Attorney Blog

Find Out How Much You Will Recieve for Monthly Social Security Disability

jessgut12@gmail.com (Blog Author)28072 — Thu, 11 Mar 2010 08:00:00 EST

How Do I Know How Much I Get For My Monthly Social Security Disability?

If you are wondering how much you will get for your monthly Social Security Disability payments, former Social Security Administration staff attorney, Sharon Barrett, of Tampa Bay’s Cavey and Barrett, suggests that you can calculate the amount of the Social Security Disability benefit you should receive by looking at the following disability calculator: http://www.ssa.gov/planner/calculator.htm on the Social Security Administration website.

If you have other questions about Social Security Disability, do not hesitate to contact Cavey and Barrett today to help answer these questions and help you with the claims process. Simply fill out the short form to your right and we will contact you right away.

How to Answer the Question "Why You Can't Work?" | Social Security Disability

jessgut12@gmail.com (Blog Author)28061 — Thu, 11 Mar 2010 08:00:00 EST

During the course of your Social Security Disability claim you are going to be asked a very crucial question: “Why Can’t You Work?”

Why can’t you work eight hours a day, five days a week at a simple job? Most people don’t understand why that question is being asked because they think it is obvious why they can’t work. As a result, they give the “wrong” answer.

The Social Security Disability stage process as we discussed in earlier posts explains that you must establish a steps four and five that you can’t do the lightest job you have help in the last fifteen years and, at step five, there isn’t a job that you could do in the mythical national economy based on your age, education and transferable skills.

If you don’t understand what the administrative law judge is looking for in terms of proof you can give the wrong answer to the question “why you can’t work?”

You need to able to explain your physical or psychological problems that prevent you from bending, stooping, lifting and standing and working with others. Some of the answers administrative law judges shouldn’t here from you are:

1. I’d work but I can’t find a job.

This is not an unemployment case, it’s the Social Security Disability case. Your inability to find a job has nothing to do with the physical or psychological reasons why you can’t get a job.

By saying you can’t get a job you also are implying to the administrative law judge that, in fact, you can work, but you simply can’t find a job because of the economic conditions and not your physical condition.

2. My unemployment insurance ran out.

Duh? What does unemployment have to do with Social Security? Don’t look like you are daring the system.

3. I have no way to get to work.

Who cares? The Social Security Administration doesn’t care if you have to walk, ride, bike or a ride a bus or catch a ride with a friend. The issue is why you have physical difficulty riding in a car, including problems of bending, sitting and the need to change positions. It is also important to discuss the physical problems you have around your house that would be comparable to work activities, like bending over to put dishes in the dish washer or bending over put clothes in the washer and dryer. If you have difficulties doing those things, you certainly will have difficulty doing repeated bending in the work setting.

4. My employer went out of business because of the economy.

Again, who cares? The issue of whether or not there is a job available for you is irrelevant; the real question is whether or not you can perform the job.

At Cavey and Barrett, experience as a former Social Security Administration attorney, Sharon Barrett, will help you understand what you need to prove to win your Social Security Disability case and make sure that you answer the question “why you can’t work?” honestly and accurately. Contact us today for help with your Social Security Disability claim.

What is Work Experience in Your Social Security Disability Claim?

jessgut12@gmail.com (Blog Author)27933 — Tue, 09 Mar 2010 08:00:00 EST

What: Work Experience in Your Social Security Disability Claim

The Social Security Administration classifies work as unskilled, semi-skilled and skilled work. This is important at hurtle 5 of the sequential evaluation process when the Social Security Administration is trying to determine whether or not you have work skills from your jobs that are transferable to other employment.

It is important that you accurately set forth the nature of the skills that you learned in each of your jobs. An unskilled work is work that can be learned in thirty days or less. Every other job is considered to be semi-skilled or skilled.

If you would like to talk more about your work experience and what you can do, contact a Social Security Disability lawyer from Cavey & Barrett today.

LTD Disability Claim Denials Based on the Lack of Clear Clinical Information!

jessgut12@gmail.com (Blog Author)27701 — Thu, 04 Mar 2010 08:00:00 EST

What: Claims Denied | Long Term Disability
Why: Lack of Clear Information

Unfortunately, Nancy Cavey sees many Long Term Disability claims denied based on the medical opinions of hired guns who will make statements like, “the file lacks of clear, sequential, detailed, objective clinical information, which will completely preclude the claimant for an attempt at a return to work.”

In a recent case of Saffron v. Wells Fargo & Co. Long Term Disability Plan, 2009 US District Lexis 84152, 12-14 (CD. Cal. September 15, 2009), MetLife was scolded for relying on the medical opinions of Dr. Thomas and Dr. Menadi who strung together, “a long series of unconnected adjectives.”

The court pointed out that Saffron, the claimant, had no clue as to how a “absence of sequential information could preclude him from returning to work, or function at work” or why the claimant’s treating physician and MRI report did not amount to “objective clinical information” or what was not clear about these reports and supposedly “being left to the imagination.”

If you see such gobblygook in your claims denial letter you need the assistance of an experienced Long Term Disability ERISA attorney like Nancy Cavey.

MetLife was heavily criticized in Saffron; their letter terminating Ms. Saffron’s was not “meaningful communication,” because it didn’t explain why the information she had already provided was insufficient to support her continuing claim for benefits. Don’t play games with words, contact Florida disability attorney Nancy Cavey.

Medical Vocational Guidelines and Transferable Skills | Social Security Disability Claims

jessgut12@gmail.com (Blog Author)27693 — Thu, 04 Mar 2010 08:00:00 EST

What: Medical Vocational Guidelines

The Social Security Administration uses a grid process to determine whether or not your skills transfer to a job within your physical abilities that exist in significant numbers in the mythical national economy.

For example if you are 50 years or older and are limited to sedentary work you will win or lose your Social Security Disability case based on whether or not you have transferable skills to sedentary.

On the other hand, if you are 55 years or older then the rule extends to light work. You will win or lose your case if you are 55 years or older based on whether or not you have skills that transfer to a significant range of semi skilled or skilled light work.

If you’ve only done unskilled work in the past, you have no transferable skills.

Therefore, transferability only becomes an issue if your work history involved semi-skilled or skilled work.

The older you are the less likely it is that you have skills that are not transferable for a significant range of work in a mythical economy.

Sounds confusing? It sure is but at Cavey & Barrett, we can help you in this confusing manner.

A former Social Security Administration attorney, Sharon Barrett, who practices in the Tampa/St. Petersburg area, can make sense of a transferable skills issue and develop the necessary medical and vocational evidence to improve your chances of receiving Social Security Disability benefits. Contact Us Today for help with your Social Security Disability claim.

Spinal Cord Injury? Your Rights to Social Security Disability Benefits

jessgut12@gmail.com (Blog Author)27565 — Tue, 02 Mar 2010 08:00:00 EST

Unfortunately, spinal injuries can occur as a result of auto accidents, truck accidents, motorcycle accidents, falls from scaffolding or even diving injuries into swimming pools. A spinal cord injury normally starts with a traumatic blow to the spine that fractures or dislocates your spinal vertebrae. Bone fragments, dismaterial, or ligaments bruise and tear into the spinal cord tissue. This can crush and destroy the nerve cells that carry cells up and down the spinal cord between the brain and the rest the body. Emergency care for people with spinal cord injuries is crucial to prevent extensive damage to the nervous system.

Spinal cord injuries are classified as either complete or incomplete. An incomplete injury means that the spinal cord can still convey messages to or from the brain with some motor and sensory function below the area of the injury. The complete injury is unfortunately just that there is no sensory or motor function below the level of the injury.

People who survive a spinal cord injury have medical complications including pain, bladder dysfunction, heart and respiratory problems.

At Cavey and Barrett, we represent people who have sustained spinal cord injuries and assist them in receiving the Social Security Disability benefits that they deserve. A crucial part of Social Security benefits include the right to Medicare, which provides assistance with your recovery. If you or a family member have sustained a spinal cord injury they may be entitled to Social Security Disability benefits. For a free, no obligation, consultation call 727-894-3188, attorney Sharon Barrett who serves the greater Tampa Bay area.

Workers Compensation Benefits and LTD Benefits | What You Need to Know

jessgut12@gmail.com (Blog Author)27558 — Tue, 02 Mar 2010 08:00:00 EST

If you have been involved in a Workers Compensation claim, you may also be entitled to Long Term Disability benefits if you purchased this policy through your employer.

There is an opportunity to apply for additional compensation benefits.

If you have been involved in a work place accident, Nancy Cavey, experienced Long Term Disability attorney, suggests that you get a copy of your Short Term and Long Term Disability policy. It is crucial to integrate the claims for Short Term Disability and your Workers Compensation benefits. More often than not, employers are self insured for Short Term Disability benefits and it is important that you claim those benefits timely and appeal any denial. If you don’t, then you may not be eligible for Long Term Disability benefits. The interaction of short term, long term and Workers Compensation benefits can be confusing, it is important that you protect your benefits by consulting with a experienced Workers Compensation and disability insurance attorney such as Nancy Cavey, who has practiced Workers’ Compensation law and disability law in Tampa for over 25 years.

Medicare Eligibility and Your Social Security Disability Benefits

jessgut12@gmail.com (Blog Author)27302 — Thu, 25 Feb 2010 08:00:00 EST

Did You Know Medicare Eligibility is One of the Most Important Benefits in Receiving Social Security Disability?

You become eligible for Medicare coverage 24 months after the Social Security Administration finds that you are entitled to monthly Social Security Disability benefits. It doesn’t matter how old you are! Medicare is a federally funded health insurance program for people age 65 and older as well as those with disability. As a Social Security Disability beneficiary you become automatically eligible for Medicare after a 24 month waiting period.

The longer you delay in applying for Social Security Disability benefits, the longer you may go without health insurance coverage.

If you have any questions about your rights to Social Security Disability benefits, contact Sharon Barrett, Tampa Bay Social Security Disability claim’s attorney at 727-894-3188 or by using the contact form on the right side of this page.

Long Term Disability Carriers Misrepresent Policies | ERISA Attorney in Tampa

jessgut12@gmail.com (Blog Author)27299 — Thu, 25 Feb 2010 08:00:00 EST

Sometimes Long Term Disability carriers will normally misrepresent to the policyholders that their insurance policy is subject to the ERISA law. Why do they do that? Because under ERISA there are no remedies under state law, including punitive damages for showing bad faith claims handling. Under state law there is no right to a jury trial.

Long Term Disability carriers want to hoodwink you into thinking that your Long Term Disability policy is an ERISA policy to limit your rights.

Some Long Term Disability carriers own manuals will admit that such a misrepresentation is misleading. Long Term Disability carriers are obligated to their best to make sure that they that first determine whether or not your claim is governed by an ERISA policy. How do they do that? Sometimes, they’ll put ERISA’s specific language around a non-ERISA claim misleading you and making you go through the appeals review process when you truly don’t have to.

If you’ve been denied Long Term Disability benefits, consult with Long Term Disability ERISA denied benefit attorney Nancy Cavey by filling out the form on the right side who will determine whether or not your policy, is in fact, subject to the Employee Retirement Income Security act of 1974, otherwise known as ERISA. Contact a ERISA Attorney in Tampa.

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

jessgut12@gmail.com (Blog Author)26556 — Thu, 11 Feb 2010 08:00:00 EST

What: Doctors and Your Long Term Disability Claim

Unfortunately, some treating physicians are uncooperative and don't want to get involved in Long Term Disability claims. Because they choose not to get involved, Long Term Disability carriers, like UNUM, will interpret the doctor's failure to get involved to mean that you have no restrictions and limitation and are not entitled to Long Term Disability benefits. Even if your doctor states that he only treats you and hasn't evaluated your restrictions and limitations, the carrier will misconstrue that comment.

If your treating doctor is unwilling to help you with your Long Term Disability claim you, unfortunately, have a difficult decision to make. You may have to change doctors and find one that would be willing to deal with all the paperwork that the Long Term Disability Insurance company provides.

If you need assistance with your Long Term Disability claim or guidance on how to proceed contact Long Term Disability ERISA claim attorney Nancy Cavey who can help you develop the necessary medical and vocational evidence to support your claim.

Patty Duke Says File Your Social Security Disability Claim Online! | Social Security Disability Attorney

jessgut12@gmail.com (Blog Author)26554 — Thu, 11 Feb 2010 08:00:00 EST

How many of you remember Patty Duke in the 1960's TV series "The Patty Duke Show"? In an interesting new ad for the Social Security Administration, Patty Duke promoted using the Social Security Administrations online services. You can apply for Social Security Disability benefits online; there is no need for you to drive to the local Social Security office or wait to get an appointment.

You can apply for Social Security Disability benefits online at www.ssa.gov.

If you have questions about the Social Security Disability claims process contact Social Security Disability attorney Sharon Barrett based in the Tampa Bay area.

Finding a Social Security Disability Attorney for Your Sleep Disorder

jessgut12@gmail.com (Blog Author)26458 — Tue, 09 Feb 2010 08:00:00 EST

Do you have any of the following sleep disorders?

1. Problem staying awake
2. Sleep disruptive behaviors
3. Problems with falling or staying asleep
4. Problems with staying on a regular sleep schedule

Then the Social Security Disability benefits can be obtained for sleeping disorders that interfere with your ability to function in a work setting. If you or a family member has a sleep disorder and are wondering whether you are entitled to Social Security Disability benefits, contact Sharon Barrett, your Pasco/Hernando County Social Security Disability attorney.

FAQ: How To Evaluate Your Medicare Plan while on Social Security Disability Benefits

jessgut12@gmail.com (Blog Author)26034 — Tue, 02 Feb 2010 08:00:00 EST

What: FAQ's About Medicare and Social Security Disability Benefits

Once you’ve won your Social Security Disability claim, you’ve become entitled to Medicare 24 months after your money entitlement begins. There are over 45 million people on Medicare but, unfortunately, many people pay for a plan that doesn’t meet their needs.

In this series of Frequently Asked Questions, Clearwater Social Security Disability Attorney, Sharon Barrett, will provide you guidance to understand the wide variety of choices available to you as a Medicare recipient.

Note that Medicare annual enrollment starts November 15 and ends the 30th, so you have the opportunity to evaluate whether or not you have the right Medicare plan.

See FAQ 1: Does Medicare Cover Prescription Drugs?

Chapter 440 First Responder Workers Compensation Benefits Rights

jessgut12@gmail.com (Blog Author)25820 — Thu, 28 Jan 2010 08:00:00 EST

Chapter 440 has a section that deals with the authorization of medical care found in section 440.13.

At various times Chapter 440 has required an employer/carrier to offer First Responders a list of least three physicians from which to select when there has been a request for a one time change of physician. This statute is honored by a number of changes and, currently, the statute does not require that the employer offer a choice of providers.

Once the Employer/Carrier offers an appointment with a physician you have the obligation to accept care and treatment from an authorized physician before you can ask for a change.

Authorizing an appointment doesn’t mean that appointment actually be scheduled. It simply means the appointment be timely authorized. Dorsch v. Hunt, 33rd Florida Law Weekly d1501(July 24, 2009).

If you are a first responder who is having problems with the authorization of physician or change of physicians issues in your First Responder claim contact Florida First Responder Attorney, Nancy Cavey.

President Obama | H1N1 Virus and Long Term Disability Claims

jessgut12@gmail.com (Blog Author)25688 — Tue, 26 Jan 2010 08:00:00 EST

President Obama has declared the swine flu a national emergency. Federal agencies have recommended that businesses be flexible and let sick workers with the swine flu stay home. Unfortunately, there are some individuals who have become severely ill with swine flu and have been hospitalized and even died.

If you or a loved one is suffering from swine flu and have a short or long term disability policy, be sure that you apply for your benefits immediately. If your short term disability benefits are denied, contact swine flu denied claim disability attorney Nancy Cavey who can assist you with your claim.

HIV and Social Security Disability Benefits | Immune System Disorder

caveywebmail@tampabay.rr.com (Blog Author)25422 — Thu, 21 Jan 2010 08:00:00 EST

The Social Security Administration has had a difficult time addressing the criteria for Immune System Disorders such as HIV infection, Auto Immune Disorders, Systematic Lupus, Erythematosus (SLE) Sclerodrma, Connective Tissue Disease, Polymyositis, Dermotomyositis, Inflamatory Arthritis and Sjogren’s Syndrome.

On June 16, 2008 the Social Security Administration enacted changes to the Immune System Disorder listing which are effective and applied to any case pending on or after that date.

This will be effective for eight years and will then be reevaluated.

If you suffer from an Immune System Disorder listing, you should check out the immune system disorder rule: www.gpoaccess.gov/fr/index.html

The Social Security Administration does consider repeated manifestations with functional limitations, the impact of treatment and the response to that treatment and considers functional limitations.

If you are a Social Security Disability applicant who suffers from HIV infection, Auto Immune Disorders, Systematic Lupus, Erythematosus (SLE) Sclerodrma, Connective Tissue Disease, Polymyositis, Dermotomyositis, Inflamatory Arthritis and Sjogren’s Syndrome, contact Sarasota, Bradenton, St. Petersburg Social Security Disability benefits denied lawyer Sharon Barrett, for a free no obligation consultation.

Chances of Winning Disability Benefits Reduced Without an Attorney?

caveywebmail@tampabay.rr.com (Blog Author)25409 — Thu, 21 Jan 2010 08:00:00 EST

Can an unrepresented disability claimant win their case? Well, good luck. Most claimants don’t know anything about the 5 Step Sequential Evaluation which we’ve outlined in this website .

A disability attorney such as St. Petersburg | Tampa Social Security Disability attorney, Sharon Barrett, will obtain your medical records, review them and develop any medical evidence necessary to establish that you have restrictions and limitations that prevent you from returning to your former occupation.

Further, she will develop the evidence to show that there is not a job that exists in the national economy based on your age, education and transferable skills.

Most unrepresented claimants think that they will eligible for Social Security Disability benefits because they can’t find work or no one will hire them. That isn’t the standard that you have to meet to be entitled to Social Security Disability benefits.

Unrepresented claimants have little chance to win at a hearing simply because they do not understand what they have to prove to prevail.

Sharon Barrett has written the go to guide for Social Security Disability claimants "Your Rights to Social Security Disability Benefits."

She assists Social Security Disability claimants throughout the Hillsborough, Pinellas, Pasco areas and offers a free no obligation consultation. Contact us today!

Using Non Attorney Representative Groups | TV Ads Like Alsup

cavey@tampbay.rr.com (Blog Author)25243 — Tue, 19 Jan 2010 08:00:00 EST

What: Using Non Attorney Representative Groups

I’m sure that you’ve seen ads on the TV for companies like Alsup, or Binder & Binder that provide representation on Social Security Disability cases.

Did you know that a majority of their business has been commercially based? What they means is that they’ve entered into contracts with large insurance companies and employers to provide Social Security Disability claims services to their disabled employees. You should particularly if you are a Long Term Disability applicant that people like Jim Alsup, the founder for Alsup & Alsup, have been quote as saying “every dollar we pay in from Social Security, reduces their liability by a dollar.”

Should you use Alsup or Advantage 2000 for your Social Security Disability claim if you are Long Term Disability applicant? Nancy Cavey, and experienced Long Term Disability and Social Security Disability attorney, says no. Too many times companies like Alsup and Advantage 2000 will develop your Social Security Disability claim for a medical condition that provides only limit coverage under your disability plan. For example, they may try to develop a mental or nervous condition such as depression as the basis of your Social Security Disability claim ignoring your back condition. They do this knowing that under the terms of your Long Term Disability policy, your right to Long Term Disability benefits is limited under a mental or nervous claim for up to two years.

Nancy Cavey strongly believes that you should have a private attorney represent you in your Social Security Disability and Long Term Disability claim so that you get all the benefits to which you are legally entitled.

Confused About Medicare Benefits? Social Security Disability Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)25239 — Tue, 19 Jan 2010 08:00:00 EST

What: Medicare Benefits and Your Social Security Disability Benefits

Many people are confused about how long it takes to wait after you’ve received Social Security Disability benefits and to become eligible for Medicare. Some people are confused and think that they have to wait an additional two years after they’ve been approved for Social Security Disability benefits to begin receiving their Medicare. In reality, you become eligible for Medicare benefits, in most cases, in the twenty fifth month of Social Security disability entitlement.

If you have any questions about your rights to Social Security Disability benefits or Medicare benefits, the Social Security Disability lawyers at Cavey and Barrett can answer your questions. Don’t give up on your Social Security Disability claim if you are denied.

The Social Security Disability system can be discouraging. 2/3 of all individuals who apply for disability give up after being denied the first time. Nationwide, about 70% of all claims are denied at the initial application stage and request for reconsideration. Unfortunately, here in Florida, the numbers are even higher, almost 90%.

But for those that who don’t give up and request a disability hearing will get their Social Security Disability benefits, particularly if you are represented. You stand a very good chance of winning your disability benefits by being persistent!

If you’ve given up, you should start all over again. Unfortunately, you may lose a period of disability benefits, but eventually winning your benefits it better than nothing.

Arthriitis and Your Social Security Disability Benefits | SSD Lawyer in Florida

cavey@tampbay.rr.com (Blog Author)25026 — Thu, 14 Jan 2010 08:00:00 EST

What: Arthritis and Your Social Security Disability Benefits Claim

Arthritis and other chronic joint diseases are incredibly painful. The American Pain Foundation has a unique, educational campaign called “Making Sense of Pain Relief” that will help provide you with information about arthritis or chronic joint symptoms.

At Cavey and Barrett, it is not uncommon for us to represent Americans who suffer from arthritis and chronic joint symptoms in their Social Security Disability claim.

You may be entitled to Social Security Disability benefits if you suffer from arthritis or chronic joint symptoms.

You can join countless other in learning about your rights to Social Security Disability benefits by ordering your free copy of Your Rights to Social Security Disability Benefits, at a $19.95 value on Amazon.com.

You can also learn more about your rights to Social Security Disability benefits if you are an arthritis or chronic joint syndrome patient.

Almost Three in Ten of Today's 20 Year Olds Will Become Disabled Before 67

caveywebmail@tampabay.rr.com (Blog Author)24918 — Tue, 12 Jan 2010 08:00:00 EST

Did you know that almost three in ten of today's 20 year olds will become disabled before reaching age 67?

One in Seven of today’s 20 year olds will die prior to age 67; which is the full retirement age for people born in 1960 or later.

Many of those who become disabled will become eligible for Social Security Disability benefits. If you or a family member has questions about your rights to Social Security Disability benefits, contact Social Security Disability claims attorney Sharon Barrett, based in Pinellas County.

Leading Cause of Long Term Disability is Driving | LTD Attorney Florida

cavey@tampbay.rr.com (Blog Author)24658 — Thu, 07 Jan 2010 08:00:00 EST

What: Leading Cause of Long Term Disability Claims
Who: United States
Source: Seattle Post

In a recent news article in the Seattle Post, it states that the leading cause of long term disability in the United States is fatal car accidents, or as the article titled it "Driving". it also states that driving is a risky task that people need to be more aware of.

Car accidents lead to all kinds of serious injuries and its not a surprise that this is the leading cause of long term disability claims. At the AAA Foundation Web site, chief executive officer Peter Kissinger repeatedly calls the epidemic of vehicle-related accidents a "public health crisis."

Read more about the Leading Cause of Long Term Disability Claims

Settlement Agreements and Your Long Term Disability Claim | Tampa Long Term Disability Lawyer

cavey@tampbay.rr.com (Blog Author)24508 — Tue, 05 Jan 2010 08:00:00 EST

It is not uncommon as part of the settlement negotiations of a Long Term Disability claim that the disability carrier ask that you sign a release. Often, they will ask for this release at the end of the settlement negotiations.

At Cavey and Barrett, Nancy Cavey, Tampa based Long Term Disability lawyer, insists that the Long Term Disability carrier provide us with a copy any proposed release before we start talking about settlement. Many releases are, quite frankly, overbroad and ask you to release all sorts of claims including asking you to never to apply for disability or life insurance through that company and keeping the agreement confidential.

Most Long Term Disability carriers won’t settle unless they get a release. Negotiating what’s in the settlement release is just as important as the amount of the settlement.

If your Long Term Disability carrier has approached you about settling your Long Term Disability case, Nancy Cavey can provide fast and affordable advice about the settlement process, the value of you Long Term Disability claim and negotiating the terms of the release.

Nancy, who represents disability policy holders throughout the United States including Florida, Georgia and Alabama, has written the go to consumer guide Robbed of Your Peace of Mind? to help you understand the disability claims process. Get Your FREE COPY today!

Are You Old Enough for Social Security Disability? Florida Social Security Disability Lawyer

caveywebmail@tampabay.rr.com (Blog Author)24495 — Tue, 05 Jan 2010 08:00:00 EST

Being unable to work and being found disabled are two different things. The Social Security Administration uses a grid system as apart of the Five Step Sequential Evaluation which is heavily weighted based on age.

If you are under the age of 45 or 50 and you can’t do your past jobs or work full time at any regular job, you should be entitled to Social Security Disability benefits.

It is easier to be found disabled as you get older. If you are over age 50 and have a severe impairment that keeps you from doing all but the easiest and lightest job, you should consider applying for Social Seucrity Disability benefits. If you are over age 55 and can’t do the lightest job you’ve done in the last fifteen years, you should apply for Social Security Disability benefits.

The Social Security Disability process doesn’t often make common sense. If you are concerned that your age may prohibit you form receiving Social Security Disability benefits, call Florida Social Security Disability benefits denied lawyer Sharon Barrett for a free, no obligation consultation regarding your entitlement to Social Security Disability benefits.

Sopranos Actor Involved in Insurance Scam | Social Security Disability Lawyer Tampa

caveywebmail@tampabay.rr.com (Blog Author)23792 — Tue, 22 Dec 2009 08:00:00 EST

What: Social Security Disability Scam
Who: Former Soprano Actor Raymond Franza

In a recent news article about a Social Security scam, Former Sopranos actor Raymond Franza is accused of claiming nearly $13,000 in Social Security disability benefits and never telling the government he was also getting $4,000 a month in private insurance payments from State Farm Insurance.

Franza was involved in a car accident that caused the disability claim. The car crash happened in the spring of last year, authorities said. Franza was injured enough to apply for disability coverage through the Social Security Administration and, according to prosecutors, he collected $12,946 between June 2008 and August 2009.

He was charged with third-degree grand larceny, third-degree criminal possession of stolen property and making a punishable false written statement.

Social Security Employees Find Job Stressful | SSD Benefits Attorney

jessgut12@gmail.com (Blog Author)23746 — Mon, 21 Dec 2009 08:00:00 EST

At a January 2009 the Government Accountability Office (GAO) reviewed the work conditions at Social Security Administration field offices around the United States. They GAO asked employees at over 21 offices to rate the stress level that they experienced in trying to complete their work timely. 55% of the 153 employees at the 21 offices reported feeling stressed to a “great” or a “varied” degree. We at Cavey and Barrett applaud the efforts of the Tampa Social Security Disability office of address their backlog. They have a very stressful job, but they are doing well in difficult circumstances.

If you have any questions regarding your rights to Social Security Disability benefits, Social Security Disability attorney Sharon Barrett, has written a free, no obligation consumer guide which you can receive free here.

What Is Medically Determinable in Your Social Security Case? Florida Tampa Social Security Disability Lawyer

jessgut12@gmail.com (Blog Author)23734 — Mon, 21 Dec 2009 08:00:00 EST

What: Social Security Disability Term " Medically Determinable "

In an article about Social Security disability, a great post was made about what is medically determinable in a Social Security Disability case. You need to know what this term means and what and how it can effect you in your Social Security Disability case. As taken from the article, "A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological or psychological abnormalities which can be determined by medically acceptable clinical and laboratory diagnostic techniques." This term in plain language means that you must have medical evidence that supports your symptoms in order to bring a claim.

