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    Robbed of Your Peace of Mind? Your Guide to Long Term Disability Benefits

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    The Smart Long Term Disability Guide For Preparing Your Statement and Field Visit

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    Your Rights To Social Security Disability Benefits - Your Guide to Getting Benefits Now

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Category Archives: Long Term Disability ERISA and Private Disability Insurance Claims - Page 2

How Your Doctor Can Help You Win Your Long Term Disability Claim

Doctor Long Term Disability Claim

The long term disability carrier will send your doctor a physician disability form to complete which asks questions about your physical restrictions and limitations. Unfortunately, there is no routine form and many of the forms are designed so that your physician will ultimately opine that you’re capable of sedentary work. Why? The long term disability carrier wants to deny your claim.

Doctor Long Term Disability Claim

If the form that your doctor has been sent by the long term disability carrier simply doesn’t address all of your restrictions and limitations, have your doctor document on the form what, in fact, your restrictions and limitations are as a result of your medical condition.

The Definition of Disability

Before you have your physician complete the form, get out your policy and look at the definition of disability. Many times the definition of disability includes an inability to do the “material and substantial duties of your own occupation as performed in the national economy.” You will want to get a description of your occupational duties and provide that to your physician outlining for them the material and substantial duties of your occupation. You want to make sure that your doctor understands the standard of disability before completing the RFC forms.

Getting The Help You Need for Long Term Disability

Using a combination of exertional and non-exertional impairments can be crucial to winning your long term disability claim. You should contact an experienced long term disability attorney, such as Nancy Cavey to help develop the exertional and non-exertional impairments that can help win your claim.

It is crucial that you and your physician understand the standard of disability and the proof needed to get the benefits you need. Contact long term disability attorney, Nancy Cavey, who can help you get the benefits you need regardless of where you live in the United States. She has written to go to guide for Long Term Disability – Get it Here!

What Happens After Your ERISA Law Suit has been Filed?

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 higher 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 days 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.

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.

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

traps for disability statement

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.

traps for disability statement

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.

Make Your Medical Records Work for You and Your Claim for Long Term Disability Benefits

medical records long term disability

When you apply for short or long term disability benefits, carriers will obtain your medical records and have your physician complete what’s called an Attending Physician’s Statement Form.

medical records long term disability

Make Your Medical Records Work for You

Those medical records and what your physician has to say about your restrictions and limitations can make or break your disability claim.

It’s crucial that your doctor document, with your assistance, your physical or psychiatric complaints, how those complaints impact on your ability to function and establish an objective basis for your doctor’s opinions about your restrictions and limitations.

Many times, disability carriers will deny disability claims on the basis that there is insufficient medical support in the medical records and that you are capable of working in either your occupation or any occupation.

What You Should do Before You File a Disability Claim

Before you apply for disability benefits, get a copy of your medical records and review them. Ask yourself whether there is an objective basis for your diagnosis, an objective basis for your restrictions and limitations, and a causal relationship between your inability to do your own occupation or any occupation and the medical evidence in your medical records.

If there isn’t, you need the assistance of disability attorney, Nancy Cavey, who can review your medical records and work with you and your physician to document the medical basis for your disability.

Disability attorney Nancy Cavey can assist you in your initial disability application regardless of where you live in the United States. Contact her today at 727.894.3188 for a complimentary 30 minute consultation. Don’t delay!

Approved Today, Denied Tomorrow Games Long Term Disability Carriers Play!

Long term disability carriers aren’t in the business of paying benefits! There real business is collecting premiums and investing.

The Transition in the Definition of Disability

An approval of your disability claim today doesn’t mean that they are going to continue to make payment of the benefits tomorrow.

It’s not uncommon for carriers to review files closely in the transition from short to long term disability, from long term disability, own occupation benefits, to long term disability, any occupation benefits, and after an award of Social Security Disability benefits.

Games Disability Insurance Carriers Play

Disability carriers will routinely ask you to fill out activity of daily living forms and harass your doctor with requests for Attending Physician’s Statement Forms to be completed.

Worse yet, if the long term disability carrier doesn’t like that your doctor says you are unable to work, they will pester your doctor asking for clarifications on restrictions and limitations until your doctor has finally had enough or, in conversation of the long term disability carrier, can see that you produce some form of sedentary employment.

You and your doctor need protection from the games the long term disability carriers routinely play in wrongfully delaying and denying benefits.

If you have purchased a long term disability policy through your employer as an individual, you should be prepared for the games that carriers play when you become disabled.

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.