Category Archives: Long Term Disability ERISA and Private Disability Insurance Claims - Page 3

You May be Entitled to Long Term Disability Benefits for Osteoarthritis

If you have purchased an individual long term disability policy or group disability policy and you have been diagnosed with osteoarthritis, you may be entitled to long term disability benefits if your condition is so severe that if prevents you from working.

Osteoarthritis is a chronic joint disease of the hands, knees, hips and spine. It primarily effects adults age Osteoarthritis Long Term disability 55 years or older and is caused by a breakdown of cartilage in your joints.

While physical therapy and medication can help control the pain, joint replacement surgery may be necessary when the joints in your hands, hips, or knees are damaged and not functional.

When applying for long term disability benefits, it’s important that the severity of your condition be documented in your medical records. Arthritis long term disability attorney Nancy Cavey suggests that you clearly explain to the doctor at every point the limitations imposed by your arthritis. Don’t forget to explain your pain, stiffness, swelling, fatigue and any emotional issues you have like anxiety or depression.

Your medical records will be reviewed by a long term disability carrier to determine whether or not there is objective evidence of your disability. It is crucial that you provide updated and comprehensive information about your symptoms and functionality to your doctor at every visit.

Unfortunately, long term disability carriers don’t always make it easy to for those with osteoarthritis to collect the long term disability benefits that they deserve. If your claim for long term disability benefits as a result of osteoarthritis has been denied contact disability attorney Nancy Cavey who can help you with your claim no matter where you live in the United States. Call her today at 727.894.3188 for a free disability eligibility evaluation.

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What Does it Take to Collect Your Long Term Disability Benefits?

Long term disability attorney Nancy Cavey knows that disability carriers are notorious for delaying, denying and challenging your right to disability benefits. It takes persistence, experience and team work to get your long term disability benefits.

From the moment that you file your disability claim, your carrier is looking for a reason to deny your Collecting Long Term Disability Benefits disability benefits. One of the strategies that they employ is to use a disability guideline from a predetermined statistical duration after which you should be able to “return to work”. One of the leading guides long term disability carriers use is giving statistical guidelines.

Long term disability attorney Nancy Cavey knows that this is a common disability insurance company tactic and has first hand knowledge of the internal claims handling process of every major disability insurance company in the United States.

This knowledge allows her to identify any potential weaknesses in your disability claim and help you obtain the evidence necessary to show your ongoing entitlement to long term disability benefits.

Building your claim will require support by your physician to document that you have an objective basis for the diagnosis, and objective restrictions and limitations that prevent you from working in your occupation or any occupation.

It is essential that a trained physician document your medical records.

Medical records will not only reflect the actual problems that you have, but adequately explain your symptoms. So, if for example, you have arthritis, you should explain to the doctor at every appointment the limitations you have as a result of arthritis including your symptoms such as pain, stiffness, swelling and fatigue. You may even have emotional issues like anxiety or depression or difficulty sleeping which causes fatigue.

Your medical records should reflect the actual problems that you have as a result of your arthritis and the physical problems that you have. This should be done at every visit and ensure that your doctor properly documents your medical records with your disabling conditions.

Most doctors don’t have the time to generate detailed medical records and insurance companies will cherry pick your records for reasons to deny your claim based on insufficient support in your medical records.

That’s why long term disability attorney Nancy Cavey thinks that it is important that you give your doctor a detailed history that he can place in your chart. Additionally, she can review your records and work with you and your treating physician to make sure that that there is appropriate medical documentation to support your claim.

Don’t go it alone, contact long term disability attorney Nancy Cavey for assistance with your disability application.

Long term disability carriers don’t make it easy to get the long term disability benefits that you paid for. If your long term disability claim has been delayed or denied, Nancy Cavey can help you regardless of where you live in the United States.

Call her today and schedule a complimentary 30 minute long term disability evaluation to determine your rights to long term disability benefits under your policy.

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Prudential Disability Insurance Program Begins a Return to Work Service

One of the many disability carriers in the United States is Prudential Group Insurance which has created a Return to Work Service for employers to assist them with Short Term Disability claims.

This program provides employers with assistance in developing a Return to Work Program for employees who are disabled.

Disability insurance claim denied attorney Nancy Cavey applauds Prudential’s efforts to begin a Return to Work program to help those who are disabled return to work with assistance in helping employers and disabled employees to return to work in a modified capacity and transitional role.

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What is the 11th Circuit’s Standard of Review?

Did you know that when an ERISA law suit is filed, the court employs a state methods overview. These include:

1. A denovo review if the plan doesn’t grant the Administrator discretion to make the determination;
2. Arbitrary and capricious where the plan grants the Administrator discretion;

3. Heightened arbitrary and capricious where the plan grants Administrator discretion and the Administrator has a conflict of interest.