We at Cavey & Barrett know how important it is for you to have medical experts and testing to document your medical problem. We strongly suggest you gain knowledge about the necessary steps you need to take before you file a Social Security Disability claim. If you would like more information, get our FREE Social Security Book entitled " Your Rights to Social Security Disability" and we will rush it to you right away.

Man Who Became Disabled by Unprotected Sex Denied Disability Award | Florida Disablity Insurance Lawyer

jessgut12@gmail.com (Blog Author)23730 — Mon, 21 Dec 2009 08:00:00 EST

What: Disability Claim Denied
Where: BC Canada
Who: Randolph Gibbens

A man in Canada who had unprotected sex and contracted a disablity in which left him paralyzed has lost his case in trying to bring his disability claim. Randolph Gibbens had contracted herpes in unprotected sex and became a paraplegic after the disease had ran its course and lost a $200,000 Supreme Court Case. According to the ruling, "The case, which pitted the Co-operators Life Insurance Company against the former high-pressure water blaster, centred on the meaning of the word "accident" in deciding insurance claims."

Insurance company employee Convicted in Disability Scheme | Florida Disability Lawyer

jessgut12@gmail.com (Blog Author)23726 — Mon, 21 Dec 2009 08:00:00 EST

What: Disability Claim Scheme
Where: New Jersey
Who: LaShondrea Tucker

According to an IFA news brief, LaShondrea Tucker, who was employed as a disability claims manager for Prudential Insurance Co., admitted that between Sept. 22, 2003, and March 23, 2004, she created fraudulent disability claims using the names and other identifiers of actual people enrolled in a teachers’ disability plan. Tucker admitted that she diverted 21 checks and two electronic fund transfers, totaling over $94,100.

With Job Losses Disability Claims Grow | Florida Tampa Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)23615 — Fri, 18 Dec 2009 08:00:00 EST

What: Job Loss Sends Disability Claims Soaring
Who: MSNBC Article
Area: Social Security Disability Benefits

In a recent article by MSNBC, disability claims have soared due to the lack of jobs and people being laid off from their jobs. According to the article which highlights a man that had lost his job due to the economy and could not hold his own at work, he is now filing for Social Security due to his ability to not be able to work. The article states that "According to the Social Security Administration, which runs the two main federal disability programs, new claims for disability benefits rose nearly 17 percent nationwide in fiscal year 2009, to 3 million. Disability filings are projected to rise another 10 percent in fiscal 2010, to 3.3 million new claims". This is a shocking number of people being laid off and becoming dependent on Social Security to help them maintain their living.

The article also states that Jim Allsup, founder and CEO of Allsup Inc, states that "With so many new claims being filed, Allsup is worried that the Social Security system can’t handle them all."

Learn more about Social Security Claims here.

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

cavey@tampbay.rr.com (Blog Author)23423 — Tue, 15 Dec 2009 08:00:00 EST

As a highly paid specialized medical or legal professional you need to adequately protect your income in the case of disability.

There are several features that you should consider in purchasing a Long Term Disability Policy. Any policy should have the following features:

1. Recognizing the specialty or sub speciality that you practice

2. Protect your disability benefit if you experience a reduction in earnings over time due to progressive illnesses

3. Protect you if you've contracted an infectious or contangious disease which is not disabling but results in a loss of income

4. Provides continued benefits for a number of months after a return to work

5. Provides for cost of living adjustments

If policy does not contain anything from the list above, you need the help of a experienced medical and legal professional long term disability lawyer to show you what you need to do.

Professionals need guidence too!

Ticket to Work Program | Social Security Disability Benefits and Your Right to Work | St. Petersburg SSDI Attorney

jessgut12@gmail.com (Blog Author)23200 — Thu, 10 Dec 2009 08:00:00 EST

What: Learn about the Ticket to Work Program

If you are on Social Security Disability benefits and would like to return to work you might be eligible for the ticket to work program. This program allows people with Social Security Disability access to approved prior vocational rehabilitation services that are paid by the Social Security Administration to help you get vocational rehabilitation and training to help you do other kinds of work that’s different from what you’ve done in the past.

If you are on Social Security Disability benefits and are thinking about a return to work. Contact Social Security Disability attorney, Sharon Barrett, based in the St. Petersburg Florida area, to get all of your questions answered about whether the ticket to work program is right for you.

Learn more about the Ticket to Work Program.

Learn About Sciatica | Social Security Disability Lawyer in Tampa Florida

jessgut12@gmail.com (Blog Author)23198 — Thu, 10 Dec 2009 08:00:00 EST

Sciatica is severe low back and leg pain that is caused by pressure or irritation of the sciatic nerve. What is the sciatic nerve? The sciatic nerve is the largest nerve in your body. It comes out of the spinal canal at your lower buttock area and travels down the leg. You have one in each leg. The sciatic nerve can be compressed, irritate or stretched and can cause severe low back and leg pain. The pain will often radiate to your knees calves and even your feet.

If you suffer from Sciatica, you may be eligible for Social Security Disability benefits, if your sciatica prevents you from doing the lightest job that you’ve held in the last fifteen years.

For more information about your rights to Social Security benefits for sciatica you can order your free no obligation copy of “Your Rights to Social Security Disability Benefits,”or by call Cavey & Barrett, Social Security Disability Lawyers of Tampa Bay Florida at 727-894-3188.

Holiday Safety Tips | Surveillance During the Holidays | Be Careful

jessgut12@gmail.com (Blog Author)23125 — Wed, 09 Dec 2009 08:00:00 EST

What: Holiday Safety
Who: CVI

Need Surveillance on a home? It's the holiday season and many people have people coming in and out of their homes. CVI a surveillance company, offers a great way to protect your home this holiday season.

Claims Verification Inc offers video surveillance of the property and offers great services in order to keep your family safe this holiday season. The private investigators can be contacted at www.CVI.com and offer great prices to those in need of this type of service this holiday season. Keep yourself safe.

Social Security Disability Applications Rejected Every Year | Port Richey Social Security Disability Lawyer

caveywebmail@tampabay.rr.com (Blog Author)22694 — Tue, 01 Dec 2009 08:00:00 EST

Over 2.5 million applications for Social Security Disability benefits are rejected by the Social Security Administration every year. Your initial application for disability insurance is reviewed at the state level and statistics show that over 90% of these claims are rejected at the initial level and at the Request for Reconsideration level. To increase your chances of success at the hearing stage, Port Richey Social Security Disability benefits denied Lawyer Sharon Barrett, recommends that you obtain legal representation in your Social Security Disability claim.

The Social Security Administration sets a standard attorney fee rates at 25% of the back benefits awarded or $6,300 whichever is smaller. Obtaining the services of a Social Security Disability Lawyer, like Sharon Barrett, who practices in the New Port Richey, Port Richey and Hudson area is affordable.

To schedule your free no obligation, consultation, at a $350 value, you can contact Social Security Disability Lawyer, Sharon Barrett, at 727-894-3188.

If the phone lines at Cavey and Barrett are busy, keep trying so that you can schedule your free, no obligation, consultation with Social Security Disability Lawyer Sharon Barrett.

What is Social Security Disability Insurance | Social Security Disability Lawyer in St. Petersburg

cavey@tampbay.rr.com (Blog Author)22692 — Tue, 01 Dec 2009 08:00:00 EST

Did you know that Social Security Disability Insurance is a disability benefits insurance program provided by the Social Security Administration? This program offers money benefits to individuals who have worked twenty out of the last forty quarters so that they have become insured and eligible for disability payments if they become unable to work for over a year.

Social Security Disability benefits are not designed for people who have had a short-term illness that has kept them out of work less than a year. The Social Security Disability benefits are designed to provide money and health benefits after you’ve been disabled for more than two years.

If you have a medical condition that prevents you from working, you should consider applying for Social Security Disability benefits. To increase your chances of receiving benefits, Sharon Barrett, former Social Security Disability attorney, who practices Social Security Disability law in the Tampa Bay area suggests that you consider contacting her for a free, no obligation, consultation, at a $350 value, to learn about your rights to Social Security Disability benefits.

You can call Cavey and Barrett at 727-894-3188 to schedule an appointment.

Mental Nervous Limitations and How Long Term Disability Carriers Will Use This Clause to Deny Your Benefits | Tampa Bay Disability Attorneys

caveywebmail@tampabay.rr.com (Blog Author)22532 — Fri, 27 Nov 2009 08:00:00 EST

It is not uncommon for Long Term Disability policies to limit coverage for mental conditions. Unfortunately, this is constitutional. However, many Long Term Disability carriers try to plug your Long Term Disability claim into a mental nervous limitation so that they only have to pay you two years of benefits.

These cases are also language dependent. For example, a plan may provide that a mental illness as a "mental, emotional, nervous condition of any kind." Boy that's rather expansive. If you suffer from fibromyalgia you most likely have depression. In the case of Bosetti vs. United States Life Insurance Company, 2009cal.app.LEXIS1166(July 17 2009), the Long Term Disability carrier applied a two year policy limit for disability due to "mental, nervous or emotional disorders." The California court rejected this position saying that they were concerned with the "situation or the physical event disabling on it's own, causes addition mental symptoms or the converse." For example a physical ailment, such as a heart attack, can cause depression or a mental disorder called anorexia nervosa can cause the physical symptoms of malnutrition.

When mental symptoms arise from a separate physical event, or physical symptoms arise from a separate mental event, the court ruled that the term "mental disorder" is ambiguous. As a result, the court asked if it would whether it would reasonable to expect that the disabling physical conditions arising from the depression not be subject to the mental limitations in the policy. In other words, if Bosetti's disability was caused only by her depression and her fibromyalgia did not cause this or produce any symptoms then the mental limitation would apply. However, the court ruled that if her physical problems contributed to the disability or were the cause, the mental nervous limitation didn't apply.

It is not uncommon for Long Term Disability carriers try to get your psychiatrist to say that you are totally disabled as a result of your fibromyalgia or depression and not take into consideration your physical symptoms. They again issue a notice of decision with an "Aha! Gotcha!" under the mental nervous limitation clause.

If you suffer from any physical condition that causes any psychiatric problems such as depression or anxiety, it is important that you understand the games the Long Term Disability carrier will play with you and your doctor in an effort to plug you into the mental nervous limitations. Nancy Cavey, who handles LTD and ERISA cases throughout the United States, can help you understand your policy terms, work with you and your doctors to make sure that your doctors are providing the Long Term Disability carriers with the right information and that you are properly filling out your activities of daily living form so that you won't jeopardize your continuing entitlement to Long Term Disability benefits.

The Doctor Who Could No Longer Be a Surgeon: The Tale of a Long Term Disability Claim

caveywebmail@tampabay.rr.com (Blog Author)22531 — Fri, 27 Nov 2009 08:00:00 EST

Many physicians buy Long Term Disability policies which provides that disability benefits will be paid if they are unable to engage in their own occupation. If you have such a policy, I strongly suggest that you get out your policy and read the language. You must understand what the definition of total disability is. Some policies will define "total disability" as "unable to perform any job for which you are reasonably qualified or may become qualified because of your education, training or experience," that's an awful broad definition of a disability. These cases are usually dependent on policy language.

As a physician, you should purchase a Long Term Disability policy that pays Long Term Disability benefits if you are unable to perform "any" of the material and substantial duties of your occupations. In other words, if you are an orthopedic surgeon, you want the policy to provide for payment of total disability benefits if you are unable to perform surgery although you may still be able to perform office consultations.

Alternatively, you still may be entitled to residual disability benefits if you are only able to perform a majority of your job duties rather than all of your job duties.

Nancy Cavey has written the medical consumer guide to Long Term Disability policies, "Robbed of Your Peace of Mind." It is crucial that you understand the terms of your Long Term Disability policy and know what the standard is for being entitled to Long Term Disability benefits. Remember each case is heavily dependent on the policy language in your policy. Don't make a crucial mistake that will jeopardize your practice and family income.

For your free, no obligation consultation regarding the policy language in your Long Term Disability policy, call Tampa Bay's Long Term Disability ERISA attorney Nancy Cavey at 727-894-3188 or visit caveylaw.com.

Can a Long Term Disability Carrier Deny my Claim for Benefits because I can be "Accommodated"?

caveywebmail@tampabay.rr.com (Blog Author)22530 — Fri, 27 Nov 2009 08:00:00 EST

What a great question! The starting point is to look at the definition of "total disability" in your policy. Some definitions of "total disability" are "unable to perform any job for which you are reasonably qualified or may become qualified because of your education, training or experience." If your claim for disability benefits are denied based on a finding that you can perform sedentary work only with accommodations that can be considered a procedural irregularity contrary to the plain language of the policy.

Own occupation denied Long Term Disability attorney Nancy Cavey, can help you understand the terms of your policy and whether a Long Term Disability carriers denial will hold up in court.

Can I Work and Still Collect My Social Security Benefits?

caveywebmail@tampabay.rr.com (Blog Author)22528 — Fri, 27 Nov 2009 08:00:00 EST

The Social Security Administration provides work incentives that allow people to work and collect Social Security Disability benefits at the same time. This is called a trial work period and during that period you can keep what you earn and still collect benefits. However, you have to report your work activity to the Social Security Administration and continue to have a disabling impairment.

The Social Security Administration lets you accumulate nine months of earnings in a sixteen month time period, it does not have to be consecutive. The Social Security Administration will consider your work if you earn more than $700 a month in 2009. After your trial work period ends, your Social Security Disability benefits will stop for months in which the Social Security Administration will determine if your earnings are substantial. In other words, if you earn more than $980 a month in 2009 or $1640 if you are blind, your work will be considered to be substantial and you will lose your Social Security benefits.

You can get Social Security benefits for an additional 36 months after you completed a trial work period if your earnings once again fall below the monthly rate and you continue to have a disabling impairment.

This can be rather confusing and if you have any questions about working while receiving Social Security benefits you can look at a Social Security publication, "Working While Disabled- How We Can Help," http://www.socialsecurity.gov/pvs/10095.html.

If you have any questions about your ability to collect Social Security Disability benefits while working call Social Security Disability attorney, Sharon Barrett, who practices in Port Richey, New Port Richey, and Clearwater, Florida at 727-894-3188.

Five Tips to Winning Your Chronic Fatigue Syndrome and/or Fibromyalgia Social Security Benefit Claim | Tampa Bay Social Security Disability Lawyer

caveywebmail@tampabay.rr.com (Blog Author)22524 — Fri, 27 Nov 2009 08:00:00 EST

Sharon Barrett, Social Security Disability attorney, knows how difficult it can be for someone who suffers from chronic fatigue syndrome or fibromyalgia to win a Social Security Disability case.

There are five tips to winning a chronic fatigue/fibromyalgia denied Social Security Disability case:

1. Being treated by a specialist in chronic fatigue syndrome and fibromyalgia.
Administrative Law Judges and the Social Security Administration are skeptical of claims that are based on a diagnosis of chronic fatigue syndrome or fibromyalgia made by physicians who don't specialize in the disease. At Cavey and Barrett, we find greater success in cases where our clients have been treating with a rheumatologist. If you aren't treating with a rheumatologist or a specialist in the treatment of chronic fatigue syndrome or fibromyalgia, contact your local support group for a referral.

2. Elimination of other disease processes through testing.
There is no gold standard test for the diagnosis of chronic fatigue syndrome or fibromyalgia. Therefore, Sharon Barrett, Social Security Disability denied attorney likes to see medical tests performed that rule out other conditions. These tests will include blood work or other disease processes, physical examination that is consistent with chronic fatigue syndrome and complaints that are consistent with the diagnosis of chronic fatigue syndrome.

3. Have you gotten the proper treatment for chronic fatigue syndrome or fibromyalgia?
Chronic fatigue syndrome and fibromyalgia are a diagnosis in part, of exclusion. There are many forms of treatment recommended including physical therapy, narcotic pain medication, and biofeedback. We want to be able to show the administrative law judge that you have tried the treatment recommended by your physician, your response to that treatment and your attempts to find relief from your symptoms.

4. Treatment or evaluation by a therapist or a psychiatrist.
Some administrative law judge's frown upon chronic fatigue syndrome or fibromyalgia because they question whether the diagnosis exists and sometimes will deny claims on basis that you suffer from a "mental disorder." While nothing is further from the truth, it is not uncommon that chronic fatigue syndrome or fibromyalgia suffers have depression or anxiety. I like to have a therapist or a psychiatrist address these diagnosis, the role in your disease and that you have sought treatment for those conditions yet still suffer from chronic fatigue syndrome or fibromyalgia.

5. Corroborating evidence of your symptoms.
Chronic fatigue or fibromyalgia sufferers often walk around like zombies in a fog, we like to have corroborating statements regarding fatigue and other symptoms associated with chronic fatigue syndrome and fibromyalgia.

If you are planning to file a claim for Social Security Disability benefits and you suffer from chronic fatigue syndrome or fibromyalgia or your Social Security Disability claim has been denied, contact Social Security Disability attorney Sharon Barrett who specializes in helping people who suffer from chronic fatigue syndrome and fibromyalgia get the Social Security Disability benefits they deserve.

Long Term Disability Messes That Can Cause You Serious Financial Problems | Tampa Bay Disability Lawyer

caveywebmail@tampabay.rr.com (Blog Author)22472 — Wed, 25 Nov 2009 08:00:00 EST

Many people that buy Long Term Disability policy believing that after an accident or illness their lost income will be covered. That isn't correct! Did you know that a typical group policy only pays you 60% of your salary up to a specified limit? Such as $3,000, $5,000 or $7,500 per month?

Long Term Disability group policies also don't replace lost income from commissions or bonuses.

While getting Long Term Disability insurance because you have a one and three chance of becoming disabled and not being about to work 90 days or more at some point in your career, you do need to be smart about buying a Long Term Disability policy.

Nancy Cavey, Florida Long Term Disability attorney suggests that you do the following:

1. Calculate how much you need to maintain your standard of living if you've become disabled. You can calculate this at a site called LIFEhappens.org. If you don't have enough insurance, you might want to see if your employer offers a supplemental coverage. However, I recommend that you buy an individual plan that can you as much as 70-80% of your salary without a reduction for other benefits, such as Social Security payments. Even better, if you buy your own policy, your Long Term Disability benefits aren't usually taxed.

2. Read the fine print of your coverage closely. Some plans pay only if you are unable to work in any capacity, others pay if you can't receive your current income. The price of your policy will also vary depending on your job, your income, how long you have to wait for benefits to be paid and also features like cost of living.

If you have any questions about the right disability policy, you can order the free consumer guide, written by Florida Long Term Disability ERISA attorney, Robbed of Your Peace of Mind at www.caveylaw.com.

New Study Links XMR Virus to Chronic Fatigue Syndrome | Chronic Fatigue Syndrome Long Term Disability Cases Denied

caveywebmail@tampabay.rr.com (Blog Author)22463 — Wed, 25 Nov 2009 08:00:00 EST

If you have a Long Term Disability policy and have applied for benefits your claim might be denied on the basis that there is no objective evidence of your diagnosis or disability. A new study, published in the journal Science Express, has found the two thirds of the people diagnosed with chronic fatigue have a retrovirus called XMRV, which is known to affect immune cells. Judy Mikovits, research director of the Whittemore Peterson Institute at the University of Nevada Reno noted that this retrovirus could explain "entire spectrum of symptoms that have been come to know as chronic fatigue syndrome."

This study compared the blood samples of 101 patients diagnosed with chronic fatigue to samples from 218 healthy patients. Over 67% of those diagnosed with chronic fatigue have a XMRV virus as compared with fewer than 4% of the healthy subjects in the study.

XMRV has not been shown to cause chronic fatigue syndrome but it does have characteristics that make it a likely suspect because it can give rise to infection that persists indefinitely.

The XMRV finding can lead to the first treatment.

If you have chronic fatigue and are thinking about filing a claim for Long Term Disability or have been denied your Long Term Disability benefits. Contact chronic fatigue Long Term Disability attorney Nancy Cavey for assistance with your claim.

Science Express Identifies Link Between XMRV Retrovirus and Chronic Fatigue | Florida Social Security Lawyer

caveywebmail@tampabay.rr.com (Blog Author)22461 — Wed, 25 Nov 2009 08:00:00 EST

Judy Mikovits, research director of Whittemore Peterson Institute at the University of Nevada Reno, is co-author of a study just published in the journal Science Express that identifies a strong link between XRMV Virus and chronic fatigue syndrome.

Over two thirds of the one million people in the United States who suffer from chronic fatigue are infected with XMRV. This study examined the blood samples from 101 chronic fatigue patients and compared them from samples of 218 healthy people. Over 67% of chronic fatigue sufferers had XMRV compared with less than 4% of the healthy people.

Ms. Mikovits was quoted as saying the XMRV could "explain the entire spectrum of symptoms that have come to be known as chronic fatigue syndrome," she works at the Whittemore Peterson Institute which was founded to help people with chronic fatigue. This shows that this virus was infectious and provoked an immune response in people with chronic fatigue.

This XMRV finding could lead to the development of treatment.

If you have been diagnosed with chronic fatigue syndrome and have been denied Social Security Disability benefits, we suggest that you contact Pasco/Hillsborough/Pinellas County Social Security Disability Attorney, Sharon Barrett, for a free, no obligation consultation.

Do I Really Need An Attorney To Appeal a Social Security Denial? Social Security Lawyer Tampa

jessgut12@gmail.com (Blog Author)22329 — Tue, 24 Nov 2009 08:00:00 EST

What: Do I really need an attorney to appeal a social security denial?

No, but as Abraham Lincoln says, “a person who represents themselves has a fool for a client.”

If your Social Security Disability claim has been denied and you are filing your Request for Reconsideration or Request for Hearing, Sharon Barrett, a Social Security Disability attorney recommends that you have a licensed attorney representing you in your Social Security Disability claim.

You should never go to a hearing before an Administrative Law Judge without an attorney who can help develop the medical and vocation evidence necessary to succeed in a Social Security Disability claim. Statistically, the chances of an unrepresented claimant prevailing before an Administrative Law Judge are comparatively slim to those claimants who choose to have an attorney represent them during the Social Security Disability claim’s process.

UNUM's Use of "Independent Medical Examiners" | UNUM Disability Claim Lawyer Florida

jessgut12@gmail.com (Blog Author)22092 — Thu, 19 Nov 2009 08:00:00 EST

What: UNUM Article by Jane Lundy

In an interesting article by Jane Lundy on October 28, 2009, Jane outlines the gains that Long Term Disability carriers, such a UNUM play, by using “independent examiners.” Independent doesn’t means independent, it means a doctor who, for whatever a reason, needs to make money to supplement their income and becomes a hired gun for Long Term Disability insurance companies like UNUM.

If you are being scheduled for an Independent Medical Evaluation in your Long Term Disability claim, you need to immediately call and experienced Long Term Disability and ERISA attorney who can assist you in understanding the “independent medical” process and help you protect yourself from bogus independent medical evaluations.

Hartford Reinstates Taco Chip Man | Good Morning America Report | Disability Claim

jessgut12@gmail.com (Blog Author)21892 — Tue, 17 Nov 2009 08:00:00 EST

In a report by Good Morning America, Jack "Rocky" Whitten -- who suffers pain and memory loss as a result of a broken neck -- says his disability insurance payments from The Hartford were terminated in part because the company caught him on video eating a taco chip. This was a story worth getting people's attention in the world of disability. Hartford was quick to respond when Good Morning America got involved.

Brown Bill for Disabled Veterans | Social Security Lawyer in St. Petersburg FL

cavey@tampbay.rr.com (Blog Author)21633 — Thu, 12 Nov 2009 08:00:00 EST

What: Veterans Disability Benefits Brown Bill
Who: Veterans with Disability

In a recent news post by the Dayton Daily News, the new Brown Bill is designed to help build a faster road to disability benefits for veterans with disabilities to receive Social Security Disabililty Insurance. U.S. Sen. Sherrod Brown, D-Ohio has brought this bill to help streamline these benefits for veterans. According to the article, “Honoring our nation’s veterans means fulfilling our promise to them,” Brown said. This would help benefit all veterans with disabilities.

11 Year Old Stands Up For Justice and Sues Coleman For Horrific Burn Injuries

cavey@tampbay.rr.com (Blog Author)20768 — Thu, 29 Oct 2009 08:00:00 EST

The American justice system is full of heros and one of them is an 11 year old Trevor Dennis who will take on the Coleman company in a jury trial on Monday. His family was using a Coleman heater when it caused a fire in their tent and he was horrifically burned. Coleman has yet to do stand up and do what is right- what we as Americans are taught to do and that is to take responsibility for our actions.

The "other" American Way to resolve disputes is to have a jury trial and let an impartial panel decide who is at fault for Trevor's injuries - injuries that have scarred him for lift. In our American system of justice, even an 11-year old can stand up to one of the world's more powerful companies, Coleman, and hold them accountable and seek fair compensation for their negligence. We only hope that Coleman decides to do what is right and show an 11 year old what responsability is all about!

First Ever Oral Medication For MS | MS Disability Claim Lawyer in Florida

cavey@tampbay.rr.com (Blog Author)20638 — Tue, 27 Oct 2009 08:00:00 EST

What: New Drug for MS
Who: Nationa MS Society

In a release by the National Multiple Sclerosis Society, the first ever oral medication specifically for MS has been released. Fampridine-SR is for those who have difficulty walking when dealing with MS. It has been sent to the FDA for approval. A U.S. Food and Drug Administration advisory committee today recommended that the agency approve marketing of Fampridine-SR (Acorda Therapeutics, with a proposed name change to Amaya) for its ability to improve walking speed in people with any type of multiple sclerosis. While the FDA is not required to follow the recommendations of its advisory committees, it usually does. According to the sponsor, the agency is expected to make a final decision about whether to approve the drug for market on or before January 22, 2010.

This would fill a large gap in current MS treatments since there is no approved disease modifying therapies.

Did the Carrier Use The Wrong Expert? Long Term Disability Claim Denied Lawyer in Tampa Bay Florida

cavey@tampbay.rr.com (Blog Author)20616 — Tue, 27 Oct 2009 08:00:00 EST

Long Term Disability carriers will routinely have a Long Term Disability claim reviewed by a panel of hired gun medical reviewers. We see these same reviewers time and time again. One of the most common mistakes Long Term disability carriers make is to use the wrong medical expert for the medical condition that is being claimed. Now that sounds dumb doesn’t it?

The Florida federal regulations, which governs ERISA claim’s handling requires that the Long Term Disability carrier consult with a health care professional that has “appropriate training and experience in the field of medicine involved in the medical judgment,” 29 c.f.r. section 2560.503-1 (h)(iii).

Unfortunately, it’s not uncommon for Long Term Disability carrier’s who are evaluating Fibromyalgia or chronic fatigue cases to use physicians who have no expertise in those areas.

We, Florida Long Term Disability Denied lawyers, check the medical and professional background of any health care professional used by the Long Term Disability carrier in a claim’s denial to ensure that the carrier, in fact, used the right expert for your medical condition. If you believe that the Long Term Disability carrier has denied your claim by using the wrong expert for your medical condition immediately contact Tampa Bay Long Term Disability Attorney Nancy Cavey.

Myths about Long Term Disability Policies | St. Pete Florida Long Term Disability Lawyer

cavey@tampbay.rr.com (Blog Author)20615 — Tue, 27 Oct 2009 08:00:00 EST

In the recent findings in my office, I have seen alot of people with questions about myths they hear about long term disability policies based on their carrier information. Being a Disability denied lawyer, I have written the book Robbed of Your Peace of Mind that will get your blood boiling.

