giving a statement if you are under the influence of those medications.

Describing your medical condition can be a trap in that there might be multiple medical condition each of which individually cause you to be disabled, or when combined, cause you to be disabled. Many long term disability recipients simply don’t understand the combined impact of multiple medical conditions or multiple medications on their ability to work.

You should be thoroughly prepared, even for the introduction of a disability statement.

You can learn more by ordering long term disability ERISA attorney Nancy Cavey’s book The Smart Long Term Disability Consumer Guide for Preparing for Your Statement and Field Visit.

Amending the Social Security Disability On Set Date

social security disability on set date

When you apply for Social Security Disability benefits, one of the most important dates is what is called the on set date.

Generally, the correct on set date is based on medical facts. That means if you were involved in an accident, the date of the accident might be the date of the on set if you were disabled and unable to work as of that date. On the other hand, the on set date might be the date that your doctor told you that you social security disability on set datewere unable to work.

Sometimes, the Administrative Law Judge will offer a “deal” at a Social Security Disability hearing, offering a favorable decision if you amend to a later on set date. There are some consequences that you should be aware of. They include:

1. Other entitlement impact. It’s important that you make sure that the stipulation for a later on set date doesn’t harm your position in any claim that you might have for long term disability benefits, union disability benefits, or even workers’ compensation benefits. Changing the date of on set can have an adverse impact on any one of those claims.

2. Workers compensation reduction. Workers’ compensation offsets are calculated based on your earnings and typically, use the highest years earnings out of five when reducing your workers’ compensation benefits. The delay of onset can move the best year of earnings beyond the reach of the workers’ compensation offset calculation, which means that the workers’ compensation offset may be higher.

3. PIA Impact. You get retroactive Social Security Disability benefits paid for a maximum of 12 months where the offset is fixed at least 17 months prior to the application date, 12 months plus the 5 month waiting period.

A delayed on set stipulation can reduce the size of your retroactive benefits and leave less money to you in back benefits.

4. Cobra impact. Qualified employees can keep their group health coverage beyond the usual 18 months to bridge the gap to the start of Medicare. If a) disability onset established by SSA as of the date that is no later than 60 days after the Cobra qualifying event (the end of your employment); and b) the Social Security determination is presented to the plan at the end of the original 18 month Cobra.

This Cobra extension can be for an additional 11 months and changing the on set date for a period beyond the end of your original 18 month Cobra period can result in you losing your Cobra extension.

Need Help With Your Social Security Disability On Set Date Information ?

Amending the on set date can have some adverse consequences that you need to keep in mind. If you have any questions about your Social Security disability on set date, give us a call. We are here to help.

Parkinson’s and the Social Security Disability Grids

parkinsons social security disability

The Social Security Administration uses at five step process to determine whether or not a Parkinson’s disease patient qualifies for Social Security Disability benefits. At Step 4 of the 5 Step Sequential Evaluation, the Social Security Administration will determine whether you have the ability to perform work that you have done in the past despite your Parkinson’s disease. If the Social Security Administration finds that you can do you past work then your benefits are denied. However, if you can’t do your past relevant work then the parkinsons social security disabilitySocial Security Administration will proceed to the fifth and final step.

At Step 5, the Social Security Administration will review your age, education, work experience and physical and mental condition to determine what other work, if any, you can perform.

At Step 5, the Social Security Administration will use something called the medical vocational rules or the grids, which vary according to age.

So, your age is crucial during the application of the grid.

- Under Age 50: You have to be unable to perform the sedentary work that requires you to lift a maximum of 10lbs at a time, sit 6 hours and occasionally walk and stand 2 hours per day.
- Age 50 or older: You are limited to performing sedentary work but have no work related skills that would allow you to do so.
- Age 55 or older: Ability to perform light work, has no work related skills that would allow you to do so.
- Over Age 60: Unable to perform any of the jobs that you performed in the last 50 years.

Of course, regardless of our age, if you have a psychological impairment that prevents even simple unskilled work, the Social Security Administration will determine that your are disabled as a result of Parkinson’s disease.

What Happens After your ERISA Lawsuit has been Filed?

erisa lawsuit

You purchased a long term disability policy to provide you with peace of mind. But, when you least can afford it, your disability carrier has denied your benefits and has rejected your appeal.

Your next and only recourse is to hire a long term disability attorney to sue your long term disability carrier. Your attorney will file what is called a complaint which outlines the facts of your case and why you are entitled to benefits. There generally is no activity for 60 to 90 days after a claim is filed. Why? The complaint is filed and then served on a defendant who, in turn, has to “answer” the complaint within 20 erisa lawsuitdays after the lawsuit is filed.

There “answer” is nothing more than the formal denial of the allegations of the complaint.

After the answer is filed, the court will issue a scheduling conference order directing the attorneys to confer about the scheduling of events in your case including, taking depositions, disclosing experts, filing motions, mediation, pretrial and trial.

The scheduling conference takes place about two to three months after the law suit is filed and establishes a time table for the parties to complete the discovery, conduct mediation and have a trial date.

Each court has there own local rules. These dates might vary depending on where you live. In any event, it may seem that nothing is happening until the scheduling conference. And, quite frankly, that’s incorrect. Many ERISA long term disability attorneys are drafting what’s called interrogatories and requests to produce which they can file as soon as the scheduling conference order is issued.

Need Help With Your ERISA Lawsuit?

You can learn more about the ERISA mediation process by contacting ERISA disability attorney Nancy Cavey who can help you with your claim regardless of where you live in the United States.