The 11th Circuit has it’s own six step framework to guide courts in evaluating the plan administrator’s decision and ERISA action. The 11th Circuit test is found in Blankenship vs. Metro Life Insurance Company 644f3d1350 (11th Circuit, circ denied, 132 S. Court 849 (2001)):

(1) “applied the denovo standard to determine whether the claim’s administrators benefits denial decision is wrong” (i.e. the Court disagrees with the Administrators decision); if it is not, it ends the inquiry and affirm the decision)

(2) if the Administrators decision in fact was “denovo wrong”, then determine whether he was vested with discretion in reviewing claims; if not end the judicial inquiry and end the decision

(3) the Administrator’s decision is “de novo wrong” and he was vested with discretion in reviewing claims, then determine whether “reasonable” grounds supported it (hence review his decisions under the more deferential arbitrary and capricious standards)

(4) If no reasonable ground existed then end the inquiry and reserve the Administrators decision; if reasonable grounds do exist then determine if he operated under a conflict of interest

(5) if there is no conflict then end the inquiry and affirm the decision

(6) if there is a conflict, the conflict should merely be a factor for the court to take in account whether determining whether an administrators decision was arbitrary and capricious.

It’s as complex as it sounds! If you live in Florida and your long term disability claim has been denied you have only 180 days in which to perfect an appeal. Filing that appeal can make the difference between getting your benefits and having to file lawsuit and going through the 11th Circuit standard of review.

To learn more about your rights to long term disability benefits, contact long term disability benefits denial attorney Nancy Cavey for a complimentary consultation.

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Does Your Long Term Disability Denial List Alternative Jobs that You Allegedly Can Perform?

You purchased your long term disability policy to provide you benefits when you are unable to work. Unfortunately, many long term disability carriers don’t make it easy for those who are disabled to get the benefits that they deserve.

One of the favorite ways that long term disability carriers will deny claims is to list alternative jobs that you can reportedly do despite your restrictions and limitation. Unfortunately, many long term disability carriers fail to actually consider what the material duties of the hypothetical jobs are. So, for example, if the hypothetical job requires you to interact with customers or fellow employees and you have significant hearing loss, that denial doesn’t make any sense!

Don’t let a long term disability carrier wrongfully deny your benefits by listing alternative jobs that you reportedly could perform.

If your long term disability claim has wrongfully been denied because of a list of alternative jobs that the long term disability carrier magically thinks that you are able to perform contact long term disability denied attorney Nancy Cavey who can help you get the benefits that you deserve regardless of where you live in the United States.

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Give Me One Minute and I’ll Explain How Long Term Disability Carriers like Northwestern Mutual Make Money with Your Long Term Disability Premiums

Northwestern Mutual has continued it’s strong growth as a commercial state investor and lender by participating in major transactions in both east and west coast. In fact, Northwestern Mutual recently sold the Seattle Towers for a substantial amount of money. By purchasing Class A properties and projects, Northwestern Mutual has increased its portfolio to over $30.2 billion.

Long term disability carriers like Northwestern Mutual use your premium dollars to invest in real estate transactions- and you thought they were just using your premium to pay disability benefits.

You can learn more about your rights to long term disability benefits and things that you do not want to see in your long term disability policy by ordering a copy of Robbed of Your Peace of Mind. You can get your order of the book free or charge by calling 727-894-3188 or visiting this page.

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Heart Health and a Fiber Rich Diet

Did you know that heart disease can be a life threatening condition? According to the Science Blog, young and middle age adults who consume a fiber rich diet can significantly lower their risk of heart disease. Adults between the Fiber Rich Heart Disease ages of 50-59 who made fiber a regular part of their diet were found to have a lowered lifetime risk of heart disease in comparison to those who have a low fiber diet. The lifetime reduction in the risk for heart disease is an important finding.

Because heart disease is so wide spread in the United States, your physician may have told you that you are unable to work. Long term disability benefits might be available to you if you have purchased a disability plan from a private insurer or have coverage through and employer. Unfortunately, long term disability carriers don’t make it easy for those disabled because of cardiac disease to get the benefits that they deserve. If you want to learn more about your eligibility for long term disability benefits as a result of a cardiac disease, contact Nancy Cavey. If you have been denied your long term disability benefits because of cardiac disease, Nancy Cavey can help you cut through the red tape and fight for your disability benefits no matter where you live in the United States.

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Eating Your Wheaties Can Reduce Your Risk of Hypertension

Has your doctor diagnosed you with a cardiovascular condition and told you that you are unable to work? If you purchased a disability plan from a private insurer or have coverage through an employer, you may be entitled to hyptertension disability claims long term disability benefits to help off set your lost income.

Did you know that CNN health reports that eating whole grain cereals can reduce a person’s risk of developing hypertension? According to the American Health Association, an individuals risk of developing hypertension (high blood pressure) can be reduced as much as 20% by eating whole grain cereals.

The whole grain cereal has greater benefits than cereals made with refined grains because important nutrients are removed in the manufacturing process.

There are factors that can lead to hypertension or worsen that condition including: stress; too much salt; obesity; and a sedentary life style.

Unfortunately, long term disability carriers don’t make it easy for those disabled as a result of hypertension or cardiovascular conditions to get the benefits that they deserve. If you have a medical condition that makes it impossible for you to work and you have been denied your long term disability benefits, long term disability attorney Nancy Cavey can help you cut through the red tape and fight for your benefits no matter where you live in the United States 727.894.3188.

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