Insurer's Wrongfully Deny Claims | No Legitimate Reason For Denial | Florida Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)19928 — Tue, 13 Oct 2009 08:00:00 EST

In the L.A. Daily Journal, Evan George takes a look at California's disability insurance and finds that insurers wrongfully deny claims, despite findings by treating doctors and the federal goverment that they are too sick or hurt to hold a job.

The first in a two part series, the story shows that insurers create incentives for employees to turn down claims. Once denied, workers must navigate a complicated bureaucracy that takes years.

Of the cases that reach trial, judges found in nearly half the cases that the insurance companies had no legitimate reason to deny the claims. But because the injured workers can't sue for damages, there is no peril for the insurance companeis to repeatedly deny costly claims.

If you need a qualified disability insurance lawyer in Florida, please contact us at the Law Office of Cavey & Barrett for all your disability needs.

Long Term Disability and Fibromyalgia Syndrome | Florida Fibromyalgia Disability Lawyer

johnny@caveylaw.com (Blog Author)17714 — Mon, 31 Aug 2009 08:00:00 EST

Close to 90% of disabling accidents and illnesses are not work-related, according to the National Safety Council Injury Facts 2008. One of the most disabling conditions is Fibromyalgia. If you have a long term disability insurance policy, Nancy Cavey, a Florida-based long term disability attorney, suggests that you get out your long term disability policy and see whether or not Fibromyalgia is one of the covered conditions under the terms of your policy.

    If you are a Fibromyalgia sufferer, Nancy Cavey suggests that you have a short and long term disability insurance on it before you stop working so that you don’t mny mistakes regarding the onset date with the filing of your disability claim. Fibromyalgia is one of those conditions that long term disability insurance companies just don’t like because it is based on self-reported symptoms.

    If you suffer from Fibromyalgia and are thinking about filing a disability claim, contact Nancy Cavey for a free disability insurance policy audit. You need to know whether or not your Fibromyalgia is covered under your disability policy before you stop working!

    Fibromyalgia Syndrome and Long Term Disability Denials:

    Fibromyalgia is a syndrome because it describes a set of symptoms that occur without any disease-specific abnormalities in your body. A Fibromyalgia sufferer has complaints of widespread pain, decreased pain threshold, difficulty sleeping, fatigue, stiffness, mood disturbance, irritable bowel syndrome, headache, and paresthesias.

    1) Work and Fibromyalgia Syndrome, a Consensus Report:
   There aren’t any definitive laboratory or diagnostic tests that will confirm Fibromyalgia. However, in 1990 the American College of Rheumatology (ACR) established a criteria for the classification of Fibromyalgia Syndrome. The criteria can include:

    1.) A 3-month history of widespread pain involving both sides of the body above and below the waist and in the skeletal axis.

    2.) Pain with palpitation of at least 11 of 18 designated bilateral tender points.
    Long term disability insurance companies hate Fibromyalgia Syndrome claims. In fact, many long term disability insurance policies will have exclusions for Fibromyalgia or limit the amount of benefits that you can receive. Why is that? Because the diagnosis of Fibromyalgia is largely based on self-reported symptoms, many long term disability carriers just don’t think Fibromyalgia is a real disease.

    If you can convince the long term disability carrier that your Fibromyalgia is real, more often than not they will deny your long term disability benefits on the basis that you are able to perform a sedentary or light job. Under the trumps of most disability insurance policies you’re not entitled to disability benefits if you are able to work in a light or sedentary capacity.

    If you are a Fibromyalgia sufferer thinking about filing a long term disability claim, contact Fibromyalgia disability attorney Nancy Cavey who can assist you in determining whether or not your long term disability policy covers Fibromyalgia, the coverage, and the defenses that will most likely be raised by your long term disability carrier to deny your claim for disability benefits based on Fibromyalgia Syndrome.

    Nancy Cavey is a Tampa Bay-based disability attorney, and can help you with your Fibromyalgia claim.

Private Disability Insurance Policy | Private Disability Insurance Attorneys | St. Petersburg Florida

johnny@caveylaw.com (Blog Author)17256 — Fri, 21 Aug 2009 08:00:00 EST

At Cavey and Barrett, your Florida based private disability insurance attorneys, we suggest that you purchase a private disability insurance policy. We found the private disability providers are more likely to live up to their own promise of providing a needed income in the case of disability. Making decisions and understanding a disability insurance policy can be complex and difficult. That is why we have written two great books, "Robbed of Your Peace of Mind" and "The Smart Long Term Disability Consumer Guide for Preparing Your Written Statements and Field Visit" Please do not hesitate to contact us for your FREE no-obligation books.

Have your Social Security Benefits Been Denied Twice?

johnny@caveylaw.com (Blog Author)16914 — Fri, 14 Aug 2009 08:00:00 EST

Many Social Security Disability applicants are denied Social Security Disability benefits and, regrettably, give up. We know, at Cavey and Barrett, your Tampa Bay/ St. Petersburg area Social Security Disability attorneys, that it can take many months to get a decision on your Social Security Disability claim. Nationwide, only 30% of initial disability claims are successful. Expect to be denied. Your only recourse is to file a Request for Reconsideration and, unfortunately, you are going to be denied again. Only 15% of reconsideration appeals nationwide are successful.

Do not give up. Why? Because statistically, the Social Security Administrative Law Judge overturns 40-60% of all disability claims that were previously denied at the first two stages.Your initial claim and Request for Reconsideration is decided by someone who just reviews the medical records. It is not until you have a chance to present testimony to a Federal Administrative Law Judge that you can really persuade the Social Security Administration of your impairment, explain the severity of your symptoms, and the impact that they have on your functioning.

One of the unknown Social Security Disability secrets is to never give up. Cavey and Barrett, your Social Security Disability benefits denied attorneys with its office located in St. Petersburg, Florida, are here to help you. Sharon Barrett, Social Security Disability attorney, has written the book "Your Rights to Social Security Disability." For a free, no obligation copy, click here.

Secret Tip for Winning Your Social Security Disability Claim | St. Petersburg/Tampa Bay Area

johnny@caveylaw.com (Blog Author)16847 — Thu, 13 Aug 2009 08:00:00 EST

To be entitled to Social Security Disability benefits, you have to have medical evidence. That includes evidence of your physical and/or mental problems and your functional restrictions and limitations. Your complaints of pain are not good enough for the Administrative Law Judge to award Social Security Disability benefits. Therefore, at Cavey and Barrett, your St. Petersburg Social Security Disability benefits lawyers, we suggest that you regularly treat with a physician to establish your physical and/or psychiatric impairment and restrictions and limitations. If you have lost your medical insurance, we suggest you seek out a county facility or free clinic for treatment. For example, in St. Petersburg, FL some of our clients seek treatment throught the Pinellas County Health Department or the local Community Health Center of Pinellas County. For more information regarding required medical evidence please contact us at Cavey & Barrett for free copy of our no-obligation Social Security book "Your Rights to Social Security Disability Benefits."

Disability Tip for Winning Your Social Security Disability Claim - Tampa Bay Area

johnny@caveylaw.com (Blog Author)16843 — Thu, 13 Aug 2009 08:00:00 EST

If you are not represented, keep a copy of everything that you send to the Social Security Administration. You will also want to send any appeal to the Social Security Administration by Certified Mail. Unfortunately, the Social Security Administration loses things. This can be avoided if you keep a copy of everything you send to Social Security and send any appeals by Certified Mail. If you file in person with your local Social Security Administration office have them date stamp your appeal and provide you with a copy. If you use the internet, print out a confirmation document. If the Social Security Administration later claims that you have never applied for Social Security Disability benefits or submitted documentation, you have proof. Otherwise, you may be forced to re-file your application delaying your Social Security Disability claim. If you have questions regarding the Social Security Disability claim’s process or have been denied Social Security benefits, contact Sharon Barrett, your Tampa Bay Area Social Security Disability attorney. If you would like to receive more information regarding the Social Security Administration, the Disability Claims Process, or the Appeals Process please contact us at Cavey & Barrett. We will send you a free, no-obligation book "Your Rights to Social Security Disability Benefits: Information the Social Security Administration Rarely Tells You About Your Claim."

No. 15 - Can I work while I am getting Social Security Disability benefits?

cavey@tampbay.rr.com (Blog Author)14624 — Wed, 01 Jul 2009 08:00:00 EST

People who apply for Social Security Disability benefits are in a different position from those who are already getting Social Security Disability benefits. If you are receiving Social Security Disability benefits and are working on a trial work period, you can only work nine (9) months in a 5-year period and earn $960 per month.

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. 14 - When should I get a Social Security Disability attorney?

cavey@tampbay.rr.com (Blog Author)14623 — Wed, 01 Jul 2009 08:00:00 EST

The answer depends on you and your needs. We find that some claimants benefit from having representation at Cavey & Barrett from the very beginning, so that they understand the Social Security Disability claims process and get assistance in filling out their initial application. Others find that Cavey & Barrett assists them in avoiding missed deadlines and having to avoid the stress of dealing with the Social Security Administration.

More often than not, Social Security Disability applicants come to Cavey & Barrett after their initial application has been denied. While we are more than happy to represent you at any stage in the Social Security proceedings; we think that getting an attorney after the first denial is crucial in advancing your claim to the hearing stage.

At Cavey & Barrett, we think that waiting to get representation until just before your Social Security hearing is tempting fate. Why? During the course of your claim, Cavey & Barrett make sure that the Social Security Administration receives your ongoing medical records and is kept up to date with your medical treatment. We prepare a brief for the court prior to the hearing, setting forth the reasons why your claim should be accepted and, of course, if we have to go to a hearing, we prepare your court hearing. Waiting untill the last minute doesn't help anyone prepare for your big day in front of the administrative law judge.

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. 13 - Will it go easier if you have a Social Security Disability Attorney?

cavey@tampbay.rr.com (Blog Author)14622 — Wed, 01 Jul 2009 08:00:00 EST

Often Social Security applicants who have been denied call us asking whether it would go better for them if they had an attorney. They ask whether the involvement of a lawyer will improve their chances of winning.

The answer is yes. Things can go easier if you have a disability attorney, for a number of reasons. From the moment you retain Cavey & Barrett, the Social Security Administration is required to send copies of everything they send to you to us.

So why is that important? That means that Cavey & Barrett is responsible for handling all of your paperwork, getting it submitted on time, keeping copies of all the paperwork submitted, and doing status checks on the case.

At Cavey & Barrett, we provide you with everything we receive from the Social Security Administration and have regular follow up appointments with you to update what's happening in your file.

The mere fact that you are represented reduces the risk that you might miss an appeal deadline, because that means you might have to start over from the very beginning of the Social Security Disability claims process.

At Cavey & Barrett, we believe that communication with our clients is critical to success in any Social Security Disability claim.

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. 12 - Help! My claim for disability benefits has been denied. What should I do next?

cavey@tampbay.rr.com (Blog Author)14621 — Wed, 01 Jul 2009 08:00:00 EST

The second step in the Social Security Disability evaluation process is filing a request for reconsideration. There are some secrets that you need to know:

(1) when you file your request for reconsideration, provide updated information regarding any visits you've made to doctors, hospitals, and clinics since you filed your initial application together with the addresses of those medical providers;

(2) If you have the most recent medical records, submit them with your request for reconsideration. Why? Your request for reconsideration can be held up while the office of disability determinations waits for your updated medical records. However, keep a copy of your request for reconsideration and the medical records that you have submitted. Send this information to the Social Security Administration by certified mail, return receipt requested;

(3) Keep a copy of your original disability application and review it when you submit your request for reconsideration. Why? Unfortunately, Social Security Disability applicants will sometimes leave off the names and addresses of medical providers or even forget physical or mental conditions for which they have been treated. If you have forgotten something, you want to include that information on your reconsideration appeal;

(4) Consult with Cavey & Barrett before you turn in your request for reconsideration. You have sixty (60) days to file your request for reconsideration, and every day you wait adds more time to the process. Schedule an appointment with Cavey & Barrett so they can review your initial Social Security Disability application, the denial letter you received from the Social Security Administration, and help you properly prepare and timely submit your request for reconsideration.

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. 11 - My condition is improving. Should I still proceed on my Social Security Disability claim?

cavey@tampbay.rr.com (Blog Author)14620 — Wed, 01 Jul 2009 08:00:00 EST

Yes! Many Social Security Disability applicants have medical conditions that get worse, get better, get worse, get better... This cycle can keep on repeating itself and is found in situations like fibromyalgia, back problems, lupus, MS, and depression.

Because your condition may get better and worse, some disability applicants should really think twice about giving up their claim, even when it seems their condition might be improving.

If your condition is improving and you choose not to file an appeal on a claim within the 60-day appeal period, you'll be forced to start over with a brand new application, which will cause you to start all over again, getting back in line.

Because it takes so long to get a hearing in front of an administrative law judge, we rarely recommend that Social Security Disability applicants stop pursuing their Social Security Disability claim. You never know what your physical or mental condition might be like by the time you get in front of the administrative law judge.

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. 10 - I've been denied Social Security Disability benefits. Can I appeal?

cavey@tampbay.rr.com (Blog Author)14619 — Wed, 01 Jul 2009 08:00:00 EST

Absolutely. Your notice of denial will provide you information regarding how you go about filing an appeal.

There are some things that you need to be aware of:

(1) The majority of Social Security Disability claims are denied. Nationally, about seven out of 10 initial claims are denied and eight out of 10 requests for reconsideration are denied. In Florida, the denial rate is approximately 64.9 percent;

(2) A large percentage of Social Security Disability claimants who are denied and who decide to appeal are eventually approved for benefits. Follow Winston Churchill's famous statement, "Never give up!"

(3) At each step of the disability evaluation process, you have the right to file an appeal if you've been denied. At Cavey & Barrett, we can assist you with filing the necessary paperwork and make sure that your appeal is timely filed;

(4) The disability appeal has to be filed within 60 days of the date of the denial. Unfortunately, Social Security Administration is rather strict about holding you to that 60-day timeline;

(5) The first appeal takes about 60 to 90 days, and you should expect to be denied;

(6) The request for reconsideration also takes about 60 to 90 days and you should expect to be denied once again;

(7) At the next stage, you can file a request for a hearing and, unfortunately, it will take 24 to 26 months to get a hearing. There are cases in which Cavey & Barrett may be able to get a request for a hearing put on a quicker basis if you qualify for a compassionate allowance.

Remember to appeal, appeal, appeal. Your best chances of obtaining Social Security Disability benefits are before the administrative law judge.

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. 9 - Should I file a new disability application with the Social Security Administration?

cavey@tampbay.rr.com (Blog Author)14618 — Wed, 01 Jul 2009 08:00:00 EST

At Cavey & Barrett we find that most disability claimants who have been denied Social Security Disability should appeal their disability denial instead of filing a new disability application.

As we've explained, it's in a claimant's best interest to move your case to the disability hearing stage. Unfortunately, there are hoops that you have to jump through before you get to that administrative law judge. You first have to have your disability application denied, file a request for reconsideration, be denied, request a disability hearing, and finally (at long last) get in front of the administrative law judge where your chances of winning are significantly increased.

Every time you file a new disability application you start all over again and stop your progression through the disability appeal process.

This isn't to say that there aren't situations where you may want to start with a new application instead of appealing. For example, you may have been denied because you were still working or you've earned too much to be considered as being disabled. In that situation, it would make little sense to file a disability appeal but rather file a new application once you've stopped working.

At Cavey & Barrett we find that every situation is unique but that generally the best course of action is to file an appeal.

Sharon Barrett can provide you with expert legal advice on your Social Security denial and whether you should file a new application.

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. 8 - I've been denied Social Security Disability benefits. What do I do next?

cavey@tampbay.rr.com (Blog Author)14617 — Wed, 01 Jul 2009 08:00:00 EST

You have three choices: you can give up, file a brand new Social Security Disability application, or you can file an appeal.

I'm a fan of Winston Churchill, and my motto is "Never give up!"

You have to understand that most initial disability applications are denied and, in fact, are also denied a second time at the "request for reconsideration" stage.

Your chances of winning at the disability hearing stage level rise significantly, particularly if you have attorney representation.

We rarely contemplate having you start over with a new application and only suggest it if there is some technical reason for your denial. At Cavey & Barrett we can analyze the basis for the denial and help you decide whether or not you should appeal or file a new claim for disability application.

Of course, at Cavey & Barrett we find that the best course of action is normally to file a timely appeal. In fact, we suggest that you file it as soon as possible.

At Cavey & Barrett we can help you with the appeal process and, in particular, help you fill out the disability claim forms to make sure that you have properly explained your functional limitations and the difficulties that you have. Never give up on your claim!

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?

cavey@tampbay.rr.com (Blog Author)14616 — Wed, 01 Jul 2009 08:00:00 EST

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.

No. 2 - My spouse is working. Will their income affect whether I'm entitled to Social Security Disability benefits?

cavey@tampbay.rr.com (Blog Author)14611 — Wed, 01 Jul 2009 08:00:00 EST

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.

Social Security Disability and Veterans Disability Claims.

cavey@tampbay.rr.com (Blog Author)14610 — Wed, 01 Jul 2009 08:00:00 EST

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.

Riders| Disability Coverage | Long-term disability Attorney | Tampa Bay

cavey@tampbay.rr.com (Blog Author)14534 — Tue, 30 Jun 2009 08:00:00 EST

If you have disability coverage, you want to buy a rider that adjusts your policy for inflation or an option called future purchase option. This allows you to buy more coverage as your salary rises.

How much will this cost? Disability premiums typically cost between one and three percent of your annual income and can vary based on your age, gender, health history, and occupation.

You can reduce the cost of your long-term disability policy by changing the policy limitation period. This is a period of time in which you would not get benefits. Most people choose 90 days from the onset of disability. I have seen policies as long as 720 days.

The longer your limitation period, the cheaper your premium.

If you can't go without a paycheck for more than 90 days, I strongly suggest that you pick that as your elimination period.

You can also choose how long you will be paid benefits. Most companies will let you choose benefits that last two years, five years, 65, 67 or the rest of your life.

I suggest that you pick the age 65 option, but obviously the longer your benefit period the more expensive your policy will be.

Another factor in the determination of the price of your policy will be your occupation. Unfortunately, there are certain occupations that will more likely result in disability. If you fall into one of those occupations, your coverage will be more expensive.

If you have questions about your disability insurance policy or the purchase of a disability insurance policy, contact Nancy Cavey, a Tampa-Bay based long-term disability and ERISA attorney.

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.

Total disability.

cavey@tampbay.rr.com (Blog Author)14533 — Tue, 30 Jun 2009 08:00:00 EST

One of the most crucial definitions in a long-term disability policy is that of total disability. If you have purchased or own a occupation policy and are disabled and can't perform the principal duties of the job you have, you will be paid long-term disability benefits even if you can do other tasks. For example, if you are a cosmetic dentist and can't perform the principal duties of that job, you are entitled to long-term disability benefits.

Another important provision is residual disability benefits. Even if you become disabled, you may want to keep working.

So long as you are not working in your own occupation, you can continue to be eligible for disability benefits.

Many companies define a disability very broadly to limit coverage.

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.

Non-cancelable contracts.

cavey@tampbay.rr.com (Blog Author)14532 — Tue, 30 Jun 2009 08:00:00 EST

You can buy a non-cancelable and guaranteed renewable policy, a guaranteed renewable policy and a conditionally renewable policy. Obviously, a non-cancelable contract is the best because you lock in your rates and benefits. The insurance company can't change them.

Completely avoid conditionally renewable policies because the long-term disability insurance company can put any condition on it, raise the rates, and change the policy terms.

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.

Shopping for a policy.

cavey@tampbay.rr.com (Blog Author)14531 — Tue, 30 Jun 2009 08:00:00 EST

There are six disability insurance companies in the United States, and you can check their ratings at Moodys.com Standard & Poors.com or Ambest.com; however, company strength is not the only criteria.

One of the most important criteria is the claims payment and claims denial rate of the long-term disability insurance company. You may have the most financially secure disability insurance company, but one which has the worst record in claims payment.

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.

I don't need disability insurance. I have it through my employer!

cavey@tampbay.rr.com (Blog Author)14530 — Tue, 30 Jun 2009 08:00:00 EST

Many people insist that they don't need disability coverage because they have it through work. However, you should understand that most company issued group disability insurance only provides you with 60 percent of your salary, with a monthly maximum limit of $5,000 to $10,000. That can be less than 60 percent of your salary.

These benefits are also fully taxable, which means that you get significantly less than 60 percent of what you're used to.

Can you and your family survive on 40 percent of your salary?

Most group disability insurance policies will also have a provision that will reduce your disability benefits by the receipt of such benefits as Social Security Disability or Workers' Compensation. Unfortunately, it takes, on average, over two years to receive Social Security Disability benefits and even then you're not likely to receive more than $2,000 a month.

If you and your family can't survive on 40 percent of your salary, you should seriously consider purchasing a private disability insurance policy.

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.

What every medical professional should look for in a disability insurance policy.

cavey@tampbay.rr.com (Blog Author)14529 — Tue, 30 Jun 2009 08:00:00 EST

For medical providers just out of school, buying a disability insurance policy probably ranks last on their list of things to do. After all, you have just finished your training. You're young and healthy. What are the odds that you're going to become disabled? You may not think that a broken arm, a problem pregnancy, or a car accident may be disabling, but anyone of them could keep you out of work.

According to the Health Insurance Association of America, over 30 percent of Americans ages 35 to 65 will suffer a disability that lasts at least 90 days sometime during their career.

Without disability insurance coverage, an unexpected injury or illness can drive out to financial ruin.

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.

ERISA

cavey@tampbay.rr.com (Blog Author)14528 — Tue, 30 Jun 2009 08:00:00 EST

ERISA stands for "Employer Retirement Income Security Act." It was passed in 1974 for the purpose of protecting employee benefits for group plan participants. Unfortunately, disability insurance policies are subject to the ERISA regulations, which long-term disability carriers refer to as "Everything Ridiculous in the World Since Adam."

ERISA, which is a federal statute, pre-empts state law. That means that there are no state law causes of action, including bad-faith claims handling.

I am sure that your HR manager thought that having a group LTD policy would be a great benefit to the employees and is part of a benefits package that most employees are quite happy to have. These policies are cheaper, easier to sell, and are probably more profitable for the long-term disability insurance companies. How does it become profitable? ERISA procedures set up an administrative process, and you must read your policy closely to understand that process. There are specific time periods in which you must report your claim, submit information in support of your claim, and time periods in which the insurance companies or claims administrator must deny your claim.

There may even be an internal appeals process in the event that your claim has been denied.

Unfortunately, you must follow this claims process to the letter until you "exhaust your administrative remedies."

Long-term disability lawyers such as Cavey & Barrett more often find that the claimant has been exhausted by the administrative remedies as opposed to getting a favorable decision.

You should also remember that there is no such thing as a treating physician rule that gives deference to the opinions of your treating physicians. The long-term disability carrier can and many times ignores what your physician has to say about you and your ability to work.

These ERISA procedures are used to sabotage your claim. Under ERISA, the long-term disability carrier has to provide you with an explanation for its decision as well as documentation that it relied on in making the denial. Allegedly, this give you multiple opportunities to cure the defect.

In reality, the long-term disability insurance company will have your file reviewed by a peer review physician or have you evaluated by a physician of their choosing. The insurance company's claims denial is almost perfunctory and the insurance company will simply be happy to take a defensive posture, sitting back and taking apart your claim.

Since there is no treating physician rule, so long as the long-term disability carrier follows the ERISA regulations by having its team of internal medical consultants and experts address your medical documentation, it can be difficult to overturn the group carrier's decision to deny your claim or terminate your benefits.

It is crucial that you have an experienced long-term disability attorney help you even before you file your claim for long-term disability benefits. Nancy Cavey, who is highly experienced in representing long-term disability applicants, can assist you in understanding your long-term disability policy, assist you in perfecting your claim, and providing the long-term disability carrier with documentation to defeat every company's strategy that will be employed to deny your claim.

Group long-term disability policy language, the internal ERISA claims process, and your burden of proof to establish your entitlement to long-term disability benefits, can place significant hurdles in your path. If you have a choice, Cavey & Barrett strongly recommend that you purchase a private long-term disability policy that is tailored to your specific needs and will let you quickly go into state court to seek the long-term disability benefits that are due and owing to you.

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.

Policy provisions.

cavey@tampbay.rr.com (Blog Author)14526 — Tue, 30 Jun 2009 08:00:00 EST

Each long-term disability policy is different. Unfortunately, there is no uniform long-term disability policy in the United States. Each policy has different provisions. You should understand what the definition of disability is under your long-term disability policy, what conditions are excluded, when you have to file a claim, how much you are entitled to in benefits, whether or not there are offsets or reductions against benefits, and how long the claim process takes.

Group disability coverage is designed to limit coverage and benefits. That's why long-term disability policies cost significantly less than a quality individual private disability insurance policy.

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.

Three things that claimants must do before filing a disability claim.

cavey@tampbay.rr.com (Blog Author)14524 — Tue, 30 Jun 2009 08:00:00 EST

It is crucial that any long-term disability policyholder who is about to file a claim for immediate disability benefits do the following:

1. Get a copy of the original policy.

2. a. Read the policy so that you understand whether or not your disabling condition is, in fact, covered under the terms of the policy and for how long benefits will be paid. You also need to understand whether there will be any reduction from your disability benefits for income such as Workers' Compensation, Social Security, or even 401K deductions.

2. b. You should also read the policy for the directions required for the filing of a claim and follow every step. Make sure that your claim is filed timely.

3. Make a copy of everything you send to the long-term disability insurance company and send everything with a return receipt to prove that it was sent.

Remember, help is available to assist you before you file the claim and during your claim's process. Consult Cavey & Barrett for assistance in filing your long-term disability application.

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.

Long-term disability carriers' Independent Medical Examiners.

cavey@tampbay.rr.com (Blog Author)14523 — Tue, 30 Jun 2009 08:00:00 EST

Unfortunately, it's not uncommon for long-term disability carriers to use "independent" medical examiners to evaluate your entitlement to continuing long-term disability benefits. This is particularly true in the case of psychiatric or psychological conditions such as depression or anxiety.

One of the most common "tricks" is to have a long-term disability carrier schedule an independent medical examination with a psychiatrist or a psychologist who will have you sit in a room with a computer and answer hundreds of questions on the computer.

This is known as psychological or psychiatric testing. What you will find is most of the questions don't apply to you but you will be instructed to answer them anyway.

Most questions are totally irrelevant and even ridiculous.

More often than not, simply because you sit in a room and answer the questions, the independent medical evaluating physician will conclude that you have the ability to concentrate, that you are not functionally impaired, and that you have the pace and stamina necessary to work.

Even though you may complain that you are depressed and anxious, the independent medical examiner will determine that you are not "functionally impaired."

Of course, this will be used by the long-term disability carrier to cut off your benefits. When you appeal, the long-term disability carrier will reaffirm their denial based on the results of the independent medical evaluation.

If you are scheduled for any type of independent medical examination by a long-term disability carrier, understand that this is the prelude to having your long-term disability benefits cut off. Contact Cavey & Barrett, your Florida based long-term disability claimant attorneys who can help you with this frightening turn of events.

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.

Shopping for a physician and dental disability insurance.

cavey@tampbay.rr.com (Blog Author)14522 — Tue, 30 Jun 2009 08:00:00 EST

Physicians and dental disability insurance can help protect medical providers and their families in the case of injuries or unexpected circumstances. You and your family rely on your paycheck to pay bills, feed and clothe your family, and to provide a home and a lifestyle that have come to expect.

There are a number of things that you should consider before choosing a disability insurance policy. At Cavey & Barrett, we recommend that physicians and dentists purchase private disability insurance policies instead of a policy through a group plan. You should consider the following:

1. Quality. This disability plan will be the main source of your monthly income if you're disabled and are unable to work. The amount of the monthly income that you will be paid has to be high enough to cover all the bills that you need paid every month. Therefore, the plan that you select should cover your monthly expenses.

2. You should also have a guaranteed renewable feature, which means that as long as the premiums are paid the insurance company can't make any changes in your policy. A disability policy can't be cancelled for any kind of reason, including changes in your health. So long as you continue to pay the premiums, you have disability insurance coverage.

3. Company rating and status. Insurance companies should be financially sound to provide you with security, and you want to enroll in a plan that has a rating of A+ or better. However, company ratings aren't the most important factor. At Cavey & Barrett we find that many disability insurance companies that have high ratings have lousy track records in paying disability claims. Be sure that you ask your disability insurance agent about the claims paying and denial history of the company that they are recommending.

4. Benefits. When deciding on a disability insurance policy, you should consider the amount of the monthly benefits and how long you must wait before you get those benefits. Many disability insurance companies will offer to only pay 50 to 60 percent of your income, and it is rare that you will find a disability insurance plan that will pay 100 percent of your income.

5. How will you make up the difference? Many long-term disability policyholders mistakenly believe that Social Security Disability benefits can assist them in making up the difference. In some areas it will take over two years to get a Social Security Disability claim approved. More importantly, many group disability policies will have a provision that reduces the amount of your disability benefits by the receipt of your Social Security benefits.

6. Another important factor is what is called the elimination period of benefits. Most insurance companies will pay claims within 60 to 90 days after the disability period begins. How long can you go without a paycheck?

7. Coverage. When shopping for a disability insurance company, make sure that your specific occupation is listed, instead of a general occupational listing. In other words, if you are an interventional cardiologist, you want to make sure that you are covered for your loss of ability to work as an interventional cardiologist. Similarly, if you are a cosmetic dentist, you want to make sure that your specific occupation is listed instead of being listed as a general dentist.

8. Shopping for physician and dental disability insurance companies can be confusing especially if you don't know what you are looking for. In Nancy Cavey's experience, getting a "medical, specialist or a broker" who can advise you on the best insurance company for your situation is helpful, but it is not the only solution.

9. Many medical providers have complex financial considerations that need to be evaluated in selecting the right disability insurance policy. These will be discussed in future postings.

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.

Dental disability insurance is essential.

cavey@tampbay.rr.com (Blog Author)14521 — Tue, 30 Jun 2009 08:00:00 EST

If you become disabled and are unable to work, dental disability insurance is essential to help you maintain your current practice. According to a recent survey, nearly half of one million people who filed for bankruptcy in the United States did so because of an illness or an injury. If you're involved in a car accident, suffered a sports injury, or have any other painful condition, you may be unable to continue your practice and be forced to close or even sell your practice.

It's essential that you find a disability plan that meets your occupational needs. Determining which policy is right for you is crucial. There are two types of disability policies. The first is a group policy that can be purchased from your employer or with pre-tax dollars. Remember, group plans have limited coverage, can be taxed, and any benefits you receive from Social Security, Workers' Compensation or income from other sources can be used to reduce your group disability coverage.

This is not true of the second type of disability policy, an individual policy which can be customizable.

Additionally, you should consider having an overhead disability expense policy that will pay your employees and even the rent when you are recovering from your disability. Without having overhead expense coverage, a temporary disability like a tennis injury to your shoulder could force you to lay off your staff and shut your practice.

Getting the correct dental disability coverage is essential, and you should contact your local disability agent to find reliable and multifaceted disability insurance that meets your particular needs.

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. 10 - Can I refuse to attend a neuropsychological exam at a long-term disability carrier?

cavey@tampbay.rr.com (Blog Author)14520 — Tue, 30 Jun 2009 08:00:00 EST

If a long-term disability carrier is scheduling you for a neuropsychological exam, I strongly suggest that you contact an attorney like Nancy Cavey immediately! Nancy Cavey is familiar with the neuropsychologists routinely used by long-term disability carriers.

We won't ever refuse an exam, but there are a number of things that can be done to protect your interests. These include:

(1) obtaining your own neuropsychological exam before attending the long-term disability carrier's neuropsychological exam;

(2) videotaping the independent medical examination;

(3) limit the carrier's neuropsychological review to the raw data of your examination.

To discuss this, and any other issues you have with your long-term disability claim, or for assistance in filing your long-term disability/ERISA claim, contact Nancy Cavey at www.caveylaw.com.

Nancy's new book on the mistakes that you can make in dealing with the insurance company will soon be published and will be made available at her website at Caveylaw.com .

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.

The seven things long-term disability policy holders should do.

cavey@tampbay.rr.com (Blog Author)14519 — Tue, 30 Jun 2009 08:00:00 EST

Nancy Cavey, Hillsboro and Pinelas Counties disability insurance company lawyer, suggests that longer-term disability applicants call and:

(1) get a copy of their policy;

(2) read the policy and the directions for filing their claim and follow every step;

(3) make a copy of everything you send to the disability carrier;

(4) send everything to the long-term disability carrier with return receipt request to prove that you sent the material;

(5) if you speak with the adjuster, which Nancy Cavey does not suggest you do, document every telephone conversation;

(6) if you have a high monthly benefit policy, be prepared for surveillance. The disability insurance company will hire an investigator to videotape you;

(7) consider consulting Nancy Cavey to assist you through the disability claims application process. Nancy can assist you before you file, during and after the claim has been filed;

(8) remember that disability insurance companies review files on an ongoing basis. Simply being paid does not mean that your benefits will continue. If your checks start coming late or stop, contact Cavey & Barrett for assistance in protecting your rights to the long-term disability benefits you paid for to protect your family.

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.

Disability insurance companies are increasing their Long Term Disability Denials

cavey@tampbay.rr.com (Blog Author)14518 — Tue, 30 Jun 2009 08:00:00 EST

Attorny's Jason Newfield and Justin Frankel , disability law colleagues of Nancy Cavey, have noted that "disability insurance companies are fighting to protect their cash reserves and the claims area is the first place to shore reserves. There is no downside to these companies when they delay or deny claims, and long-term disability policy holders must keep that in mind."
Disability insurance lawyer Nancy Cavey urges that you understand the claims process and written two critical books to assist you through the Long Term Disability Claims Process. Please contact us for your free, no-obligation books, "Robbed of Your Peace of Mind" and "The Smart Long Term Disability Consumer Guide For Preparing Statements and Field Statements."

Has your claim for long-term disability benefits been denied on the basis that you haven't been putting forth your best efforts?

cavey@tampbay.rr.com (Blog Author)14517 — Tue, 30 Jun 2009 08:00:00 EST

Long-term disability carriers routinely hire companies such as The Reed Group, to review long-term disability claims. Unfortunately, the Reed Group will use, as a basis for denying claims, an allegation that a psychiatrically disabled person hasn't put forth their best efforts in neuropsychological testing based on tests of memory validity. The Reed Group will conclude that you haven't been "cooperating" under the terms of the plan.

If your claim for long-term disability benefits has been denied or the carrier is sending you to a neuropsychiatry examination, contact Nancy Cavey immediately. Also, Contact us for our free, no-obligation books "Robbed of Your Peace of Mind" and "The Smart Long Term Disability Consumer Guide for Preparing Your Statement and Field Visit."

Psychological Disability and Long Term Disability Claim

cavey@tampbay.rr.com (Blog Author)14516 — Tue, 30 Jun 2009 08:00:00 EST

Unfortunately, long-term disability carriers routinely use companies such as PSY BAR to review long-term disability/ERISA claims involving psychiatric conditions.

I recently reviewed PSY BAR's website and noted that they offer online courses to adjusters and IME doctors.

One of the courses, "Psychological and Psychiatric Assessment of Individuals for Disability Insurers," actually teaches "independent medical doctors" what the long-term disability insurance company's expectations are and how to meet those expectations in an ethical manner.

Interestingly enough, this course identifies what PSY BAR believes to be "common IME errors:"

ERROR NO. 1 - Confusing the needs of the disability carrier with other kinds of coverage, including medical, workers' compensation, Social Security."

ERROR NO. 2 - Confusing diagnosis with limitations in functioning.

ERROR NO. 3 - Confusing symptoms with limitations in functioning.

ERROR NO. 4 - Assuming the role of a treating doctor.

ERROR NO. 5 - Interpreting measures of personality and mood as measures of functional capability.

ERROR NO. 6 - Making conclusions about functional problems caused by physical illness.

I am sure that long-term disability carriers are looking for reasons to deny claims involving psychiatric conditions and will look for these errors in your treating physician's records. If you have any questions regarding your long-term disability claim or need assistance, contact experienced long-term disability/ERISA disability attorney Nancy Cavey, based in Hillsborogh and Pinelas Counties.

Contact us at Cavey & Barrett for your Free, no-obligation books Robbed of Your Peace of Mind and The Smart Long Term Disability Guide for Preparing Your Statement and Field Visit.

No. 7 - The long-term disability carrier is denying my benefits because my physician won't respond to their request for information. What should I do?

cavey@tampbay.rr.com (Blog Author)14515 — Tue, 30 Jun 2009 08:00:00 EST

The long-term disability carrier should not be contacting your treating physician without letting you know. In a 9th Circuit court case, Safon v. Wells Fargo & Company, Long-term Disability Plan, 522 F.3d 863 (9th Cir. 2008), the court held that direct contact with a treating physician was a direct violation of the ERISA fiduciary duty.

This court also held that Met Life and Wells Fargo violated ERISA by attempting to use the physician's failure to respond as evidence against the claimant: "A doctor is not a lawyer; though he may provide information that is relevant to a claimant's disability, his actions (or inactions) cannot bind the client."

At Cavey & Barrett we clearly revoke, in writing, all authorizations and direct the long-term disability carrier to contact our office for any information needed. We also forward that revocation to your treating physicians and direct them to communicate directly with our office and not the long-term disability carrier.

Carriers sometimes ignore the revocation of the releases and will contact your doctor directly for records or "so-called doctor calls with their nurse."

The Safon case reminds the long-term disability carrier that they are not to have direct contact with your treating physician without informing you. In Safon, the court threw out the long-term disability carrier's denial of Ms. Safon's claim.

At Cavey & Barrett we work to protect your interests. Nancy Cavey has written the book that every long-term disability applicant needs to know, The Smart Long Term Disability Consumer Guide for Preparing For Your Statement and Field Visit. Contact us for your free, no-obligation copy of Nancy Cavey's Consumer Guide Book.

No. 6 - The Long-term Disability Carrier is trying to talk with my treating physician behind my back. What should I do?

cavey@tampbay.rr.com (Blog Author)14514 — Tue, 30 Jun 2009 08:00:00 EST

Unfortunately, it's not uncommon for the long-term disability insurance company to use the medical release which you signed to communicate directly with your treating physicians without notice to you. They will also tell your treating physician their version of your medical condition and your policy terms in an attempt to get the physician to release you to some form of employment.

In the case of Safon v. Wells Fargo & Company, Long-term Disability Plan, 522 F.3d 863 (9th Cir. 2008), The court noted that the ERISA regulations call for a "meaningful dialogue" between the claims administrator and the beneficiary. The court held that direct contact with a treating physician without informing the long-term disability claimant was a direct violation of the ERISA fiduciary duty to communicate.

The court noted that Met Life seemed to have "disregarded this responsibility in various ways - the opacity of its communications with Safon, the fact they communicated directly with her doctors without advising her of the communication, and the fact that it took various of her doctors' statements out of context or otherwise distorted them in an apparent effort to support a denial of benefits."

The Safon court imposed a rule that if a claims administrator communicates with a treating physician, it must disclose that fact "to the patient at a meaningful time."

At Cavey & Barrett, we routinely advise long-term disability carriers that the medical releases that they have obtained from you are now void. And we also contact the treating physicians and advise them under no circumstances to speak with or communicate with your long-term disability carrier. For these very reasons, we want all communications with you and your treating physician to come through our office so that we can make sure that the information that is being provided to the long-term disability carrier support your claim and that it is accurate.

Nancy Cavey, an experienced long-term disability/ERISA attorney based in Pinelas and Hillsboro counties, Florida, helps you navigate the long-term disability maze.

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. 5 - What every medical professional needs to know about ERISA.

cavey@tampbay.rr.com (Blog Author)14513 — Tue, 30 Jun 2009 08:00:00 EST

It is important that medical professionals understand their long-term disability policy so they can prevent the disaster of being disabled and being unable to recover the benefits they deserve.

Did you know that there are three types of disability policies? Do you know which kind you have?

The first is an individual disability policy, which you may have purchased directly from a carrier and which provides you long-term disability benefits in the event of sickness or injury.

Do you know that there are two types of individual policies? The first is a general policy that insures you against being disabled and being able to perform all work, while an "occupational" policy provides you disability benefits if you can't perform the material and substantial duties of your own occupation. Obviously, an occupational policy will provide greater coverage to a medical professional who would be entitled to these benefits even if they were able to engage in another occupation.

The second type of long-term disability policy is a group policy which is made payable to the participants of professional associations or medical practices. Group policies provide benefits based on a percentage of your base salary. These benefits normally pay 50-75 percent of the base salary and limit the maximum amount of benefits you are entitled to per month, regardless of your base income. It is not uncommon for these group policies to reduce benefits when you receive income from other sources such as Social Security Disability, Workers' Compensation, or even a 401K distribution.

Employer sponsored disability policies are typically the least expensive policies and provide employees with disability insurance based upon a percentage of the base salary as part of the employer's overall benefit package.

Unfortunately, group and employer sponsored policies are governed by the Employer Retirement Income Security Act of 1974 (ERISA). For a lot of ERISA attorneys, that acronym is named: "Everything Ridiculous Since Adam." ERISA deprives medical professionals the right to a trial by jury, the possibility of punitive damages, and it significantly affects your administrative and litigation rights.

The most an aggrieved medical professional can recover in an ERISA lawsuit is the amount of the benefits due, the interest cost and a discretionary award of fees.

There have been rulings by the court that disability claims brought by business partners or even sole shareholders of organizations who purchased individual insurance coverage, the owner of the business is covered by ERISA.

Unfortunately, at the time disability policies are sold to organizations, one of the primary factors is whether the applicant is interested in tax savings or coverage. Unfortunately, most organizations will opt for the least expensive policy that is taxable rather than for expanded coverage.

ERISA policies have a number of disadvantages. These will require you to have an administrative appeal before you can sue. If the plan provides the administrator with the discretion to determine the claim, courts generally overturn that decision if the administrator has acted arbitrarily and capriciously. So long as the record reflects a rational basis for the decision despite overwhelming evidence, the court will uphold the decision.

Unfortunately, the court is limited to reviewing the evidence that was in the file at the time the administrator made the decision. As a result, you can't offer additional documentation or even testify in front of a judge.

Despite these disadvantages, medical professionals are not doomed to having their claims denied. It is important that a medical professional consult with an attorney before filing a claim so that you understand the definition of disability, or if what is covered under base earnings can provide you with an opportunity to get your medical and financial house in order, develop supporting medical evidence before you file your claim for disability benefits.

Disability insurance companies do target high-end policies issued to medical professionals for denial or termination with the hope that ERISA will limit their exposure.

Don't make yourself a target for claims denial. Contact the law office of Cavey & Barrett to assist you in reviewing your disability policy, to assist you in your pre-claim filing preparation, and to assist you in reversing denials of disability claims.

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. 4 - The 2008 economy and the payment of long-term disability benefits.

cavey@tampbay.rr.com (Blog Author)14512 — Tue, 30 Jun 2009 08:00:00 EST

At Cavey & Barrett we are seeing a "slow pace strategy" by long-term disability carriers. We have found that carriers aren't "receiving paperwork," asking for the same information over and over, suggesting that they need information, indicating that there is a delay in getting information from physicians. These are all delay tactics that the carriers are using to delay payment to you.

With stock prices down and a lack of investment income earnings, disability insurance companies are taking longer to determine disability claims and to pay long-term disability benefits.

If you are experiencing any of these problems with your long-term disability or ERISA carrier, immediately contact Nancy Cavey at Cavey & Barrett to assist you in your long-term disability claim. There are things that can be done to expedite the handling of your long-term disability or ERISA claim. Remember, long-term disability insurance companies think that they can outlast long-term disability claimants. Our advice and counsel help you understand what your carrier is doing and help you prepare yourself financially.

No. 3 - Long-term disability and financial planning.

cavey@tampbay.rr.com (Blog Author)14510 — Tue, 30 Jun 2009 08:00:00 EST

At Cavey & Barrett we assist our Long-Term Disability/ERISA clients in dealing with the challenges they confront in the disability claims process.

These questions include:

(1) What are my benefits when I'm going to start working?

(2) How do I file for Social Security?

(3) Should I COBRA my health coverage?

(4) Do I have alternative sources of healthcare?

(5) How do I make the health insurance gap between my Medicare eligibility and the loss of my healthcare?

For assistance with these questions and your long-term disability or Social Security Disability application, contact Cavey & Barrett, your Social Security Disability and Long-term Disability experts.

No. 2 - Long-term disability benefits and my healthcare coverage through COBRA

cavey@tampbay.rr.com (Blog Author)14509 — Tue, 30 Jun 2009 08:00:00 EST

At Cavey & Barrett it's not uncommon for long-term disability applicants to come to our office with a letter from their employer about continuing their healthcare coverage through COBRA.

Federal law requires employers with 20 or more employees to provide COBRA healthcare continuation coverage, and there are specific time limits for choosing this coverage.

Unfortunately, many long-term disability applicants are also applying for Social Security Disability benefits and are in need of medical treatment. They have not become Medicare eligible and are facing a gap in their health insurance coverage.

While there is no one-size-fits-all answer, there are considerations that each long-term disability applicant should consider in making the difficult decision about continued COBRA coverage or alternative coverage:

1. Are you eligible for COBRA?

2. Do you have any dependents who have medical problems which require ongoing medical treatment?

3. Do you have coverage available to you under a spouse's employer?

4. Where are you with the Social Security Disability process? COBRA generally allows you and your dependants to keep group health coverage for 18 months after your employment ends.

There is an additional 11-month extension available when qualified beneficiaries are determined by the Social Security Administration to be disabled. This would provide 29 months of healthcare coverage.

You become eligible for Medicare 24 months from the SSA determined date of award.

5. Have you been awarded SSDI, and do you have dependants? If all of the qualified beneficiaries in your family are disabled and meet the SSDI eligibility requirements, all the qualified beneficiaries in the family are entitled to an 11-month extension of the general 18-month COBRA coverage. This will provide 29 months of COBRA coverage.

6. What will your COBRA coverage cost? You will have to talk to your Human Resources Department to determine how much COBRA coverage will cost.

Generally the first 18 months of coverage can cost as much as 102 percent of the cost of the plan of those who are still employed.

7. What do you anticipate your medical needs to be in the next 18 months?

At Cavey & Barrett we suggest that you estimate what medical treatment you are going to require in the next 18 months and what it would cost without insurance? Look at your deductibles and estimate the cost of medication, diagnostic testing, and hospitalization.

If you are facing significant medical treatment, it may be wiser to pay the higher COBRA premium so that you can get the medical treatment you need.

8. What would be the cost of any COBRA premium increases? If you get the 11-month disability extension, the premium for those 11 months may go up to 150 percent of the plan's total cost.

9. Have you priced any individual health plans?

You have 60 days to make the COBRA election.

At Cavey & Barrett we provide our long-term disability/ERISA clients with advice as to their COBRA and insurance options. We will help you determine your insurance costs under COBRA, the medical benefits you might require in the future and alternative medical care sources.

At Cavey & Barrett we can also refer you to lower cost healthcare options such as Drug Company and state pharmaceutical assistance programs, various government programs such as Medicaid, Veterans' Assistance and State and Local Health Services.

The decision that you make regarding your medical care is not only financial but one that will impact your health as you are trying to deal with your disabling condition and recover.

Cavey & Barrett can provide you with assistance.

No. 1 - Is the long-term disability carrier entitled to repayment because I got Social Security Disability benefits?

cavey@tampbay.rr.com (Blog Author)14508 — Tue, 30 Jun 2009 08:00:00 EST

Have you read your long-term disability policy? Does it provide that future benefits can be withheld to recover any overpayment arising from a retroactive payment of benefits such as Social Security Disability benefits?

In the case of White v. Coca Cola Corporation, the United States District Court for the Northern District of Georgia upheld a provision in Coca Cola's long-term disability plan that allowed Coca Cola to withhold future benefits to recover a retroactive payment of Social Security benefits in the amount of $38,124.90 that Mr. White received.

They reduced Mr. White's payments for 60 months to recover the overpayment, and he appealed. The court agreed with Coca Cola and found that they were entitled to reduce future long-term disability benefits because of the lump sum payment of Social Security benefits.

At Cavey & Barrett we can assist you in reviewing your long-term disability policy to determine whether or not your long-term disability carrier is entitled to recoup any overpayment for Social Security benefits.

Coleman's Way of Life - Coleman's ProCat Heater Severly Burns 7 Year Old During California Camping Trip | Lakeland Disability Benefits Attorney

cavey@tampbay.rr.com (Blog Author)12775 — Tue, 26 May 2009 08:00:00 EST

Did you know that over 100 years ago, W.C. Coleman, "a young man with a better idea began manufacturing lanterns" founded what is today known as "Coleman:The Outdoor Company". Coleman makes "products that make spending time outside a pleasure."

Coleman's website has a company history that extolls the virtue of Coleman and how "Coleman became a way of life in America."

Do you know they turned out over 15 million products a year in the 80's for "in-love-with-the-outdorrs Americans."

As a camper and a hiker, I have used many Coleman products but no more!

On a camping trip in December 2005, Trevor Daniels, then 7, was camping with his family in Califronia. His family had bought a Model 5053 ProCat PefecTemp Coleman propane heater and had it in their camping trailer to keep the trailer warm.

This heater, according to the reviews at mySimon.com is "specially made to provide a reliable flameless heat source for use inside tents, campers, and ice-fishing shacks and during home emergencies." The heater was sold with a picture of a Mom holding a baby in her lap with an bold statement the heater was safe for indoor use.

That evening the heater malfunctioned and the camping trailer, with Trevor inside, burst into flames. Trevor survived the fire but he has horrendous and extensive burns over much of his body.

Trevor's Mom and Dad have sued Coleman and asked that Coleman release documents that may show Coleman knowingly violated California statue, Health and Safety Code Section 19881. Coleman said, "NO!" but a California Judge told them to give Trevor's lawyers, Bisnar Chase, the documents. Coleman said "NO!" again and appealed the decision to the California Court of Appeals who heard arguments on Tuesday, May 19, 2009.

Many years ago the Satuday Evening Post said, "Except for Thomas A. Edison, Mr. Coleman may be responsbile for the creation of more bright light than any other man."

Don't you think Mr. Coleman would have released those documents and tried to help a 7 year old and his family recover from this tragedy. Mr. Coleman would have been that bright light for Trevor and the Daniels family. Too bad Coleman has not lived up to it's founder's vision. Coleman has betrayed "a way of life in America" and Trevor Daniels.

Binsar Chase, a California products liability law firm, has beome the "sunshine of the night" for the Daniels family that Coleman would have you believe they are to all Americans. How sad!

Answering these broad-based questions isn't easy. Help is a phone call away. For more information you can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.

Attorney's Fees | Tampa Bay Disability Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)11339 — Mon, 27 Apr 2009 08:00:00 EST

According to the U.S Court of Appeals, Eleventh Circuit, District court has “inherent powers to supervise conduct of lawyers who come before it, and in exercising those powers, a court need not free a client from acts of client's lawyers, especially when (sic) said client is aware of or directs those acts.” This was in response to Sahyers v. Prugh, Holliday. The complain issued to the court set forth only a generic request for damages, and included no specific dollar amount or proof as to the amount she believed she was owed. The courts concluded that lawyers for the plaintiff made no effort to contact the defendants to inform them of the Plaintiffs impending claim, much less to attempt to come to a resolution before a suit was filed. The counsel for the plaintiffs only reason for failing to contact defendants was that client instructed him not to do so.

The district court wrote that “there are some cases in which a reasonable fee is no fee” and found that this case was such a case. Citing Chambers v. Naso the court concluded that they had the authority to police lawyer conduct and to guard as well as promote civility and collegiality among the members of its bar.

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.

Fair Labor Standards Act | Hillsborough County Wage and Hour Lawyer

cavey@tampbay.rr.com (Blog Author)11335 — Mon, 27 Apr 2009 08:00:00 EST

The U.S District Courts issued an order on January 27^th, 2009 denying the defendants motion for reconsideration of order on motions for summary judgment. The plaintiffs (I Galdames, J Galdames, and G. Osorio) seek to collect, pursuant to the Fair Labor Standards Act back pay for unpaid overtime compensation and associated damages. On September 24, 2008 the courts granted Plaintiffs motion for summary judgment and denied Defendants motion for summary judgment. The courts found that N&D was an enterprise for purposes of applying the FLSA. The defendants then moved for a reconsideration of the motion. Three major grounds for reconsideration are :

An intervening change in controlling law
The availability of new evidence
The need to correct clear error or to prevent manifest injustice

“A motion for reconsideration should not be used as a vehicle to present authorities available at the time of the first decision or to reiterate arguments previously made.”

The Defendants argued that the order should be reconsidered because N&D is not an enterprise covered by the FLSA and therefore the relevant overtime and record keeping provisions are not applicable to it. The relevant definition of an enterprise covered by the FLSA is set forth in section 203:

1. Enterprise engaged in commerce or in the production of goods for commerce means an enterprise that:

A.) Have employees engaged in commerce or in the production of goods for commerce, or in activities that have employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person; and

B.) Is in an enterprise whose annual gross volume of sales made or business done is not less than $500,000.

The defendants neglected to introduce evidence rebutting Plaintiffs prima facie showing that the chemicals had traveled interstate. Therefore the defendants have not presented grounds justifying reconsideration. The defenses belief that the ultimate consumer doctrine applies to enterprise coverage cases is incorrect. It is for these reasons that the defendants motion for reconsideration was denied.

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.

Fair Labor Standards Act | Indian Rocks Workers' Compensation Benefits - Medical Care and Lost Wage Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)11266 — Fri, 24 Apr 2009 08:00:00 EST

In 2007, Florida once again led the nation in the number of overtime lawsuits filed against its employers. A major reason for this is the fact that the Fair Labor Standards Act allows attorney fees for successful litigants. A recent example of a construction related position that has been susceptible to overtime litigation is the construction superintendent. While superintendents normally perform managerial duties, there may be other elements of the FLSA exemptions that they do not satisfy. To be exempt as an “executive” a construction superintendent must regularly direct the work of at least two full-time employees. To be administratively exempt, an employee must be paid a salary basis of at least $455 per week, primarily perform office or nonmanual work directly related to the management of general business operations, and have primary duties including the exercise of independent judgment on significant matters.

What type of work is directly related to management an business operations? Labor Department regulations say an employee must perform duties directly related to the operation of a business, which is distinguished from “working on a manufacturing production line or selling a product in a retail or service establishment.” If your company has not reviewed its employee classifications lately, you should perform an audit to ensure each employee has been appropriately classified, especially if any reduction in force has occurred.

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.

Disability Battle Taps Integration | St. Petersburg Disability Claim Appeal Attorney

cavey@tampbay.rr.com (Blog Author)11262 — Fri, 24 Apr 2009 08:00:00 EST

Employers across the country are looking to integrate their disability and leave programs with health management efforts to lower health care costs, and create a more productive workforce. By integrating short and long term disability, family medical and other leave programs with medical, behavioral health, disease management and wellness programs, employees are better able to recognize an at-risk employee before they file a disability claim. Disability and medical programs that are integrated have been shown to result in shorter leaves, quicker return to work rates, and fewer employees moving from short term disability to long term disability. Tom Perry, President of the Integrated Benefits Institute says that “Employers have begun to realize that having a healthy and productive workforce is part and parcel to their business strategy and business success, whereas for so long employers just saw benefits as a cost of doing business or an attraction and retention strategy. The mindset has really become: If we invest in employee health, not only will employees be healthier but they won't be absent from work and they will be more productive while at work.” Therefor saving employers money. A 2007 internal analysis of CIGNA's medical and disability claims found that employees with disability claims made up only 5% of the employee population yet represented 37% of employee medical costs.

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.

Long Term Disability Insurance Benefits Denied Because of Transferable Skills | St. Petersburg Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)11139 — Tue, 21 Apr 2009 08:00:00 EST

My long term disability carrier says I have "transferrable skills" and is denying my claim for benefits. What are transferrable work skills? Transferrable work skills are skills that are transferrable to a similar or related job. The long term disability carrier will have a vocational rehabilitation counselor review your file to determine whether you have skills that are transferrable to other jobs. It is common to see this done when the standard of proof for your long term disability benefits changes from the inability to engage in your own occupation to an inability to engage in any other occupation by virtue of your age, education, or work experience. In determining whether you have transferrable skills, there are seven steps which have been described in an article entitled Strategies for the Rehabilitation Consultant: Transferability, Loss of Employment, Loss Earning Capacity and Damages, by Timothy F. Field, Ph.D

If your claim for long term disability benefits has been denied because you have "transferrable skills", call St. Petersburg Disability Insurance lawyer Nancy Cavey, who specializes in getting you the disability insurance benefits you have been denied at 727-894-3188.

Denied Long Term Disability Benefits Because of the Lack of Medical Treatment | Tampa Bay Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)11136 — Tue, 21 Apr 2009 08:00:00 EST

I am often asked if a long term disability carrier can deny a claim for long term disability benefits because my client can't afford to get medical treatment?

It is not uncommon for a long term disability recipient to lose their health coverage and be unable to obtain medical treatment. On the other hand, there are long term disability applicants whose medical condition is stable and while they remain disabled, there is really no treatment that would result in any significant improvement. While, in some circumstances, failure to seek treatment or failure to follow a prescribed treatment can be used as a basis for denying long term disability benefits. This is commonly seen in circumstances where the long term disability applicant's complaints about disabling pain cannot be objectively determined.

In cases where medical treatment is unlikely to be successful or provide any significant improvement, the Court has excused the failure to obtain regular and continued medical care. If your long term disability carrier is threatening to stop your long term disability benefits because you are not receiving regular or continued care, contact Nancy Cavey of Cavey & Barrett to learn your rights and entitlement to continued long term disability benefits by clicking the link or calling us at 727-894-3188.

What are Social Security Disability work credits? | Tampa Bay Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)11131 — Tue, 21 Apr 2009 08:00:00 EST

The Social Security Administration runs two separate disability benefits programs - Social Security Disability and SSI. While the qualifications for disability in each program are the same, the eligibility requirements are completely different. What do we mean? Under the Social Security Disability program you have to be insured for coverage. You must have worked a certain number of work credits within a specific period of time. That means, for an adult, that you have earned 40 work credits, 20 of which were earned in the last 10 years.

What's a work credit?

You receive one work credit per quarter for every 1000 hours you work, and you can receive up to four credits per year. Sometimes the Social Security Administration will question whether or not you have enough quarters of coverage. At Cavey & Barrett we can help you review the information that Social Security has received about your work credits to ensure that you have properly gotten credit for the work that you have done. This can make the difference between being eligible for social security disability or SSI.

Under the SSI program there is no work credit requirement, and it exists to provide benefits to those who are not insured for Social Security Disability. However, there is also an asset test. There are very significant limitations on the assets that you can have, and you can be penalized for your spouse's earnings. In fact, your spouse's earnings may make you ineligible for SSI. If you have been denied for lack of quarters of coverage, contact Sharon Barrett at Cavey & Barrett immediately so we can determine whether or not you have the right number of work credits to make you eligible for Social Security Disability 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.

Picking a Disability Insurance Company | St. Petersburg Disability Benefits Attorney

cavey@tampbay.rr.com (Blog Author)11105 — Mon, 20 Apr 2009 08:00:00 EST

Buying the right policy for you can be a trying and difficult task. There are many different factors in policies to consider and you can make the wrong choice because you don't understand the correct variables or contractional language.

The variables include:

1.) Whether or not your disability is predictable and resulting from a previously known chronic illness.
2.) Is the disability work related?
3.)Are you partial or fully disabled? Can you perform any job? What is the payout amount? What is the frequency? What is the duration?
4.) Are there any offset provisions?

You should review a copy of each of the proposed contracts because there is a lot riding on you finding the right policy for you. Picking a Long Term Disability policy simply shouldn't be based on getting quotes. You have to be patient and diligent to make sure that you get the right policy that meets your needs.

Pay particular attention to discretionary clauses, exclusions, and limitations. The process of selecting the appropriate insurance policy can be complicated and you should exercise patience and care in finding the disability policy that fits your needs.

Picking a Disability Insurance Company.

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.

Economic Stimulus Package helps Social Security Recipients | St. Petersburg Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)10994 — Thu, 16 Apr 2009 08:00:00 EST

The American Recovery and Reinvestment Act (Stimulus Bill) has been signed into law. Congress has authorized a one-time payment of $250.00 to most Social Security, Social Security Disability Insurance (SSDI), and Supplemental Security Income (SSI) beneficiaries. Additional payments to those who are eligible during November and December of 2008 and January 2009 will beging to recieve payment in early May.

The Social Security Administration (SSA), explains that payments will be distributed in the same manner that beneficiaries receive their usual payments (i.e, check, debit card, direct deposit), althought the payment will not be included in the same transaction of the regular monthly payment. Social Security beneficiaries should be looking out for two (2) separate payments during the month of May.

All recipients with special needs who receive both SSDI and SSI will only receive one (1) payment of $250.00. Those beneficiaries under the age of 18 who are collecting SSDI will not receive any payment. The Social Security Administration says, those receiving a payment do not have to worry about the additional income affecting their government benefits. The stimulus payment does not count as "income."

The Social Security Administration has created an online pamphlet describing the payments and providing additional infomation for Social Security recipients. To read more click here.

We at Cavey and Barrett also want to see you a free copy of our Social Security book, "Your Rights to Social Security Disability Benefits: Information the Social Security Administration rarely tells you about your Claim."

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.

Federal Judge calls Fair Labor Standards Act a "Nuisance" | Tampa Bay Disability Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)10918 — Mon, 13 Apr 2009 08:00:00 EST

The Honorable Judge Kenneth L. Ryskamp, of the Federal District Court for the District of South Florida recused himself after the attorney for Michael Guttentag filed a Motion for Judicial Disqualification and Recusal. In the Guttentag vs. Abercrombie &Fitch Stores, Inc. case, Mr. Guttentag’s attorney cited to the Judges statements in prior cases referring to all Fair Labor Standards Act (FLSA) claims as a “Nuisance.” The motion also highlighted language from previous orders written by the judge referring to Fair Labor Standards Act cases as “just a lawyer’s retirement bill.”

Should a person charged with interpreting the law show such a bias? To read the entire Motion click this link: Plaintiff, Michael Guttentag’s, Motion for Judicial Disqualification and/ or Recusal; Motion to have Instant Motion referred to Chief Judge Moreno; Motion for Stay Pending Resolution of Disqualification/Recusal; and Request for Expedited Ruling.

Let us at Cavey and Barrett help you with your Fair Labor Standards Act needs. We have no obligation books and informational materials that we can send you free of charge. If you need help with your Social Security Disability claim, Long Term Disability claim, Wage and Hour dispute, or Workers' Compensation claim let us help you. Click the link or call 727-894-3188.

If the Social Security Administration isn't going to pay my benefits soon I'm going to lose my house, what should I do? | Tampa Bay Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)10723 — Tue, 07 Apr 2009 08:00:00 EST

In these desperate economic times, the long wait for a Social Security Disability hearing, can make the difference between eating, getting medical care, or even losing your home. With little money coming in, a lot of people wonder how to pay for rent, utilities, and groceries and wonder whether or not they should get a job.

The Social Security Administration’s definition of disability looks at whether or not you have or are likely to miss twelve consecutive months of employment because of your impairment. Attempting to work while your case is pending may be a problem depending on how long you work. If you stay at a job for more than three months, the Social Security Administration thinks that you have the capacity to perform what is called “substantial activity.” If you try to work here and there the judge will see that as an unsuccessful work attempt.

Don’t think the judge won’t know about your attempts to find a job because they will get wage earnings from any employer you have worked for. If you earn more than $940 per month before taxes in 2008 you are engaged in substantial gainful activity. If you limit your hours or see pay below minimum wage so that you stay below the SGA levels, the Social Security Administration will consider that fraud. You will risk being prosecuted for social security fraud.

You also have to be careful with the work activity that you do which may be light work such as a clerk or dispatcher, may suggest that you have the ability to work full time at a lesser exertion level. They aren’t any good answers to this situation and I suggest that you discuss any attempt to return to work with your Social Security attorney so that the advice you get is relevant to your case.

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.

How you can help your doctor help you win your Social Security Disability Claim | St. Petersburg Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)10722 — Tue, 07 Apr 2009 08:00:00 EST

You helping your doctor help you win your case? Isn’t that the doctors job? Well, actually, no. Do you know what is in your medical records? Do you why Social Security Disability gets your medical records? Social Security Disability claims are decided primarily based on the medical evidence in your file. That includes your doctors notes, discharge summary’s, physical therapy notes, and any residual functional capacity forms you doctors may review.

    Whether or not you get Social Security Disability benefits can come down to what medical evidence is in your file and what that evidence says about your ability or inability to work. It’s not about your diagnosis so much as the physical limitations that are caused by your medical condition. The Social Security Disability cases are won or lost on whether you medical conditions limit you so that you are unable to preform the work that you have done in the last fifteen years and whether or not those restrictions prohibit you from being able to do other employment.

    The Social Security Administration and the Administrative Law Judge that may review your file are looking for signs of limitations. Do you have difficulty sitting, are you unable to lift, do you have problems with your range of motion that restricts your ability to bend? Most doctors do an awful job of recording functional limitations in their medical notes. Quite frankly, it is not their fault because most of the patients do not come in to the doctor explaining their functional limitations rather they simply say that they hurt or that they may be better.

    It’s impossible for the Social Security Administration to determine what your physical capabilities are with those kind of notations. You can help your doctors help you by providing the doctor with a detailed written statement about the functional problems you have been having between each visit. If you have pain, let your doctor know. If you have trouble sitting, standing, or walking, you must let your doctor know. Your doctor isn’t going to ask you those questions because in large measure, they do not really impact diagnosis or treatment. Providing this information to your physician and having it in your medical chart will help you win your Social Security Disability Case.

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.

Are there different kinds of Social Security Disability Benefits? | Clearwater Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)10719 — Tue, 07 Apr 2009 08:00:00 EST

Yes, there are five (5) major types of Social Security Disability benefits. Our firm specializes in representing claimant’s who are seeking disability insurance benefits. Which is paid to individuals who have worked five out of the last ten years who are now disabled?

If your spouse has passed away you may be eligible for widows and widowers benefits. Your spouse must have worked enough under the Social Security Act to be insured, you must be at least 50 and you must have become disabled within a certain period of time after the death of your spouse.

Disabled adults child benefits are paid to a child who became disabled for age 22 and whose parents are now decreased who are drawing Social Security Disability retirement benefits. Disability insurance benefits, disabled widow/widower benefits and disabled child benefits are paid regardless of person wealth. The benefits are paid based on an earnings record.

Let us send you our free no obligation book, "Your Rights to Social Security Benefits." This informative book will explain the disability claims process in detail and reading it will not be a waste of your time!

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.

It's new and improved. The Social Security home page | Clearwater Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)10717 — Tue, 07 Apr 2009 08:00:00 EST

The Social Security Administration launched a new and improved homepage. The new look is more user-friendly. The page is open and clean. It follows the standard industry design by reducing clutter, improving navigation, and better utilizing graphics.

The new page has prioritized and featured the primary reasons why people contact Social Security. Those reasons have been placed in three locations on the new site. (1) Filing for retirement benefits, (2) Applying for disability benefits, and (3) Requesting a Social Security card or have prime real estate on the new and improved website.

If you take a look at the top portion of the new Social Security homepage you can find major program topics: Retirements, survivor benefits, disability benefits, supplemental security benefits, and Medicare.

The homepage also features an updated Frequently Ask Questions section and clickable links to other Social Security related websites.

Please be sure to check out the new and improved Social Security Administration homepage at http://www.socialsecurity.gov

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.

When should I get a Social Security Disability Attorney? | Tampa Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)10499 — Wed, 01 Apr 2009 08:00:00 EST

The answer depends on you and your needs. We find that some claimants benefit from having representation at Cavey & Barrett from the very beginning so that they understand the Social Security Disability claims process and get assistance in filling out the initial application. Others find that Cavey & Barrett assists them in avoiding missed deadlines and having to avoid the stress of dealing with the Social Security Administration.

Most often then not, Social Security Disability applicants come to Cavey & Barrett after their initial application has been denied. While we are more than happy to represent you at any stage inthe Social Security proceedings, we think that getting an attorney after the first denial is crucial in advancing your claim to the hearing stage.

At Cavey & Barrett, we think that waiting to get representation until just before your Social Security hearing is tempting fate. Why? During the course of your claim, Cavey & Barrett make sure that the Social Security Administration recieves your ongoing medical records and is kept up to date with your medical treatment. We prepare a brief for the court prior to the hearing, setting forth the reasons why your claim should be accepted and, of course, if we have to go to a hearing, we prepare your court hearing. Waiting till the last minute doesn't help anyone prepare for your big day in front of the Administrative Law Judge.

Let us at Cavey & Barrett, your Tampa Social Security lawyers assist you through the process. We are some of the foremost experts on Social Security law in Florida. We know exactly what it takes to get a disability claim approved, and we take pride in helping you get through the process successfully. Let us send you our free no obligation book "Your Rights to Social Security Disability Benefits: Information the Social Security Administration Rarely Tells you about your Claim."

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.

New FEMA Study Supports First Responder Firefighter Claims under Heart and Lung Act | Sarasota County Wage and Hour Attorney

cavey@tampbay.rr.com (Blog Author)10156 — Sat, 21 Mar 2009 08:00:00 EST

A new medical study, funded by FEMA to determine if first responders are at risk of suffering sudden death or other cardiac events, has found that firefighters have cardiac disease more frequently than the U.S. population.

In an article written by FireRescue1 staff, it was noted that "one third of the firefighters tested had heart disease that is unrelated to traditional risk factors like hihg cholesterol." Dr. Superko, a heart disease expert and lead investigator in the study, commented "Those results are astounding and point at job duties and environmnet as the primary determinants for early death in our first reponders."

Many Florida First responder workers' compensation claims are denied on the basis the Florida firefighter or law enforcement officer has "personal" risk factors that overcome the Heart and Lung Act. This study will help Florida First Responder attorney Nancy Cavey help first responders get Florida workers' compensation benefits.

If you have any questions about your Florida first responder claiim, contact Tampa/St. Petersburg based workers' compensation attorney, Nancy Cavey at 727-894-3188.

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.

Has Your Claim for Long Term Disability Benefits Been Denied Because You "Did Not Put Forth Your Best Efforts In Psychological Testing?" | Florida Long Term Disability Lawyer

cavey@tampbay.rr.com (Blog Author)10139 — Fri, 20 Mar 2009 08:00:00 EST

Long-term disability carriers routinely hire companies such as the Reed Group, to review long-term disability claims. Unfortunately, the Reed Group will use, as a basis for denying claims, an allegation that a psychiatrically disabled person hasn’t put forth their best efforts in neuropsychological testing based on tests of memory validity. The Reed Group will conclude that you haven’t been “cooperating” under the terms of the plan. As a result, your cliaim for long term disability benefits will be denied.

If your claim for long-term disability benefits has been denied or the long term disability carrier wants to send you to a neuropsychiatry examination, contact Florida long term disability attorney Nancy Cavey immediately. Attorney Nancy Cavey has wrriten the book "Robbed of Your Peace of Mind" which explains how the long erm disability insurance company will try to deny your claim for ERISA/long term disability benefits and what you can do to protect yourself.

You can order a free no-obligation copy of this must have book for long term disability applicants and those whose claims have been denied.

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.

Obama Takes on Health Care | Tampa Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)9825 — Tue, 10 Mar 2009 08:00:00 EST

Health care in America is in shambles!

At Cavey and Barrett we often see clients who have lost their health care as a result of injury or disability which is just the time they desperatey need health care. There is often a gap in time from when a disabled person who is applying for Social Security loses their group health insurance and their entitlement to Medicare.

President Obama has pledged to address health care and we hope the U.S. Congress will reach a bi-partisan solution to this complex, expensive and crushing problem.

L.A. Times writer, Doyle McManus, has written an insightful article about President Obama's health care plan which will benefit all Americans.

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.

Injured on the Job in Iowa? Get the Consumer Guide to Iowa Workers' Compensation Law! | Tampa Bay Disability Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)9824 — Tue, 10 Mar 2009 08:00:00 EST

Have you been injured on the job in Iowa or have a loved one who has been injured on the job in Iowa?

Iowa workers' compensation lawyer, Corey Walker, has written Iowa Workers Compensation - An Insider's Guide
to help injured Iowans understand the money and medical benefits they are entiltled to as a result of an injury whiile at work and their responsbilities under the Iowa workers' compensation law.

As a lawyer who has represented injured Florida workers for over 29 years, I can't tell you how important it is that injured workers' have an easy to ready and complete guide to the workers' compensation law. Each state has a different workers' compensation law and Corey has taken the mystery out of the Iowa workers's compensation law.

If you have been hurt while working on the job in Iowa, order Corey Walker's book Iowa Workers Compensation - An Insider's Guide and visit his website.

The 2009 Economy and the Payment of Long Term Disability Benefits. | St. Petersburg Long Term Disability Lawyer

cavey@tampbay.rr.com (Blog Author)9799 — Tue, 10 Mar 2009 08:00:00 EST

At Cavey & Barrett we are seeing a "slow pace strategy" by long-term disability carriers. We have found that carriers aren't "receiving paperwork," asking for the same information over and over, suggesting that they need information, indicating that there is a delay in getting information from physicians. These are all delay tactics that the long term disability carriers are using to delay payment to you.

With stock prices down and a lack of investment income earnings, disability insurance companies are taking longer to determine disability claims and to pay long-term disability benefits.

If you are experiencing any of these problems with your long-term disability or ERISA carrier, immediately contact Nancy Cavey at Cavey & Barret, a St. Petersburg disability insurance lawyer, to assist you in your long-term disability claim. There are things that can be done to expedite the handling of your long-term disability or ERISA claim. Remember, long-term disability insurance companies think that they can outlast long-term disability claimants. Our advice and counsel help you understand what your carrier is doing and help you prepare yourself financially.

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.

What Is ERISA and Why Should I Care if I am a Long Term Disability Applicant? | Florida Long Term Disability Lawyer

cavey@tampbay.rr.com (Blog Author)9700 — Sat, 07 Mar 2009 08:00:00 EST

If you have a long term disability policy through your employer you may not have the peace of mind you thought you bought. Nancy Cavey, a Florida long term disability lawyer, has written an article about the difference between a long term disability policy you have bought from a disability agent and an ERISA policy who have gotten through your employer. The difference is like night and day and can make a big difference to the financial stability of your family.

You may not have the protection for disability you thought you had when you bought your long term disability policy.

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.

Mental Consultative Examination and Your Social Secuirty Disability Case | Clearwater Disability Claim Application Lawyer

cavey@tampbay.rr.com (Blog Author)9609 — Wed, 04 Mar 2009 08:00:00 EST

If the disability examiner or judge notes in your medical records that you are “depressed” or “anxious,” the Social Security Administration may be obligated to send you for a mental consultative examination even if you don’t claim to be depressed or anxious on your application and have never sought treatment.

Most often these consultative examinations are scheduled because your records indicate that you haven’t seen a doctor recently or because there might be a condition for which you never received treatment. I have written an article about preparing for you consultative examination. If you are scheduled for a Social Security Disability mental consultative examination, call Tampa St. Petersburg Social Security Disability lawyers, Cavey & Barrett.

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.

The Most Common Way to Get Awarded Social Security Disability Benefits | Sarasota Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)9604 — Wed, 04 Mar 2009 08:00:00 EST

The most common way to get Social Security Disability Benefits is based on a medical/vocational allowance. The Social Security Administration analyzes a claim for Social Security Disability benefits by determining whether or not you are able to do the lightest job you have held in the last 15 years and whether or not you are able to do other work.

St. Petersburg Social Security Disability Lawyer Nancy Cavey has written a new article about how the Social Security Disability Examiner applies the medical and vocational allowances to claims for Social Security Disability 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.

Your Rights to Overtime Wages and Attendance at Meetings | Bellaire Beach Wage and Hour Lawyer

cavey@tampbay.rr.com (Blog Author)9512 — Sun, 01 Mar 2009 08:00:00 EST

The Fair labor Standards Act (FLSA) says that if you have work overtime you are to be paid for any additional work you did over and above a standard 40 hor work week.

If you are an hourly worker who is required to attend a meeting or do training outside of your regular work hours, you may be entitled to overtime pay.

For example, if you are asked to come in before your shift to learn about a new product or to stay after your shift to meet with a vendor, you may be entitled to Floirda overtime wages.

Contact Cavey and Barrett, your Florida wage and hour lawyers, for more information about your rights to overtime wages.

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.

What Every Medical Professional Needs to Know about Disability Insurance Policies | Medical Professionals Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)9509 — Sun, 01 Mar 2009 08:00:00 EST

Every medical professional should have a long term disability policy to protect themselves and their family if they became disabled. Do you know the 3 different types of long term policies or the advantages/ disadvantages of each. Nancy Cavey, a long term disability attorney who specializes in helping medical professionals with their disability claims, has written an article, "What Every Medical Professional Needs to Know about Disability Insurance"

Make sure that you have protected your income and standard of living!

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.

What is a Social Security Disability Listing? | Bradenton Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)9508 — Sun, 01 Mar 2009 08:00:00 EST

The Social Security Administration reviews your medical records to determine if your condition meets what is called a "Listing of Impairments."

I like to think of the Listing of Impairments as a cookbook of disabling physical and mental conditions. Just like a cookbook, you have to meet all of the listed requirements for a particular condition to "meet a lsting". If you don't have each and every element, you don't meet a listing and have to establish your entitlement to Social Security Disability benefits by a medical-vocational allowance.

If you have more than one disabling medical condtion, those conditions can be combined to determine whether or not you meet a lisitng.

This can be confusing and if you have any questions about your rights to Social Security disability benefits, you can order your free copy of Cavey and Barrett's book, "Your Rights to Social Security Disability 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.

How Difficult is it to Get Long Term Disability Benefits? | Florida Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)9493 — Sat, 28 Feb 2009 08:00:00 EST

The long term disability insurance company is in the business of collecting premium dollars and not paying out dollars!

The long term disability claims process is lenghty and complex. Nancy Cavey, a Florida based long term disability lawyer, has written a consumer's guide, "Robbed of Your Peace of Mind, to assist you in understanding your long term disability policy and the mistakes that can destroy your long term disability claim.

Dealing with the long term disability insurance company when you are ill, in pain, and taking medication can be very difficult.

Cavey and Barrett specializes in private and group disability insurance claims. Disability lawyer Nancy Cavey will assist you through the claims process. You can order a free copy of her book, Robbed of Your Peace of Mind, and schedule a no-obligation conference to discuss you long term disability claims questions.

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.

Court Rejects Reduction of Flordia First Responder's Wage Loss Benefits By Receipt of Pension | Clearwater Disability Benefits Attorney

cavey@tampbay.rr.com (Blog Author)9118 — Sat, 14 Feb 2009 08:00:00 EST

The employers of First Responders never give up and use any excuse to reduce the beneifts of Florida First Responders. Read how the City of Miami tried to reduce the benefits to one of the City's finest at "Court Rejects Reduction of Flordia First Responder's Wage Loss Benefits By Receipt of Pension".

For more information about your Rights to Florida Workers' Compensation Benefits under the Heart and Lung Act, contact Nancy Cavey, Florida's First Responder Lawyer.

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.

7 Tips for Long Term Disability Policy Holders Before Applying for Benefits | Tampa Bay Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)9117 — Sat, 14 Feb 2009 08:00:00 EST

Before applying for long term disability benefits there are 7 things you should do to protect yourself.

Nancy Cavey, Hillsborough and Pinellas County, Florida disability insurance lawyer, who has written a free consumer quide to long term disabiity policies called "Robbed of Your Peace of Mind" suggests that long-term disability applicants call and:

(1) get a copy of their policy;

(2) read the policy and the directions for filing their claim and follow every step;

(3) make a copy of everything you send to the disability carrier;

(4) send everything to the long term disability carrier with return receipt request to prove that you sent the material;

(5) if you speak with the adjuster, which Nancy Cavey does not suggest you do, document every telephone conversation;

(6) if you have a high monthly benefit policy, be prepared for surveillance. The disability insurance company will hire an investigator to videotape you;

(7) consider consulting Nancy Cavey to assist you through the disability claims application process. Nancy can assist you before you file, during, and after the claim has been filed;

(8) remember that disability insurance companies review files on an ongoing basis.

Simply being paid does not mean that your benefits will continue. If your checks start coming late or stop, contact Cavey & Barrett for assistance in protecting your rights to the long-term disability benefits by clicking the link or calling 727-894-3188 you paid for to protect your family.

Don't Be One of The 2/3 Who Fail to File an Appeal After a Denial Of Their Social Security Disability Claim | Tampa Disability Claim Appeal Attorney

cavey@tampbay.rr.com (Blog Author)9116 — Sat, 14 Feb 2009 08:00:00 EST

Unfortunately, an extraordinary number of Social Security Disability applicants who are denied benefits will decide to stop pursuing their claim, submit appeals that are too late to be accepted by the Social Security Administration, or try to start all over again by filing a new application.

It’s been estimated that almost two thirds (2/3) of Social Security Disability applicants who are denied their claim do not appeal. Isn’t that astounding?

Unfortunately, what many Social Security Disability applicants are told about the Social Security claims process is flat out wrong and is also a product of the failure of the Social Security Administration to fully explain your rights to Social Security Disability benefits.

At Cavey & Barret, your Tampa/St. Petersburg Social Security Disability lawyers, we offer a free consultation so we can help you decide whether or not pursuing a Social Security Disability claim is appropriate and to make sure that your appeal is timely submitted.

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.

Florida Overtime Wage Law Violations and Unpaid Breaks and Work at Home | Pinellas Park Wage and Hour Attorney

cavey@tampbay.rr.com (Blog Author)8987 — Tue, 10 Feb 2009 08:00:00 EST

Does your Florida employer give you work to take home and then refuse to pay your for the time you spent doing your "homework?"

If that has happened to you or a friend, you might be entitled to overtime pay if you are not an employee that is exempt from FLSA rules.

Exemptions are a tricky issue and if you have any questions about whether you are a non exempt employee who is entited to overtime for work over 40 hours, contact Florida overtime wage lawyers Cavey and Barrett at 727-894-3188 for a no-obligatoin wage rights audit.

Protect your wage and hours rights! Contact Florida wage and hours lawyers Cavey and Barrett today.

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.

Florida Overtime Wage Law Violations and Unpaid Breaks | Hudson Wage and Hour Lawyer

cavey@tampbay.rr.com (Blog Author)8986 — Tue, 10 Feb 2009 08:00:00 EST

One of the common Florida overtime wage law violations happens when you are not paid for breaks that are more than 5 minutes but less than 20 minutes or when you work through your lunch period. If you are eating your tuna sandwich and answering phones or typing during lunch hour you must be paid for that time.

If your Floirda employer has violated Florida overtime wage law by refusing to pay you for breaks or working lunches, contact your Florida wage and hour rights law firm, Cavey and Barrett, for a wage rights audit.

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.

Games Florida Employer's Play in Florida Overtime Wage Cases - Off the Clock | St. Pete Beach Wage and Hour Attorney

cavey@tampbay.rr.com (Blog Author)8985 — Tue, 10 Feb 2009 08:00:00 EST

At Cavey and Barrett, a St. Petersburg/Tampa based wage and hour law firm, we see Florida employers play games with Florida overtime wage laws by making employeed perform duties before or after your work day. That can include making your come in before your shift for a meeting or asking you work after your work day has ended. You should be paid overtime for the additional work you have done if you have worked more than 40 hours.

If that has happened to you, a family member, or friend call Cavey and Barrett for a wage rights audit at 727-894-3188.

Kentucky's New Cell Phone Law Supported by Kentucky Personal Injury Attorney Michael A. Schafer

cavey@tampbay.rr.com (Blog Author)8941 — Mon, 09 Feb 2009 08:00:00 EST

Many Floridians travel during the summer months to the cooler climate of Kentucky. My freind and fellow attorney, Michael A. Schafer has written an impassioned plea to the Kentucky legislature to ban the use of cellphones without using a headset or earpiece. Attorney Michael A. Schafer is a Kentucky personal injury lawyer who has seen the tragic results of using a phone while driving.

I support such legislation and I personally wear a telelphone headset while I am driving.

It amazes me to see people driving, talking on the phone, and waiving their hands through the conversation. Talk about divided attention!

Kentucky personal injury Attroney Mike Schafer has seen too many accidents in Kentucky caused by careless drivers chattering away like magpies. Do you and your family a favor by buying and using a headset in your car if you are going to be talking on your phone.

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.

The 2009 Economy and UNUM's Payment of Long Term Disability Benefits | Florida Insurance Disability Lawyer

cavey@tampbay.rr.com (Blog Author)8866 — Sat, 07 Feb 2009 08:00:00 EST

At Cavey & Barrett we are seeing a “slow pace strategy” and out right denial of valid claims by long-term disability carriers such as UNUM. This delay or denial is for the benefit of long term disability carrier. This aggressive claims handling has resulted in increased profits for UNUM. According to a UNUM Group Q1 2009 Earnings Call transript on May 4, 2009 "group disability earnings were 44% higher driven by strong risk results"... a fancy way of saying claims delay and denial .

With stock prices down and a lack of investment income earnings, disability insurance companies are taking longer to determine disability claims and to pay long-term disability benefits.

If you are experiencing any of these problems with your long-term disability or ERISA carrier, immediately contact Nancy Cavey at Cavey & Barrett to assist you in your long-term disability claim. There are things that can be done to expedite the handling of your long-term disability or ERISA claim. Remember, long-term disability insurance companies think that they can outlast long-term disability claimants. Our advice and counsel help you understand what your carrier is doing and help you prepare yourself financially.

You can order a no-obligation copy of Nancy Cavey's must read book "Robbed of Your Peace of Mind" which is all about the mistakes you can make in the long term disability claims process.

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.

Improving your chances of winning your Social Security Disability claim at the initial application stage | Clearwater Disability Claim Application Attorney

cavey@tampbay.rr.com (Blog Author)8865 — Sat, 07 Feb 2009 08:00:00 EST

Improving your chances of winning Social Security Disability benefits at the initial stage is rather simple. You can improve your chances by providing full and detailed information regarding your medical treatment, dates of treatment, and the addresses of all medical providers when you complete your disability application.

If your doctors are willing to support your Social Security Disability claim, you might want to obtain a detailed statement from your doctor setting forth your current physical or psychiatric limitations and restrictions. Having your doctor simply say that you are disabled won't help you win your Social Security Disability claim.

At Cavey & Barrett, your Tampa Bay Social Security lawyers, we can review your medical records and assist you and your doctor in providing a statement that will assist the Social Security Administration in evaluating your initial claim for Social Security Disability 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.

Is it hard to get Social Security Disability benefits for a mental problem? | Tampa Disability Claim Application Lawyer

cavey@tampbay.rr.com (Blog Author)8864 — Sat, 07 Feb 2009 08:00:00 EST

Unfortunately, Social Security Disability applicants with psychiatric problems are routinely denied Social Security Disability benefits.

Disability claims examiners who make the decision about your initial disability application and reconsideration have very little training in evaluating mental impairments and their insight into those conditions is non-existent.

They will read and summarize your medical records and take them to a unit psychologist for review.

Unfortunately, the unit psychology consultants are not very good and routinely render inaccurate opinions about the mental Residual Functional Capacity forms.

At Cavey & Barrett we work closely with disabled Social Security applicants with psychological and psychiatric problems. We consult with your mental health counselor and secure documentation of your ongoing treatment. We will have your mental health counselor complete Residual Functional Capacity forms that accurately reflect the impact that psychological problems have on your ability to function.

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.

Supplemental Security Income Benefits | Brandon Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)8863 — Sat, 07 Feb 2009 08:00:00 EST

Supplemental Security Income (SSI) is a disability program that is a needs-based program that takes into account your income and resources in determining your entitlement to Social Security Disability benefits.

While you must meet the disability requirements of any disability applicant, you must meet certain income and resource requirements.

Social Security will consider any wages, unemployment, short and long-term disability, land, checking accounts, vehicles, spouse’s income when determining whether you’re entitled to SSI. If you meet both the medical disability and income requirements, you will receive monthly disability benefits.

Individuals who are not insured for Social Security Disability benefits purposes because they do not have sufficient credits accrued become eligible for SSI. Unfortunately, many are not entitled to SSI because of their resources and income. For more information about the resource and income requirements for SSI, contact Sharon Barrett at Cavey & Barrett, your Tampa based Social Security Disability experts.

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.

What happens if I collect Social Security benefits while working? | St. Petersburg Disability Claim Appeal Lawyer

cavey@tampbay.rr.com (Blog Author)8862 — Sat, 07 Feb 2009 08:00:00 EST

Well, you're in big trouble! You can be reported for Social Security Disability fraud.

There can be an assessed overpayment that can run into thousands of dollars that will follow you to the grave. Social Security can recoup overpayments until you die. Alternatively, they can stop your benefits, which means you'll have to start all over again in the disability evaluation process and prove that you are disabled. Remember that you are jeopardizing your entitlement to Medicare or Medicaid if you work while Social Security Disability benefits or SSI.

Please note that at Cavey & Barrett, Tampa Bay based Social Secuity Disability lawyers, we do not represent individuals who work while collecting Social Security Disability 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.

Virginia Women's Only Divorce Law Firm and Attorney Charile Hoffheimer | Clearwater Disability Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)8463 — Mon, 26 Jan 2009 08:00:00 EST

Divorce or custody disputes are brutal regardless of what state you live in.

Many times I am asked to make a referral to a client who has a family member who lives out of Florida.

Charlie Hoffheimer, a Virginia Beach based diivorce lawyer who only represents women, in divorce and custody matters. If you or a family member need a compassionate Virgiinia women's only divorce lawyer who is tops in his field, I suggest Charlie Hoffheimer.

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.

Attorney Jim Dodson's Book on Buying Car Insurance In Florida | Tampa Disability Benefits Attorney

cavey@tampbay.rr.com (Blog Author)8462 — Mon, 26 Jan 2009 08:00:00 EST

Do you know what kind of Florida automobile policy is right for you and your family? Do you know that car insurance is not just about buying PIP or liability coverage? Do you know that you can and should buy underinsured and uninsured motorist coverage to cover YOU and YOUR family as part of your Florida auto insurance coverage?

If you don't know these important facts, you should get Attorney Jim Dodson's book on buying auto insuarnce in Florida.

Clearwater personal injury lawyer Jim Dodson has written this auto insurance guide for all Florida drivers and it is a must read. Avoid making a BIG mistake by failing to get the right kind on insurance coverage. Attorney Jim Dodson steers you right and will help answer your questions about Florida auto insurance.

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.

Ohio Dog Bite Lawyer Chuck Boyk Writes New Book | Tampa Disability Benefits Disability Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)8460 — Mon, 26 Jan 2009 08:00:00 EST

My attorney friend Chuck Boyk, a Toledo, Ohio personal injury lawyer, has just written the Ohio Dog Bite Book. If you have any friend or family in Northern Ohio who have been involved in an auto accident or have been bitten by a dog, I suggest you contact Chuck. He is my go to guy in Toledo when I am asked for a referal in Northern Ohio.

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.

First Responders and Mitral Regurgitation | Brandon First Responders Workers' Compensation Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)8072 — Wed, 14 Jan 2009 08:00:00 EST

I am currently representing a Florida First responder with mitral regurgitation. What is it and is it covered under Florida's Heart and Lung Act?

Mitral regurgitation is the incomplete closing of the mitral valve causing flow from the left ventricle into the left atrium. The causes of mtiral regurgitation are a mitral valve prolapse, ischemic changes, or rheumatic fever.

Acute mitral regurgitation can cause acute pulmonary edema and shock or sudden cardiac death. Complications include gradual enlargement of the left atrium, enlargement and hypertrophy, and heart infection. Acute MR can require emergency or mitral valve repair or replacement.

A cardiologist will make the diagnosis based on echocardiography together with an ECG and chest x-rays.

Is this covered by the Florida Heart and Lung Act? If the mitral valve prolapse is congenital (as it is mostly), then the first responder presumption is probably overcome and the condition is not compensable.

If you have any questions about your Florida First Responder workers' compensation case, call Florida workers' compensation attorney Nancy Cavey at 727-894-3188.

Wage and Hour Rights for Nurses | Indian Rocks Beach Wage and Hour Lawyer

cavey@tampbay.rr.com (Blog Author)7718 — Fri, 02 Jan 2009 08:00:00 EST

Are you a Florida registered nurse who is working overtime hours?

The Fair Labor Standards Act (FLSA) provides an exemption from minimum wage and overtime pay for employees who are bona fide learned professional employees.

The exemption applies to nurses if ALL of the following tests are met:

1. The nurse must be salaried or paid less than $455.00 perweek;

2. The nurse's primary duty must be work that requires advanced knowledge and consistent exercise of discretion and judgment;

3. The nurse's advanced knowledge must be in the field of science or learning and;

4. The nurse's advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

The Department of Labor has issued a fact sheet that says "registered nurses who are paid on an hourly basis should receive overtime pay. However, registered nurses who are registered by the appropriate State borad generally meet the duties requirments for the learned professional exemption if paid a salary of at least $455.00 per week."

If you are nurse who is not being paid overtime, call Cavey and Barrett, your Tampa Bay wage rights lawyers at 727-894-3188 to learn if you are entitled to overtime pay.

Epilepsy and Your Social Security Disability Claim | Tampa Disability Claim Application Attorney

cavey@tampbay.rr.com (Blog Author)7717 — Fri, 02 Jan 2009 08:00:00 EST

I recently read a blog post on the Epilepsy Foundation forum about Talitha who has applied for Social Security Disability and is frustrated with the Social Security Disability application process.

She asked "How can I speed up the process to obtaining Social Security?"

If Talitha had come to the law offices of Cavey and Barrett, we would have explained that completing the initial application for Social Security accurately and completing are crucial to getting Social Security disability benefits. We would have told Talitha that her employment history, the side effects of her medication, and her memory problems need to be fully explained in her Social Security disability application.

Sharon Barrett, a former Staff attorney for Social Secuirty, would have also sent Talitha's doctors a Residual Functional Capacity form for Epilepsy to complete. There are many things you can do during the initial social security disability application process that will help you get benefits.

If you are epileptic and are thinking about applying for Social Security disability, contact Cavey and Barrett, St. Petersburg, Florida social security disability lawyers.

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.

How to Avoid the 23 Mistakes You Can Make When The Long Term Disability Carrier Wants to Take Your Statement | Florida Long Term Disability Attorney

cavey@tampbay.rr.com (Blog Author)7590 — Fri, 26 Dec 2008 08:00:00 EST

Has the long-term disability carrier just announced they want to take your statement? Nancy Cavey, a Florida-based long-term disability ERSIA attorney, has written extensively on how you should prepare for the statement and how to avoid a 23 mistakes you can make when a long-term disability carrier tries to take your statement.

If you have any questions about how to prepare for this crucial event in your long term disability/ERISA claim, contact Tampa Bay attorney Nancy Cavey buy clicking the link or by calling 727-894-3188.

Helping the Social Security Administration Award You Your Disability Benefits | Sarasota Disability Claim Application Lawyer

cavey@tampbay.rr.com (Blog Author)7130 — Mon, 08 Dec 2008 08:00:00 EST

How can you help the Social Security Administration with their decision to award you Social Security Disability benefits? You can improve your chances of being awarded Social Security Disability benefits by providing full and detailed information regarding your medical treatment, including the names and addresses of the physicians who saw you, the dates of treatment, and the kind of medical treatment you received.

If you feel that your treating doctor supports your claim for Social Security Disability benefits, you might want to get a detailed statement from your doctor that sets forth what your current physical restrictions and limitations are so that the reviewer and/or administrative law judge can determine your entitlement to Social Security Disability benefits.

You can improve your chances of an award of Social Security Disability benefits by finding a qualified Social Security Disability attorney, like Sharon Barrett, who can assist you in completing the initial Social Security application and any appeals.

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.

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

cavey@tampbay.rr.com (Blog Author)7115 — Mon, 08 Dec 2008 08:00:00 EST

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.

Will The Long Term Disability Carrier Spy on Me? | St. Petersburg Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)7000 — Thu, 04 Dec 2008 08:00:00 EST

Yes! I tell every long term disability/ERISA claim applicant that the long term/disabiity carrier will place surveillance on you. They will ask you to complete Activities of Daily Living forms and then try to catch you doing something you said you could not do. They will then confront you with the film and try to get you to sign a statement saying you are not telling the truth.

I have written extensively on How To Prepare for Your Statement And Home Visit.

Disability Lawyer Nancy Cavey, based in St. Petersburg, can help you with your long term disability/ERISA claims application, preparing for your statement and denied claims.

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.

Diagnosis and Treatment of Esophageal Cancer | Spring Hill Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)6934 — Tue, 02 Dec 2008 08:00:00 EST

If you suffer from esophageal cancer you might be eligible for Social Seurity Disability benefits.

Jane E. Brody, who writes a Personal Health column in the New York Times, authored an article "Finding and Treating, Esophageal Cancer". This article explains how chronic irritation of the esophagus by stomach acid (GERD) can cause esophageal cancer, simpler, and safer alternatives for diagnoising and treating esophaleal problmes and how these problems can be prevented.

Cavey and Barrett, Pinellas and Hillsborough Social Security lawyers, suggest you see you doctor if you have heart burn or GERD for treatment and early detection of esophageal problems. We have written the book all Social Security disabilty applicants should read "Your Rights to Social Security Disability." You can order your free copy.

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.

Wearing Clean Underwear | Sarasota Disability Benefits Attorney

cavey@tampbay.rr.com (Blog Author)6758 — Fri, 28 Nov 2008 08:00:00 EST

Have you ever thought about what would happen to your children if you were seriously injured or even killed in an accident?

While we all hope this never happens, it does! Just here in Tampa Bay recently, a woman was driving on the wrong side of the road and killed the single mother of a young child. I only hope she had read Wearing Clean Underwear. This is a book by California attorney Alexis Martin Neely, who has appeared on national TV, to promote her book, about making sure your children are protected and provided for if tragedy strikes. If you would like a free copy of Wearing Clean Underwear contact Nancy Cavey.

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.

Signing Long Term Disability/ERISA Medical Release Can Destroy Your Claim | Tampa Bay Long Term Disability Lawyer

cavey@tampbay.rr.com (Blog Author)6757 — Fri, 28 Nov 2008 08:00:00 EST

The long term disability/ERISA carrier may ask you to sign medical releases. Be careful because you do so at your own risk. The carrier will use that release to talk with your doctor about your medical condition and deny your claim for long term disability benefits.

The long term disability/ERISA carrier will also try to get your doctors to agree with their doctor's assessment about your ability to work or have them look at surveillance film. That will destroy your claim!

Don't give them access to your doctors by signing a medical release!

Read an article Virginia attorney Ben Glass wrote about signing insurance company releases.

If the long term disability/ERISA carrier insists sign a release call Nancy Cavey, an experienced long term disability/ERISA attorney, based in St. Petersburg Florida.

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.

Social Security Shows Some Compassion in Cancer Disability Claims | New Port Richey Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)6534 — Mon, 24 Nov 2008 08:00:00 EST

Social Security disability cancer cases tear us apart at Cavey and Barrett.

Most cancer patients are uninsured and that means delay in or lack of treatment. Delay in getting necessary tests and treatment makes it difficult to establish you will be disabled for 12 months and provide medical evidence of your disability.

Some states have Set up Quick Disability Determination Processes that allow the state agency to call doctors to get specific evidence that is needed. That does not happens in cases going through the normal process. Rarely, does the Social Security claims examiner ever try to talk to your doctor.

The state disability determination offices aski doctors for information that explains the functional limitations caused by the cancer, whether the patient meets an appropriate cancer listing, what the effects of therapy are and the side effects of medications.

Unfortunately, at Cavey and Barrett we have had to get members of Congress involved to expedite decisions in cancer cases. I am glad to see that the Social Security administration understands the need for compassion allowances in cancer cases.

If you are having difficulty getting your Social Security disability benefts for cancer,calll an attorney right away. Experienced Social Security disability attorneys, like Nancy Cavey or Sharon Barrett in St. Petersburg and Tampa, Florida, can help you with a compassionate allowance for your Social Security Dsabilty cancer case.

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.

Emma Murray Saves the Day for First Responders | Spring Hill First Responders Workers' Compensation Benefits Attorney

cavey@tampbay.rr.com (Blog Author)6402 — Thu, 20 Nov 2008 08:00:00 EST

The Florida Supreme Court ruled in favor of all injured Forida workers, including Florida First responders, and overturned the 2003 Florida workers' compensation attorney's fees provisions that reduced attonrney fees in Emma Murray v. Mariner Health, 33 Fla. L. Weekly S845.

The Florida legislature changed the attorney fee provisions of 440.34. Florida workers compensation attorneys, like Nancy Cavey, were paid attorneys fees by the workers compensation carrier if they successfully obtained workers' compensation benefits. There are two ways the fees were calculated.

The first way allowed a workers compensation hearing attorney to be paid based on the hours they worked on medical or money benefits they got for the injured Florida worker. The other method was to pay the workers' compensation attorney, a percentage, based on the value of the benefit secured. In other words, if a workers' compensation lawyer like Nancy Cavey, obtained the payment of a nuclear stress test, which cost $3000, her fee would be 10% of 3000 or $300. If she spent 20 hours getting that benefit, Nancy Cavey would be paid $200 an hour or $4000.

In 2003, the Florida legislature limited attorneys fees to the value of benefit secured. Obviously, a worker's compensation attorney would find it impossible to keep the doors open and pay bills if the fees were limited to the value of benefits secured. While many workers' compensation attorneys left the practice, Tampa Bay workers' compensation attorney, Nancy Cavey, continued to represent inured Florida workers with valid claims for medical or compensation benefits.

The Murray decision found that Florida workers' compensation attorneys should be paid based on hours worked and not benefits secured. This is a great decision for the injured workers' and First Responders of Florida!

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.

Something for Nothing - Do You Really Need a Lawyer to Represent You In Your Social Security Claim | Port Richey Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)6321 — Tue, 18 Nov 2008 08:00:00 EST

You have heard the old song, "Something for nothing!". Well, that is exactly what you get when you try to represent yourself. The Social Security Disability claims process is complex and confusing. At Cavey and Barrett, we think the Social Secuirty disablilty claims process it is designed to discourage people in need from getting the Cavey and Barretts that are due!i

Social Security numbers show that at least 60% of Social Security Disability applicants who are represented are approved for disability! That means that over 40% potentially wrongfully denied Social Security Disability benefits.

In my experience, anyone who thinks they will be awarded benefits after the Judge hears their story is simply wrong.

It is in your best interest to get representation are early as possible. Sharon Barrett can explain the Social Security Disability process to you and answer your questions.

Cavey and Barrett, Tampa Bay Social Secuirty lawyers, is paid from your back benefits up to 25% of the back benefits up to $5,300.00. If we do not win, there is no fee. Some people don't want to pay for representation and would rather take their chances. Most get what they paid for - nothing.

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.

Cavey's Legal Dream Team - Utah Personal Injury Law Firm | Bradenton Disability Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)6275 — Mon, 17 Nov 2008 08:00:00 EST

Cavey's Legal Dream Team has roots in Utah!

Many of you know I spend a lot of time in Utah. My husband, Emerson, teaches AP English at Shorecrest and one of his favorite books is Desert Solatare by Edward Abbey. The book is set in Arches National Park. We we have hiked the park 3 times and visited most of the Arches.

There are lot's of dino fossils and tracks in Utah. Josh went through the dino stage and I have a picture of Josh when he was 6 years old sitting in a dino track outside Moab!

If you have seen the front of my truck you know I have a "SKI UTAH" plate on the front. My favorite place to ski is Alta, Utah and you know I ski a lot!

When I travel I always try to find a lawyer who shares the same values I have so if I have to refer a client or their family to a lawyer, I know they will be taken care of just like I take care of you. As a trusted legal advisor, I am often asked about out of state lawyer referrals.

In my travels, I have met and gotten to know Kenny Christensen of Draper... just outside of Salt Lake. He specializes in personal injury law in Utah.

Kenny is talented, thoughtful and takes action. He has written the book about the 7 Biggest Mistakes That Can Ruin Your Utah Auto Case That's what makes Kenny part of my dream legal team!

Now, if I could just get him on skis!

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.

Cavey's Dream Team - Phoenix Husband and Wife Legal Team Mark and Alexis Breyer

cavey@tampbay.rr.com (Blog Author)6274 — Mon, 17 Nov 2008 08:00:00 EST

Do you know I am a trusted legal advisor to many of my cients? Many times my clients will have family or friends injured while traveling in other states. I often will get a call that asks if I can recommend a lawyer in another state.

I have created a handpicked network of lawyers throughout the United States and Canada just for my clients. You know how demanding and picky I am with your case! I am just the same when it comes to making recommendations to you! I have personally met each attorney at least three times and have spent time with them to get to know them.

I would like to introduce you to the Phoenix, Arizona, husband and wife attorney team of Mark and Aleixs Breyer. Mark and Alexsi have represented people injured in Arizona since 1996. This leading Phoenix personal injury team are personally involved in every case, and are compassionate and caring people whose team work is great!

Mark and Alexis Breyer are the parents of lots of children... I can't keep count... and are actively invloved in the Hispanic community in Phoenix. They complement each other in their legal practice, marriage, and family. What an awesome combination!

If you or a friend need an attorney in Arizona, I suggest you contact them!

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.

The Holidays and Divorce | Brandon Disability Benefits Attorney

cavey@tampbay.rr.com (Blog Author)6272 — Mon, 17 Nov 2008 08:00:00 EST

The holidays can be a great source of martial stress and for some, just a prelude, to a New Year's divorce.

But, before you think about ending your marriage, there are a lot of things you should think about. Not many lawyers I know have written a book, much less have a blog, about this painful subject. If you are thinking about diivorce, I would recommend you visit Alabama Family Lawyer Mike Sherman's blog http://www.alabamafamilylawblog.com/.

Why would I send you to an Alabama lawyer's blog when you live in Florida? Well for several reasons! First, I personally know Mike and the fine work he does. Second, regardless of where you live, the same questions come up when someone is thinking about this painful step. Third, Mike gives martial advice... how many divorce lawyers give that kind of advice? Lastly, he has a blog full of things that will make you think thoughtfully about your life, your family, and the big decisions you face.

Regardless of where you live, Mike's writings are a must read.

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.

Your Florida Supplemental Wage Loss Benefits Can't be Reduced by Your Post Injury Pension | Bradenton Pension Disability Claims Attorney

cavey@tampbay.rr.com (Blog Author)5873 — Sun, 02 Nov 2008 08:00:00 EST

If an injured Florida worker has a permanent impairment rating of at least 20% after having reached maximum medical improvement, the workerr might be entitled to Florida worker's compensation supplemental wage loss benefits. That worker may also be entitled to Florida city and state pension disability benefits and workers' compensation benefits at the same time. How do these benefits interact and can your workers compensation benefits be reduced?

Florida permanent impairment or supplemental wage loss benefits are very valuable money benefits and, depending on your average weekly wage and compensation rate, could be in excess of $50,000.

The City of Miami Beach attempted to reduce those benefits by the receipt of a pension in the case of Wilder v. City of Miami Beach, 33 FLW D2436 ( October 24, 2008)

The First District Court of Appeal said "No!"

F.S. 440.15(3)(b)1 says that an injured Florida worker will get supplemental wage loss benefits, if the claimant "has not returned to work, or has returned to work earning less than 80% of the employee's average weekly wage," and if the claimant "has in good faith attempted to obtain employment commensurate with the claimants ability to work."

The court found that the phrase "has returned to work" implied that earning does not include money collected while not working, such as a pension or, for that matter, investment earnings. The court held that a post injury pension did not meet the common understanding of wages or earnings."

The court reversed the Judge of Compensation Claims ruling that denied the payment of supplemental benefits based upon the receipt of a pension after a workers compensation injury. Mr. Wilder will now be entitled to supplement loss benefits without any reduction for receipt of his pension. Has your employer attempted to reduce the receipt of your workers compensation benefits, because you're getting a post-injury city or state pension disability? If so, they can't do it!

I am finding that some Employer/Carriers are not determining the correct amount of an injured worker's permanent impairment rating and, as a result, injured Florida workers do not always get the correct amount of workers compensation benefits. As a result, we are referred our clients to independent physicians for an evaluation of the amount of the injured employee's permanent impairment rating and have filed claims for the payment of permanentits impairment or supplemental wage loss benefits.

If you have not been given a permanent impairment rating for the amount of your Florida workers' compensation impairment benefits and or supplemental wage loss benefits, please contact workers' compensation/Florida city and state pension disability lawyer Nancy Cavey who is based in St. Petersburg, Florida.

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 today!

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

cavey@tampbay.rr.com (Blog Author)5867 — Sat, 01 Nov 2008 08:00:00 EST

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.

Having a Fool for A Client and Hiring a Lawyer in Your Social Security Disability Case | Pasco County Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)5732 — Mon, 27 Oct 2008 08:00:00 EST

Abe Lincoln once said that a "person representing themselves has a fool for a client." While it is tempting to represent yourself in a Social Security Disability claim. Having an experienced Social Security attorney can make the difference between a claim deniald and an award of Social Security Disability benefits. In a series of blog posts, Nancy Cavey will discuss hiring an attorney for your Social Security Disability Claim.

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.

Shocking UNUM Reversal Rate of 41.7% | Tampa Disability Insurance Attorney

cavey@tampbay.rr.com (Blog Author)5662 — Fri, 24 Oct 2008 08:00:00 EST

UNUM entered into a Multi-State Agreement that required UNUM to reassess claims that
wer denied using the wrong claims standards.

The Claim Reassessment Process was completed in December, 2007, with
results as follows:
* 41.7% of the total claims reassessed (involving 9,672 claims)
were reversed in whole or in part, resulting in a cumulative total of
approximately $676.2 million of additional benefits either paid
immediately or reserved for future payments;
* 45.1% of LTD claims reassessed (involving 8,911 claimants)
were reversed in whole or in part, resulting in a cumulative total of
approximately $558.6 million of additional benefits either paid
immediately or reserved for future payments;
* 22.1% of IDI claims reassessed (involving 761 claimants) were
reversed in whole or in part, resulting in a cumulative total of
approximately $117.6 million of additional benefits either paid
immediately or reserved for future payments.

41.7 % reversal rate is amazing! Look how many times UNUM was wrong!

If you are insured by UNUM and your long term disabiliyt/ERISA claim has been denied, Nancy Cavey,
an experienced long term diability/ERISA lawyer, can help you with your disability appeal.

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.

Your Veteran's Disability Rating Can Help You Win Your Claim For Social Security Disability | Pinellas County Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)5200 — Thu, 09 Oct 2008 08:00:00 EST

It's hard to meet the five-step sequential evaluation for Social Security disability benefits. But veterans have an advantage!

Are you a veteran who's been given a disability rating by the Veterans Administration and are applying for Social Security disability benefits?

If the Veterans Administration found that your disability is "permanent and total" and "you are unable to secure and follow a substantially gainful occupation due to disability", the administrative law judge in a Social Security hearing must give great weight to the Veterans' Administration disability rating. The Veterans Administration's finding will help you meet the five-step sequential evaluation and may make it easier for you to obtain your Social Security disability benefits

File a copy any VA disability ratings you've received with the Social Security Administration as this will help with your Social Security disability claim.

if you have any questions about your rights to veterans disability benefits or Social Security disability benefits, contact Social Securityt disability Attorney Sharon Barrett.

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.

Help! The Long Term Disability Adjuster Wants to Take My Statement or Come To My House | Florida ERISA Disability Insurance Attorney

cavey@tampbay.rr.com (Blog Author)5075 — Sun, 05 Oct 2008 08:00:00 EST

Nancy Cavey, a long term disability/ERISA disability attorney, has written a "How To" Primer for every long term disability/ERISA claimant you gets a call from the adjuster saying they want to take your statement or come for a home visiit. This is not a social visit... more like Freddie Kreuger at your door! The trick will be on you if you are not prepared because you are being set up for surveillance or even termination of your benefits.

Learn how you can protect yourself!

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.

Dynamite Decision on Pre-Employment Physicals and First Responders | New Port Richey First Responders Workers' Compensation Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)4667 — Thu, 18 Sep 2008 08:00:00 EST

A dynamite decision was issued by the First District Court of Appeal on September 15, 2008 in Talpesh v. Village of Palm Beach.

Mr. Talpesh has a First Responder pre-employment physical that indicated he had "high blood pressure" but because the pre-employment physical did not reveal heart disease, firefighterTalpesh was entitled to the presumption that his heart disease was caused by his occupation as a firefighter!

I have such a case right now and the Carrier is going to have to acknowledge that my client's case is compensable since their pre-employment physical did not reveal any evidence of heart disease.

If your Florida workers' compensation First Responder Heart and Lung claim has been denied because of your pre-employment physical call Florida workers' compensation First Resonder Heart and Lung claim for a "second opinion."

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.

Risk Factors Don' t Matter Any More In Florida First Responder Claims | Port Richey First Responders Workers' Compensation Benefits Attorney

cavey@tampbay.rr.com (Blog Author)3811 — Wed, 06 Aug 2008 08:00:00 EST

In a block buster decision on July 21, 2008, the First District Court of Appeals ruled munciipalities can't try to overcome the Florida First Responder's Presumption by arguing that other risk factors overcome the presumption.

Florida Statute 112.18 says that First Responders who have heart attacks with no apparent nonoccupational cause are entitled to Florida workers compensation benefits.

To get the benefit of the presumption you must show that you pass a preemployment physical and your employer can't overcome that presumption. Municipalities typically try to overcome the presumption by showing evidence of pre-existing conditions and other personal risk factors, such as a family history of heart disease.

The Court found that there's a difference between risk factors and causation. The only way to overcome the presumption is to show a specific cause of the claimant's heart disease that isn't occupationally based.

This ruling in Punsky v. Clay County Sheriff's Office takes away one of the primary defenses I see raised to valid Florida First Responder Claims.

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.

Shocking News - 140,000 Unexpected Requests for Social Security Hearings | Spring Hill Disability Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)2948 — Fri, 06 Jun 2008 08:00:00 EST

Sharon Barrett, a St. Petersburg Social Security Attorney and my law partner, has just called from Miami where she is attending the National Organization of Social Security Claims Representatives (NOSSCR) conference.

One of the speakers Lisa DeSoto, Social Security's Deputy Commissioner for the Office of Disability Adjudication and Review, announced at the Social Security Administration received 140,000 more requests were a hearing before the Administrative law judge this year than expected.

The Social Security Administration has a plan to eliminate the huge hearing backlog which has resulted in 17,000 approvals of Social Security disability benefits at the reconsideration stage, 14,974 senior attorney decisions and 60,000 more administrative law judge's dispositions this year.

However, we knew this plan would not result in addressing the 28,623 cases in which Social Security disability applicants have been waiting 900 days for a hearing and other backlogs.

The 140,000 unexpected requests for hearing will just increase that backlog!

You can order our free book on the Social Security disability application process at caveylaw.com.

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.

Protect Yourself from Surveillance By the Long Term Disability Carrier | Hillsborough and Pinellas County Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)2844 — Thu, 29 May 2008 08:00:00 EST

Is there a strange van down the street? Are you being followed? Are you getting calls and when you answer, the person on the other line hangs up?

If is is happening to you, the long term disability carrier just might have surveillance on you to see if you are doing something you said in your activity of daily living forms you could not do! Or they just might be checking up on you.

How can you protect yourself? Simple! Call the police and report this activity everytime it happens.

If you are driving in your car and being followed either drive to the police station or use you cell phone call 911. Give the 911 operator your location, the make, model and color of the other vehicle (and there can be more than one), and your vehicle description. Carefully follow the instructions the 911 operator gives you.

Unfortunately,you can't tell if it is a carjacker or insurance company surveillance. Don't play games with your safety!

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.

Has Hartford Targeted Your Long Term Disability Claim For Termination | Tampa Bay Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)2842 — Thu, 29 May 2008 08:00:00 EST

Unfortunately, it seems that some long term disability carriers are targeting certain long term disability cases for denial.

Hartford has a GRP division that buys long term disability claims from other carriers and then targets the claims for denial.

Based on what I am seeing in my practice, Hartford is also trying to target claims on the psychiatric limitation of benefits clauses that limit the payment of long term disability benefits for psychiatric conditions to two years. Hartford will have a physician review the case and determine that, while the person has physical problems, the real problem is psychiatric. That physician or Hartford will then try to get the treating physicain to sign off by saying that your disability is really " psychiatric." Bingo, your long term disability benefits are terminated.

Any, in yet another situation, Hartford is terminating benefits after a Social Security award results in a significant reduction in long term disability benefits. They try to have it both ways by reducing your long term disability benefits and then terminate benefits on the basis you are no longer disabled.

Don't be a victim of Hartford's games. If you have been denied benefits or had your long term disability benefits terminated, please contact an experienced ERISA or disability attorney.

Nancy Cavey can be reached at 727-894-3188.

Immune System Disorders Listing Updated by Social Security | Hillsborough County Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)2662 — Mon, 12 May 2008 08:00:00 EST

Are you applying for Social Security disability benefits because you have an immune system disorder?

The Social Security Administration has published changes to the Immune System Disorder listings which will become effective June 16, 2008. Immune disorders that are covered in this listing include autoimmune disorders, HIV infection, systemic lupus erythematosus (SLE), scleroderma, connective tissue disorder, polymyositis, dermamyositis, inflammatory arthritis and a new listing for Sjogren's syndrome found at Listing 14.10.

I will be commenting on the Immune System Disorders listings and changes in upcoming blog posts at our blog on Social Security Disability found at http://socialsecuritydisabilitybenefitslawblog.com.

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.

New First Responder Peripheral Vascular Disease Decision Extends Presumption | Pasco County First Responders Workers' Compensation Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)2646 — Fri, 09 May 2008 08:00:00 EST

On May 8, 2008 The First District Court of Appeal clarified its decision in Butler v. Jacksonville. Mr. Butler was a firefigher who had hypertension which caused peripheral vascular disease (PVD). The First District held that Butler was entitled to presumption that his PVD as caused by his occupation as a firefighter. The Court also found Mr. Butler was permanently totally disabled as a result of the PVD. His hypertension was not per se disabling.

This is a great case that can be used to argue that any medical condition that flows from a presumed condition is also a covered presumptive condition extending the reach of the presumption!

Take a look at http://opinions.1dca.org/written/opinions2008/05-08-08/06-5918.pdf

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.

Cancer is Top Cause of UNUM's Disability Claims | Orlando Disability Insurance Attorney

cavey@tampbay.rr.com (Blog Author)2592 — Mon, 05 May 2008 08:00:00 EST

Unum has issued an annual review of the leading causes of the 400,000 short and long term disability claims it got in 2007.

According to the review, the leading cause of short term disabilty claims is a normal pregnancy which caused 21% percent of the disability claims. That is understandable! 10% of the claims where due to non- back related injuries, 7% due to digestive or intestinal disease and 6% were due to back injuries.

The leading cause of long term disability claims, based on a disability database that tracks 25 million covered individuals and 178,000 employer policies, for 2007 was cancer at 12.2% followed by complications of pregnancy at 12.1% and back injuries at 11%.

UNUM has done a study into the factors that cause mssed time from work during cancer treatment and successful return to work after treatment. UNUM is encouraging employers to support workers diagnosed with cancer duirng treatment and to assist in return to work. http://www.medicalnewstoday.com/articles/106231.php

If you are disabled as a result of cancer you may be eligible for Social Security disability benefits and long term disabiity benefits under the terms of your long term disability policy. If you have any questions, please contact Nancy Cavey at 727-894-3188.

New York Insurance Commissioner Says UNUM is Complying with Claims Handling Agreement | Sarasota Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)2583 — Sun, 04 May 2008 08:00:00 EST

The New York Insurance Commissioner has just announced that, in his opinion, UNUM is complying with the 2004 Multistate Agreement that UNUM entered into after being sued by a number of State Attorney Generals for their claims handling of long term disability cases.

Click on the link http://www.ins.state.ny.us/press/2008/p0805011.htm

If you have any questions about your long term disability claim against UNUM or have been wronfully denied your long term disability benefits by UNUM, contact UNUM long term disability claims lawyer Nancy Cavey by clicking the link or calling 727-894-3188.

Social Security Is To Give GREAT Weight to VA Disability Ratings | Sarasota County Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)2577 — Sat, 03 May 2008 08:00:00 EST

If you are applying for Social Security Disability Benefits and that condition has been rated by the VA, the Social Security Administration must give GREAT weight to the VA disability rating.

In McCartey v. Massanari, 298 F.3d 1072 (9th Cir. 2002), the claimant had been found by the VA to be permanently totally disabled and unable to "secure and follow a substantially gainful occupation due to disability." The court reversed the ALJ rejection of the VA findings. If your disabiling condition has been rated by the VA, make sure you send Social Security a copy of the VA ratings decision. It could make all the difference in your case.

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.

Must a Long Term Disability Carrier Give You Medical Reports They Rely on To Deny Your Claim? | Tampa St. Petersburg Disability Insurance Attorney

cavey@tampbay.rr.com (Blog Author)2510 — Mon, 28 Apr 2008 08:00:00 EST

The ERISA statute, 29 U.S.C. 1133(2) says that a person asking for payment of long term disability benefits should be given "full and fair review ... of the decision denying the claim." You also must be given "all documents, records, and other information relevant to the claimant's claim for benefis for a review to qualify as a full and fair review."

Doesn't that sound reasonable? Reality is different!

Ms Glazer, who had myofascial pain, fibomyalgia, cervical spodylosis and radiclopathy, was cut off by Reliance, based on the report of a notorious "peer review" doctor who always opines "there is no medical evidence" to support a continuing claim for disability benefits.

Ms. Glazer wanted, like you would want, to see the "peer review" report Reliance had produced while it was reviewing the initial denial of benefits. Reliance said "no!"

The 11th Circuit Court of Appeals has agreed with Reliance! The Court has ruled, in a circular fashion, that a "relevant document" is not relevant until Reliance relied on it to deny Ms. Glazer's claim. Only AFTER, Reliance relied on the peer review report and denied Ms. Glazer's claim, would Reliance have to produce the damining report of its peer review physician.

The 11th Circuit justified this by holding that if Reliance produced the peer review report (which it got for the sole purpose of denying Ms. Glazer's claim) earlier it would "create an unnecessary cycle of submission, review, resubmission, and re-review."

I don't disagree but let's remember that Reliance started this review for the sole purpose of terminating Ms. Glazer's benefits. There was nothing fair about the process and letting Reliance hide this report during the review of the initial denial forces claimants like Ms. Glazer to try to "put the horse back in the barn."

You can look at Glazer v. Reliance Standard Life Insurance Company at http://www.ca11.uscourts.gov/opinions/ops/200615855.pdf

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.

What is ERISA and Why Should You Care? | Florida Disability Insurance Attorney

cavey@tampbay.rr.com (Blog Author)2495 — Sun, 27 Apr 2008 08:00:00 EST

Your employer may have offered you a long term disability policy as part of your benefit package. Did you accept and begin paying premiums? If so, and if you are not employed by a church or a municipality, your claim is probably covered under the Empoyee Retirement Income Security Act (ERISA).

The ERISA Act was passed by Congress in 1974 to address teamster union corruption. Remember Jimmy Hoffa who used teamster dues to fund his criminal enterprise?

Congress wanted to pass a simple (not), comprehensive (not) and uniform (never) application of law for health, life, disability, and pension benefits plans. The ideas was to reduce litigation by having a uniform system that protected beneficiaires such as yourself while reducing premiums.

The reality is that ERISA, which impacts your health, life, disability insurance policies, and even your private penion or 401K plan, has failed miserably at meeting those goals.

ERISA has become a complicated regulatory maze that has only benefited administrators of ERISA plans and the insurance companies that offer these policies. ERISA has been used to deny people, like you, the benefits you paid for and the benefits you deserve.

ERISA specifically prohibits you from making any state law claims. Many state insurance laws provide consumer protection provisions such as prohibiting "discrectionary clauses" in policies.

ERISA usually presumes the claims administrator was right in making the decision to deny or limit your benefits. You, must show the claims administrator was "arbitrary and capricious" in denying your claim if you are going to win.

This is true even if the claims administrator who is making the decision to pay also pays the benefits. Talk about a conflict of interest!

Even if you proved you have been robbed, all you get are the benefits you asked for to begin with. You can't sue for compensatory damages or punative damages. You can't even ask that the claims administrator who wronfully denied your benefits be punished.

Even the court in Florence Nightingale Nursing Service v. Blue Cross Blue Shield, 832 F. Supp. 1456, 1457 (N.D.Al. 1993) called ERISA, "Everything Ridiculous Imagined Since Adam."

The United States Supreme Court heard oral argument on April 23, 2008 on the question of what deference a claims administrator should be given in an ERISA plan. This decision will have monumental impact on ERISA cases in the future.

If you have any questions about your ERISA/long term disabiity insurance claiim, contact Florida EISA long term disability insurance attorney Nancy Cavey by clicking the link or calling 727-894-3188.

Asking for An On the Record Decision | Bellaire Beach Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)2493 — Sat, 26 Apr 2008 08:00:00 EST

Do you know that we rountinely ask for what is called an "on the record decision"?

Just before the hearing we get your updated medical reports, have residual funtional capacity forms completed by your doctor and write a detailed letter to the Administrative Law Judge about your case.

That letter outlines the 5 step sequential evaluation process and how the evidence in your file establishes that you should be awarded your Social Security Disability Benefits without having a hearing. This works in some cases and benefits are granted without the need for you to go to trial.

We have just gotten a notice from the Social Security Adminsitration indicating they are creating something called an "Adult Fully Favorable Draft Decision" form which is 2 pages long. We are to enclose the decision form with our cover letter starting in July 2008. Hopefully, this might speed up the process at the hearings level.

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.

The VA Doctor's Duty to Respond to Medical Information in Your Social Security Case | Pinellas Park Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)2492 — Sat, 26 Apr 2008 08:00:00 EST

It is not uncommon for a Veteran who is applying for Social Security Disability benefits to ask his VA doctor to complete Residual Funcational Capacity forms in support of the Social Security Claim. Unfortunately, VA doctors would say "No!"

VHA Directive 2007-024 now requires VA medical providers to complete SSA forms and SSA requests for a "Medical Source Statement".

If your VA doctor refuses and says they are not authorized to provide information, go to http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1593.

Run off the Directive and give it to the uncooperative provider. This should solve the problem and allow you to get the necessary SSA forms completed and get a completed Medical Source Statement.

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.

Social Security Benefits For "Wounded Warriors" | Hudson Social Security Disability Lawyer

cavey@tampbay.rr.com (Blog Author)2491 — Sat, 26 Apr 2008 08:00:00 EST

The Social Security Administration has created a "wounded warrirors" website at www.ssa.gov/woundedwarriors.

The site explains what types of Social Security Benefits a military service member who became disabled while on active military service on or after October 1, 2001 might be eligible for, how to apply, how to speed up the decision and benefits for familly members.

The site also has links to a publication "Disability Benefits for Wounded Warriors" which is a must read.

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.

Clogged Social Security System | St. Pete Beach Social Security Disability Attorney

cavey@tampbay.rr.com (Blog Author)2291 — Sat, 05 Apr 2008 08:00:00 EST

Kenneth Nibali, former top Social Security Adminstrator of the Social Security disabilty system, is the plaintiff's expert in a whistleblower's suit that has just been filed in Federal Court in Boston. In a must read article in the New York Times on April 1, 2008, Mr. Nibali pointed out that long term disability carriers like Cigna and UNUM, are making their policy holders who are disabled apply for Social Securty disability, even if the claim does not meet the standard for Social Security disabilit benefits. That is fraud!

As a result, it is estimated that over 450,000 applications filed by long term disability policy holders - 18% of the 2.5 million Social Security disability applications filed annually - are not entitled to Social Security Disability benefits. That bogs the Social Security system down causing a delay for legitimate claims.

It also costs the Social Security Administration $4,759.00 to process a case through the first 3 levels of claim review to a hearing in front of an Administrative Law Judge.

While most ERISA policies require a disabled policy holder to apply for Social Security, long term disability carriers do have a reasonably good idea which cases are not going to meet Social Security disability standards. They could weed these cases out and not force denied policy holders to appeal and appeal their Social Security denials.

Weeding out these cases would help reduce the huge backlog that exists and would save millions and millions of our taxpayer money. Money that could be used to streamline the Social Security disability process and hire staff to process Social Security disability claims.

Wouldn't it be a novel idea if long term disability carriers, who force a policy holder to apply for Social Security over and over, repay the Social Security system the $4,759.00 it costs to process the case through a Social Security hearing in front of the Administrative Law Judge if the Judge denies the claim.

Think of it as a user's fee the long term disability carrier would pay for clogging the system with baseless claims!

Long Term Disability Carriers Clog Up The Social Secuirty System | Florida Disability Insurance Lawyer

cavey@tampbay.rr.com (Blog Author)2290 — Sat, 05 Apr 2008 08:00:00 EST

2.5 Million American apply for Social Security disability benefits every year and it takes, on average a whopping 288 days, to get a decision on because of the backlog. The reality is that in the Tampa/St. Petersburg area the delay is almost 2 years.

What contributes to that delay? In an awesome article, the New York Times author, Mary Williams Walsch, exposed for the public what ERISA/LTD and Social Secuirty lawyers and their clients deal with every day. The Social Security Disability system is being clogged by long term diablility carriers, such as UNUM, Cigna, Liberty, who require any policy holder claiming long term disability benefits to apply for Social Security. And when a policy holder is denied, the long term disability carriers insist the policy holder appeal and appeal again!

The typical long term disability policy requires a policy holder to apply for Social Security Disability benefits. This improves the disability carrier's profit margin. If you refuse to apply, the long term disabiity carrier simply stops paying benefits until you apply or appeal. Sometimes, the long term disability carrier just reduces the long term disability payment by what you would have gotten in Social Security. This reduces the long term disability carrier's reserves and smaller reserves means bigger profits for the long carrier. So they pay less and can use their premium dollars for investment.

It gets worse. If you do get Social Security benefits, the long term disability wants thier money back from you lump sum retroactive Social Secuirty and reduce your monthly benefits! Then, many long term disability carriers have the gall to turn around after an award of Social Security benefits and tell their policy holder "They no longer qualify for LTD benefits.

Whistleblowers are claiming that since almost 18% of the long term disability applicants are ultimately denied Social Security, the long term disability carrier could screen those cases not likely to get Social security and not force their policy holder to apply and appeal.

Unloading unqualified Social Security applicants on the Social Security Administration's (SSA) doorstep is fraudulent and a waste of American tax dollars. Please read www.nytimes.com/2008/04/01/business/01disabled.

UNUM was recently convicted of falsely requiring UNUM long term disability policy holders collecting long term disability to apply for Social Security.

If you have any questions about UNUM or your rights to long term disability benefits, call Nancy Cavey Tampa Bay Florida Long Term Disability Insurance lawyer. She can be reached at 727-894-3188.

Back Log of Social Security Cases and Proposed Rules to Limit Evidence | New Port Richey Disability Benefits Lawyer

cavey@tampbay.rr.com (Blog Author)1832 — Sun, 10 Feb 2008 08:00:00 EST

There are 8.7 million disabled workers collecting Social Security Disabilty Benefits and over 3 million people apply for Social Security Disability Benefits each year! Only 33 percent of the initial applications are approved and only 700,000 appeal the denial to the Administrative Law Judges. Roughly 1 million people give up! Of the 700,000 who appeal the average wait from the filing of the initial application to a decision from the Administrative Law Judge is 500 days!

Under proposed Social Security Rules, the disability appeals process would adopt strict deadlines and rules of evidence. The Administrative Law Judge would give 75 days notice of hearing and require the applicant to submit all evidence supporting their claim for benefits withiin 5 days of the hearing. No post hearing evidence would be allowed as is now permitted.

While, on the face of it, these proposals sound reasonable, the proposed rules would discourage unreprsented cllaimants. Nancy Cavey, executive Director of the National Organizations of Social Security Representatives (NOSSCR) was quoted in an interview with Alex Wayne, House Democrats Oppose Proposed Social Security Claims Policy, http://cqpolitics.com, as saying the new rules would discourage the "unrepresented claimant- from appealing a denial of benefits... about a third of those who appeal do not hire lawyers."

Rather than hire staff and Administrative Law Judges to deal with the back log of 750,00 cases, which is the largest in our history, the proposed rule would hinder an applicants ability to submit evidence. As a result, denials will only increase. This proposed rule underscores the need for all applicants to have representation in the social security disability claims process.

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.

Real Life | Port Richey Disability Benefits Attorney

caveywebmail@tampabay.rr.com (Blog Author)1049 — Fri, 14 Sep 2007 08:00:00 EST

Historically, businesses have taken advantage of their workers. In a system or business design where employees are reduced to commodities or just plain numbers, the only thing typically concerning the business owners is profits. When profits are the sole desire, people get lost in the mix.

At my old job, I would receive a salary based on 40 hours a week of work. However, presumably like many others, I would sometimes work 50, even 60 hours a week. I didn't think anything of it because I just wanted to do my job and make everything run smoothly. I didn't know Florida's Wage Laws.

Many businesses are required to pay some of their employees overtime, but they do not. There are many ways for businesses to avoid doing this as I have learned this personally.

I am so glad there are lawyers in the Tampa Area that are fighting for the average worker's rights.

You guys rock!!

Larry

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.

MS Awareness Week | Move It!

caveywebmail@tampabay.rr.com (News Author)13291 — Tue, 09 Mar 2010 08:00:00 EST

People all over the nation are moving it during MS Awareness Week, catapulting our movement toward a world free of MS. There are so many ways for you to take action and spread the word. Now, let's get moving, together!

Doctor Pleads Guilty to Insurance Fraud | Collecting Disability

caveywebmail@tampabay.rr.com (News Author)13233 — Thu, 04 Mar 2010 08:00:00 EST

Long Term Disability fraud hurts all long term disability policy holders. See how surgeon Lawrence Saks still collected disability insurance while continuing to work.

SSA Anticipates 3.4 Million People Will file for SSD Benefits in 2010

caveywebmail@tampabay.rr.com (News Author)13184 — Tue, 02 Mar 2010 08:00:00 EST

The Social Security Administration anticipates that more than 3.4 million people will file for Social Security Disability benefits in 2010 representing a 27% increase since 2008. If you have applied for Social Security Disability benefits and have been denied, you can lose your valuable rights to Social Security Disability benefits and medical treament if you don’t timely file an appeal. Sharon Barrett, a former Social Security Administration attorney, can assist you with your Social Security Disability claim. She’s written the consumer guide Your Rights to Social Security Disability Benefits.

Floridians Lead Nation In Paying Off Credit Debit By Not Mortgages

caveywebmail@tampabay.rr.com (News Author)12720 — Tue, 09 Feb 2010 08:00:00 EST

In a article released by the St. Petersburg Times, it quotes a study conducted in Florida about how most Floridians can pay off their credit card debt but are letting their mortgages lapse. As the study states, "5.1% of Floridians in the study were delinquent on their mortgages but current on their credit cards in fall 2007 but 12.4% were delinquent on their mortgages but current on their credit cards in fall of 2009. A 143% increase from the fall 2007 to the fall of 2009.

New Social Security Administration Building Set for Central Avenue

caveywebmail@tampabay.rr.com (News Author)12721 — Tue, 09 Feb 2010 08:00:00 EST

In a St. Petersburg Times article, St. Petersburg is going to get a new Social Security Administration building at 830 Central Avenue in downtown St. Petersburg at the former Bank of America Building. This will help relieve the distance for disability claims that have to go to the Tampa office.

UNUM to Cut Jobs and Outsource | UNUM Disability Claim Lawyer

caveywebmail@tampabay.rr.com (News Author)12571 — Tue, 02 Feb 2010 08:00:00 EST

UNUM Is in the process today off laying off a large chunk of its field staff (35 nationwide) and outsourcing the work. Apparently, they’re offering two weeks of severance for every year you’ve worked there, but there’s a cap of 25 weeks. A lot of the people have been there forever and are not happy campers.

Social Security and VA Sharing Electronic Records

caveywebmail@tampabay.rr.com (News Author)12453 — Thu, 28 Jan 2010 08:00:00 EST

The Social Security Administration has announced that beginning in February of 2010 it will start sharing health information electronically with the Veterans Administration and Defense Departments to help speed up the processing of Social Security Disability claims by veterans.

If you are a veteran whose Social Security Disability claim has been delayed or denied, contact Veterans and Social Security Disability denied attorney Sharon Barrett.

Tampa Makes 11th our of 142!! | Processing SSI Claims

caveywebmail@tampabay.rr.com (News Author)12398 — Tue, 26 Jan 2010 08:00:00 EST

Tampa makes 111 out of 142 for the average time for processing Social Security Disability claims. San Juan, Puerto Rico, which is the number one hearing office, processes claims with a turnover time of 72 days, while Tampa processes claims in 539.

Tampa’s not the worst! Fort Wayne, Indiana is dead last taking some 704 days to process claims!

Dateline NBC Special Report about ERISA Disability Carriers

caveywebmail@tampabay.rr.com (News Author)12380 — Mon, 25 Jan 2010 08:00:00 EST

In a special report by Dateline NBC, a special undercover documentary showing, in real time, how sick patients are often ruthlessly denied care by their health insurance insurer because the families lack of legal leverage. ERISA disability carriers will also ruthlessly denied short and long term disability claims because they believe, much like in group health settings, that the disabled lack legal leverage. We at Cavey and Barrett, provide the legal leverage you need if your short or long term disability claim is denied.

Concussions Hide Hidden Long Term Disability Effects

caveywebmail@tampabay.rr.com (News Author)12267 — Tue, 19 Jan 2010 08:00:00 EST

From Med Page Today: Whether a clinician calls a mild traumatic brain injury a concussion or not appears to influence how serious the injury is considered to be, researchers found.

Citi Thinks Unum (UNM) Could Be a Takeover Target, Names As Top Idea

caveywebmail@tampabay.rr.com (News Author)12268 — Tue, 19 Jan 2010 08:00:00 EST

CNBC highlights a Citigroup research report on Unum Group (NYSE: UNM), saying the stock is a Top Idea and could be a takeover target for MetLife, Inc. (NYSE: MET). Shares of UNM are up 2.7% today on the positive comments.

2011 Toyota Sienna Offers Disability Access Chair For Disabled People

caveywebmail@tampabay.rr.com (News Author)12169 — Tue, 12 Jan 2010 08:00:00 EST

Toyota upped the ante in the minivan market on Monday at the 2010 Detroit Auto Show by rolling out an Auto Access Seat on its 2011 Sienna minivan that should make life easier for people with disabilities. The option will be available in February, but pricing has not been announced.

Complaints About UNUM Provident Insurance Company Disability Denials

caveywebmail@tampabay.rr.com (News Author)12103 — Thu, 07 Jan 2010 08:00:00 EST

At consumeraffairs.com has an interesting page about consumer complaints again UNUM Provident insurance company. This website is enough to get your blood boiling. However, there is good news. If you are a UNUM Provident Insurance disability policyholder or having claims with the UNUM disability insurance claim’s process or have been denied UNUM benefits, contact a UNUM disability denied attorney Nancy Cavey.

Tips for 2010 for Long Term Disability Insurance

caveywebmail@tampabay.rr.com (News Author)11824 — Tue, 22 Dec 2009 08:00:00 EST

ABC News reviews that people in 2010 must review and update their Long Term Disability Insurance coverage. Disability coverage is equally important, but receives much less attention than life insurance. If you're a young worker, there is a higher chance of becoming permanently disabled and unable to work than there is of dying prematurely.

10 Things to Know About Social Security

caveywebmail@tampabay.rr.com (News Author)11826 — Tue, 22 Dec 2009 08:00:00 EST

Good article from the Bradenton Herald about Social Security

LINA Insurance Case Went Wrong for Blogger

caveywebmail@tampabay.rr.com (News Author)11806 — Mon, 21 Dec 2009 08:00:00 EST

Sixty-three-year-old “Lorraine,” an anonymous blogger, tells a heartbreaking story about LINA insurance and a disability claim that went wrong.

Workers Compensation for Police Officer Case

caveywebmail@tampabay.rr.com (News Author)11807 — Mon, 21 Dec 2009 08:00:00 EST

In this workers' compensation case Carney v Sarasota PD, the judge of compensation claims held that claimant law enforcement officer was not entitled because his overnight stay in the hospital for treatment of his heart disease did not satisfy the statute's disability requirement. Claimant contends this was error.

Impact of Unemployment Rates Causes Concern For Disability Insurance

caveywebmail@tampabay.rr.com (News Author)11661 — Wed, 09 Dec 2009 08:00:00 EST

With unemployment reaching a 26-year high last month, the old ways of maintaining Life insurance and Disability insurance coverage through an employer-sponsored group plan may be over.

Facebook Pic Looses Women Disability Payments

caveywebmail@tampabay.rr.com (News Author)11422 — Tue, 24 Nov 2009 08:00:00 EST

A Canadian woman lost the monthly sick-leave benefits she was receiving for depression after her insurance company said that Facebook photos of the woman on a beach and at her birthday party proved that she was no longer suffering from the disease, CBC News reports.

Results of 2009 US Group Disability Market Survey

caveywebmail@tampabay.rr.com (News Author)11423 — Tue, 24 Nov 2009 08:00:00 EST

View the results of the JHA's 2009 Market Research Results for Group Disability

H1N1 exposes weak leave policies

caveywebmail@tampabay.rr.com (News Author)11262 — Thu, 12 Nov 2009 08:00:00 EST

In Washington and across the country, the arrival of the flu season (h1n1 or swine flu) has prompted companies of all sizes to weigh how to accommodate sick workers while keeping the business running.

Xenotropic murine leukemia virus-related virus, or XMRV NY Times Article

caveywebmail@tampabay.rr.com (News Author)10993 — Mon, 26 Oct 2009 08:00:00 EST

EARLIER this month, a study published in the journal Science answered a question that medical scientists had been asking since 2006, when they learned of a novel virus found in prostate tumors called xenotropic murine leukemia virus-related virus, or XMRV: Was it a human infection?

Virus Found in Many Chronic Fatigue Syndrome

caveywebmail@tampabay.rr.com (News Author)10835 — Thu, 15 Oct 2009 08:00:00 EST

A New York Times Article about a Virus Found in Many with Chronic Fatigue Syndrome that may contribute to their illness.

Life Insurance Company Of North America Pays $600,000 Settlement for Disability Claims Handling Mistakes

caveywebmail@tampabay.rr.com (News Author)10691 — Mon, 05 Oct 2009 08:00:00 EST

Nancy Cavey, Life Insurance Company of North America (LINA) disability claims lawyer, is pleased to see that California Insurance Commissioner Poizner is protecting the interests of Californians who were insured by LINA and had their disability claims denied. If you have a LINA claim that has been denied, make sure you have a lawyer to help you with your appeal. Filing a complaint with your State Insurance Commisisoner is also helpful. Here is a portion of a press release about the great work of Commissioner Poizner:

"Insurance Commissioner Poizner Announces $600,000 Settlement with Life Insurance Company of North America for Alleged Claims Handling Violations

Insurance Commissioner Poizner announced today that the Department of Insurance has reached a $600,000 settlement agreement with Life Insurance Company of North America ("LINA") to resolve allegations of disability insurance claims handling violations from February 2005 through June 20, 2006. In addition to the fine, LINA agreed to make changes in its claims handling policies and procedures, and to review previously closed claims to determine if additional benefits are due.
"Individuals purchase long term disability insurance to protect themselves and their families in the event they become disabled and are unable to work," said Commissioner Poizner. "When insurance companies fail to follow the law in fairly and expeditiously adjusting these claims, it has a devastating impact on policyholders and their families. I am pleased that LINA has taken responsibility for its actions and has implemented changes in its policies, procedures and practices. The Department will continue to monitor the actions of all insurers selling and marketing disability insurance in the state of California."
The Department performed an onsite examination of LINA's claims handling practices. During this examination, the Department found instances where LINA had made claims determinations prior to requesting medical records and examples of LINA adjusters ignoring substantial new information after a claim had initially been denied. As part of the settlement, LINA has agreed to make significant improvements to its claims handling practices in order to avoid future violations.

Based on the results of the examination, CDI filed an Order to Show Cause/Statement of
Charges/Accusation and Notice of Monetary Penalty alleging that LINA's claims handling practices were in violation of state law. In addition to the penalty, the settlement calls for LINA to cease and desist from engaging in any acts or practices in violation of California law. LINA's revised claims handling practices are designed to avoid the type of violations alleged and the Department will provide oversight to assure that this goal is being met. LINA will review all California resident closed denied claims for the period January 2005 through December 2007 using the agreed upon quality standards outlined in the settlement."

Seattle Children's Hospital Betrays Trust of Autistic Teen's Family and Seattle Families In Prescribing Fatal Overdose

caveywebmail@tampabay.rr.com (News Author)10652 — Thu, 01 Oct 2009 08:00:00 EST

Seattle Children's Hospital would have you believe it is a "world class child heallth care center," a "premier child health care center" and "recogonized as one of the leading U.S. hospitals for children." The reality is something completely different!

My in-laws, including my niece who has a 2 year old son, live in Seattle so I follow the news in Seattle. There is shocking news about the medical care at Seattle Children's Hospital. As news stations and newspapersin Seattle have reported, Michael Blankenship went to Seattle Children's hospital for a routine dental procedure and was discharged with a fentanyl patch for pain.

Seattle Children's hospital made a FATAL mistake that cost Michael Blankenship his life. The patch was the highest dose of fentanyl which is given to relieve the unrelenting pain of cancer. Michael's mother put Michael to bed with the patch only to find Michael unresponsive in the morning. Michael, who was autistic and unable to speak or even cry out for help, died as a result of the negligence of Seattle's Children's Hospital according to the medical examiner.

The Blankenship family hired the best medical malpractice lawyer in Seattle, Chris Davis, and filed a law suit against the hospital asking for fair compensation for the death of Michael.

What did the self-described "world class" Seattle Children's Hospital (which has a Center for Children with Special Needs) do to resolve this tragedy? The hospital refused to accept their full responsibility for Michael's death and fairly compensate the Blankenship family.

Because Seattle Children's Hospital has betrayed the trust the Blankenship family and that of all Seattle families the Blankenships will now have to re-live Michael's death as this case moves through the legal process. Can you imagine what Michael's mother will have to go through with the hospital's lawyer as she has to answer questions about Michael and his death?

Hospital's complain all the time about medical malpractice lawsuits and, yet, when faced with clear evidence of their negligence Seattle Children's Hospital chose to tell the Blankenship that fair compensation for the death of an autistic child was less than fair compensation for a normal child. If you have a child with any kind of medical needs or a child with special needs in Seattle, find another hospital. Tell your peditrician and your friends that you won't endanger the life of your children by going to a hospital who refuses to admit its mistakes, pay fair compensation and treats one child differently from another.

My heart goes out to the Blankenship family and their Seattle malpractice lawyer, Chris Davis of the Davis Law Group. They have created a foundation in Michael's name for helping autisitc children in Seattle. I only hope that, at some point soon, Seattle Children's Hospital acts like the premier health care facility it would have you believe it is and, after paying fair compensation for Michael's death, becomes a Charter Member of this foundation. Only then will Seattle Children's Hospital truly be one of the leading U.S. hospitals for children.

Tampa Social Security Office's Shocking Delay In Processing Social Security Disability Claims

caveywebmail@tampabay.rr.com (News Author)10534 — Mon, 28 Sep 2009 08:00:00 EST

There is a saying that"Justice delayed is Justice denied." That is certainly true for Social Security claims in Tampa Bay area! We rank 117 out of 142 offices. It takes, on average, a stunning 602 days to process a denied Social Security claim from initial application to an award of Social Secuirty Disability benefits.

That is almost 18 months if you are denied your Social security disability at the initial stage! The SSA Website has state statistics on Social Security Disability hearing backlogs.

At Cavey and Barrett, your Tampa Bay area Socia Security disability denied law firm, we know that getting your social security disability benefits is crucial. You can go to the State Statistics and see:

1. The number of pending cases in Flordia.

2. The processing times for pending cases in Florida.

3. The hearing decision results.

In our book "Your Rights to Social Security Disabilty - Things the Social Administration Rarely Tells You" we explain the 3 stage process for getting your Social Security Disability Benefits and the 5 things you must prove to win your Social Security Disability Case.

We applaud the Social Security Administration's effort to reduce the Tampa area backlog and support the efforts of legislators, like Kathy Castor, for spotlighting the Tampa office delay.

Alzheimer's Disease and Your Rights to Social Security Disability Benefits

caveywebmail@tampabay.rr.com (News Author)10505 — Sat, 26 Sep 2009 08:00:00 EST

Alsheimer's disease and other dementias are progressive and, ultimately, terminal. There is no treatment that can stop or significantly delay the disease process.

If you or a loved one suffer from Alzheimer's Disease you should apply for Social Security Disability benefits immediately. Unfortunately, the delays in the Social Security Disability system for handling the young onset of Alzheimer's disease were discussed at an outreach Hearing with Commissioner Astrue in July 2009. A decision is expected on whether Alzheimer's disease and related dementias can be included in the Compassionate Allowance Program.

If your claim for Social Security disability for Alzheimer's has been denied or you are having problems with the Social Security Disability Claims process, contact Tampa Bay Social Security disability denied lawyer, Sharon Barrett for a free consultation.

September is Pain Awareness Month

caveywebmail@tampabay.rr.com (News Author)10427 — Sat, 19 Sep 2009 08:00:00 EST

As long term disability and Social Security lawyers, Nancy Cavey and Sharon Barrett, serve those who have become disabled by pain. As Pain Community News notes in the Fall 2009 Issue, pain is "woefully misunderstood, misdiagnosed and underfunded, yet it is a major symptom of nearly all the leading chronic conditions facing American- cancer, heart disease, diabetes, and arthritis, among others."

The American Pain Foundation is a resource of facts, tips and advances in the treatment of pain. If you have questions about your pain and your rights to disability benefits, Pasco, Pinellas and Hillsborough long term and social security disability denied attorneys, Nancy Cavey and Sharon Barrett, can help you with your legal questions about long term disability and Social security benefits. They have written 2 free consurmer quides about "Your Rights to Social Security Disability" and "Robbed of Your Peace of Mind: Important Information about Your Long Term Disabilty Policy."

Order your free copy and subscribe to Pain Community, The Newsletter of the American Pain Foundation.

Medicare Benefits and Your Social Security Disability Claim- Delay Can Cost You Medical Coverage

caveywebmail@tampabay.rr.com (News Author)10357 — Mon, 14 Sep 2009 08:00:00 EST

Cavey and Barrett, Pasco, Pinellas and Hillsborough Florida Socia Security Attorneys know that the lack of or loss of health care coverage is a worry for most Americans, inlcuding disabled workers who can no longer work.

If you are unable to work, you can be eligible for monthly disability benefits under the Social Security system AND, if you are granted Social Security Disability benefits, you can become eligible for Medicare coverage 24 months after you are eligible for disability benefits.

Medicare is a federally funded health program for those over 64 and those Americans who are granted Social Security disability benefits.

The longer you wait to apply for Social Security, particularly if you have lost your job, the longer it takes for you to become eligible for Social Security disability benefits. This is key as most employers will only let you COBRA your group haelth insurance for 18 months (if you can afford it). That can leave you with a gap of 6 months without health insurance.

If you are thinking about applying for Social Security Disability or have questions about your rights to Medicare, call Social Security Disability Attorney Sharon Barrett, at 727-894-3188.

Nancy Cavey's 15th Anniversary as AV Rated Attorney

caveywebmail@tampabay.rr.com (News Author)10339 — Fri, 11 Sep 2009 08:00:00 EST

The highest possible rating a lawyer can get is the AV Rating from Martindale-Hubbell, a trusted legal resource for information about lawyers, by lawyers. It is hard to find a more exacting group than lawyers rating each other.

Nancy Cavey is celebrating the 15th anniversary of receiving the highest possible professional rating from her peer- the AV Rating.

We, at Cavey and Barrett, congratulate Nancy on this recognition of excellence.

Long Term Disability Claims Surveillance and Labor Day|Florida Long Term Disabily-ERISA Denied Attorney

caveywebmail@tampabay.rr.com (News Author)10290 — Wed, 09 Sep 2009 08:00:00 EST

"Capture the Long Term Disability Claimant on Video"

That is the sales pitch that some investigative companies send to long term disability insurance companies like UNUM, Met Life, Standard, Berkshire, Liberty Life just before a major holiday like Labor Day. We all know that summer holidays like Memorial Day, 4th of July, and Labor Day are big family holidays. There are family renunions at the park, the beach or other public places with cookouts, water sports, and other fun activity. And, if you are like me, a "honey do" list of things that need to be fixed before a party.

So the surveillance company and the long term disability insurance company want to take advantage of these opportunites. Surveillance companies are staff over long holiday weekends just to capture you on surveillance!

I'm not suggesting that you do things you should do but it is tempting to try to see just what you can do.. or even to try to do more than you can to put on a "good face" for your friends and family. Just be aware that you might be destroying your long term disability/ERISA claim as I write in a post on long term disability terminations.

If your long term disability claim has been denied because of surveillance all may not be lost. Contact Pinellas and Hillsborough County long term disability denied lawyer Nancy Cavey, who can help you with your denied claim.

Florida First Responders and Mesothelioma/Abestos

caveywebmail@tampabay.rr.com (News Author)10304 — Wed, 09 Sep 2009 08:00:00 EST

Police and emergency response personnel who worked ground zero on 9/11 have developed a number of health problems, including mesthelioma and asbestosis. They are seeking benefits for their health problems.

Florida First Responders who are exposed to toxic substances and chemicals on the job may be entitled to Florida workers' compensation benefits. These exposures can come as a result of fighing fires or being exposed to chemicals while raiding drug labs. If you are a Florida First Responder who has developed medical problems, including breathing problems or cancer, as a result of exposure to toxic substances in the workplace, contact Florida First Responder Attorney, Nancy Cavey.

If you have developed TB or even meningitis you may be entilted to the benefit of the Florida First Responder Presumption Statute.

Florida's Move Over Law and Florida First Responders

caveywebmail@tampabay.rr.com (News Author)10294 — Tue, 08 Sep 2009 08:00:00 EST

Did you know that Florida has a MOVE OVER law that requires drivers to pull over or slow down to 20 mph below the speed limit when Florida First Responders have their sirens on? Unfortunately, many Florida drivers don't know about the law (despite this being covered in the Florida driver's manual) or just flat out ignore the way as they busily go about their personal business.

Florida has started a new public awareness program and should, in my opinion, team up with all the cell phone carriers in Florida and have a text message sent to every cell phone in Florida reminding them about this important law. There is also going to be a crackdown on driver's who don't pull over.

In fact, several Pinellas Park police officers were injured Labor Day weekend when responding to an emergency and where struck by a driver not paying attention!

We applaud enforcement of this law!

The Law Firm of Cavey and Barrett represents Florida First Responder's in their Florida First Responder workers' compensation claims.

Social Security Disability Backlog Update|Tampa Bay Social Security Denied Lawyer

caveywebmail@tampabay.rr.com (News Author)10287 — Mon, 07 Sep 2009 08:00:00 EST

NPR reported about "Social Security Struggles with Disability Backlog" noting that over1.5 million Americans are now waiting for a decision on their Social Security disability claim. This delay is, in part, due to the bottle neck of disability reviews of the initial claim and request for reconsideration done at the State level. Each state has financial problems and they are letting go and not hiring new employees who make the initial disability determinations for SSA.

If you have stopped working and are thinking about applying for Social Security disability, contact Tampa Bay Social Security disabilty lawyer, Sharon Barrett, who can help you through this stressful and confusing process. Don't delay as that only makes getting a decision even longer.

The Recession and Long Term Disability Claims

caveywebmail@tampabay.rr.com (News Author)10288 — Mon, 07 Sep 2009 08:00:00 EST

The St. Paul Pioneer Press reported today that even labor unions in the Twin Cities area are having to pay the health insurance premiums for its union members who are waiting for a decision about their long term disability claims.

Long term disability insurance companies are hanging on to their premium dollars and taking more time that allowed under ERISA regulations to decide claims. Here at Cavey and Barrett, Tampa Bay based ERISA/long term disability benefits denied attorneys, we are seeing an increasing delay in long term disability carriers making that crucial decision to pay or deny a long term disability claim. We think the carrier's are feeling the impact of the economy.

If you are waiting for a decision on your long term disability claim, contact St. Petersburg Disability attorney, Nancy Cavey.

Faking Medical Records and Defrauding the Long Term Disability Insurance Company|Tampa Disability Denied Attorney

caveywebmail@tampabay.rr.com (News Author)10289 — Thu, 03 Sep 2009 08:00:00 EST

It is hard enough for the truly disabled Metropolitan Life Insurance long disability clients to get the long term disability benefits they deserve. Now, Rose Durbin, of Rochester, N.Y. has plead quilty to defrauding Metropolitan Life of $30,578.00 in long term disability benefits she wrongful got while working.

Ms. Durbin created "false medical records from September 2004 to April 2006 about an injury she suffered in Florida and faxed them to Metropolitan Life." Not only did she work while collecting long term disability benefits but she created false medical records.

Nancy Cavey, Florida long term disability benefits denied lawyer, won't represent people she does't believe are entitled to long or short term disability/ERISA benefits. Ms. Durbin, who faces a prision term of 8 to 14 months and the payment of restitution, got what she deserved. Hopefully, the Ms. Durbin's of the long term disabilty world won't make it more difficult for those Metropolitan Life long term disability policy holders whose claims have been wronfully denied.

Tips on Picking the Right Social Security Disability Lawyer|Tampa Social Security Disbility Denied Lawyers

caveywebmail@tampabay.rr.com (News Author)10251 — Wed, 02 Sep 2009 08:00:00 EST

At Cavey and Barrett, we think it is important that you know how to pick the right lawyer to represent you if you have been denied Social Security Disability Benefits in the Tampa Bay area.

My fellow lawyer and friend, Baltimore based Sharon Christie, has written an article full of helpful and informative tips on how to pick the best lawyer to represent you in your denied Social Security disability claim. Not ever lawyer is right for every client and Attorney Christie has made some great suggestions! It doesn't matter where you live, picking the right lawyer for you is important for your peace of mind.

Great article Sharon!

Social Security Wants to Kick Amputee Off Social Security Disability

caveywebmail@tampabay.rr.com (News Author)10174 — Sun, 30 Aug 2009 08:00:00 EST

If the government decides that your medical condition has improved, it can terminate your Social Securit disability and medical benefits. That is happening to Tampa resident, Todd Cohen, who had his leg amputated as a result of cancer. Todd, who has a prosthetic leg and has gone to school to improve his skills, but has not been able to find a job. His medical condition has gotten worse with a staph infection and blisters at the site of his amputation. Yet, the Social Security administration has taken the position that Mr. Cohen's condition has improved.

He has a hearing on Wednesday and let't hope the Social Security Administration does right. Mr. Cohen, who does not have lawyer, is hoping that publicity in the St. Petersburg Times will put pressure on the Social Security administration.

Let's hope he wins but he really should have an experienced Social Security disability lawyer who can develop the medical evidence of his complications, show how the restrictions he has erodes his employability and be ready to address the vocational evidence that will be presented at his trial. Mr. Cohen does not understand what he has to prove to win and what the Social Security witnesses are going to say about his employability. He needs to read about the social security daims and denial process.

The Social Security process does not always make sense. It is not about the amputation or his inability to find a job. It is about developing the right evidence to meet the 5 step sequential evaluation process.

Perhaps Mr. Cohen does not know he can afford a Tampa Bay Social Security disailbity lawyer like Sharon Barrett. Don't put your faith in the newspapers to help win your denied Social Security disability claim.

Understanding the Risk of Disability | Disability Lawyer | Florida

caveywebmail@tampabay.rr.com (News Author)10015 — Thu, 27 Aug 2009 08:00:00 EST

    Nancy Cavey, author of "Robbed of Your Piece of Mind", wants you to know that disability is a real risk. Over 54 million Americans or 19% of the population was considered disabled based on the December 2008 US Census Bureau Report.

    Other disability facts include:

            1. Almost 90% of disabling accidents and illnesses are not work related. Auto accidents is a really common disability related case.

            2. A disabling injury occurs in American homes every three seconds.

            3. Heart Disease, cancer and diabetes are the leading calls of death and disability in the United States.


    The most amazing fact of all that almost 25% of today twenty year olds would become disabled before reaching the age of 67 according to the Social Security Administration fact sheet.

    We at Cavey and Barrett recommend that you have a private individual disability insurance policy to protect your income and standard of living. Be sure that you are covered when a disabling injury occurs. For more information on Long Term Disability or Short Term Disability be sure to request our Book "Robbed of Your Peace of Mind."

How CIGNA Began

caveywebmail@tampabay.rr.com (News Author)10050 — Fri, 21 Aug 2009 08:00:00 EST

The CIGNA corporation was form as a result of a merger between the Insurance Company of North America (INA) and Connecticut General in 1982. CIGNA is primarily known as a Healthcare provider but also offers accident, life and disability insurance coverage.
CIGNA writes short term disability and long term disability insurance policies. If you are a CIGNA policy holder thinking about filing a CIGNA disability insurance claim contact Cavey and Barrett, as our law firm frequently assists CIGNA policy holders and individuals who have submitted an individual insurance claim. Cavey and Barrett will also assist you if your CIGNA disability claim has been denied or terminated. For help with you CIGNA disability insurance claim, contact Cavey and Barrett at 727-894-3188.
Nancy Cavey will work with you prior to submitting your CIGNA disability claim or if you are experiencing difficulties with delays and denials in the disability claim's process.

The "Fake Bad Scale" - The Weapon Used to Deny Long Term Disability Cases - Florida Denied Long Term Disability Lawyer

caveywebmail@tampabay.rr.com (News Author)9996 — Mon, 17 Aug 2009 08:00:00 EST

One of the most common tools used by long term disability companies to deny claims is to have an Independent Medical Psychological Examiner (not, as they are paid by the long term disability carrier) have you take the MMPI test. This test was created in the 1930s at the University of Minnesota and has been used to "detect certain personality traists and emotional strengths and weaknesses."

As reported in a StarTribune.com article, the MMPI was given a "face-lift" and was renamed the MMPI-2 in 1989. There is a "bitter feud among leading scholars" because of the newly added "Fake Bad Scale". I have seen, as the article points out, the Fake Bad Scale being used to discredit people who are claiming to be disabled.

This test has been used to label long term disability applicants and people who have been involved in accidents are fakers, frauds and malingers. Even worse, this test has been relied on by long term disability carriers and Judges to deny valid disability claims.

Dr. James Butcher, a co-author of the revisions and an author of many books about the test, was quoted as saying "They have changed the MMPI so drastically it is not the same instrument."

If the long term disability carrier sets you up for an "independent psychological or psychariatric examination", call Florida Denied Disability Insurance Lawyer Nancy Cavey. Don't allow yourself to be labeled a fraud or exaggerating your symptoms!

State of Washington Bars Discretionary Clauses in Disability Policies

caveywebmail@tampabay.rr.com (News Author)9989 — Sun, 16 Aug 2009 08:00:00 EST

There are many clauses you don't want to see in your long term disabilty policy and one is the "discretionary clause." This clause says that their interpretation of the long term disablility policy or their decision regarding your eligibility or continued receipt of benefits is binding.

All too oftern, the discretionary clause is abused by disability carriers and used as the excuse for denying your claim and rejecting your appeals!

Now, the State of Washington has joined the ranks of those states that have prohibited the use of discretionary clauses in disability policies.

At Cavey and Barrett, your Florida long term disability benefits denied law firm, we applaud the State of Washington. We hope Florida's Insurance Commissioner, Kevin McCarthy, will join with those states who have prohibited discretionary clause based on the NAIC's rejection of discretionary clauses.

Have You Been "Diggled"?- Long Term Disability Denied Lawyer

caveywebmail@tampabay.rr.com (News Author)9988 — Sat, 15 Aug 2009 08:00:00 EST

I just got a call from someone who had looked at our website and was set to have his statement taken by the long term disabilty investigator. He did not know what to do!i

If you get a call from a long term disabilty carrier asking to take your statement you might be "Diggled". That is a term I created to describe the tactics of some investigators.

These long term disability carrier investigator's, including Hartford's Mr. Diggle, will interview your neighbors about your activities. That is ok but if he changes what they say that is being "Diggled". You may be want to warn your neighbors about being contacted by a long term disability investigator!

I don't suggest you ever talk with an investigator without a lawyer being present. Read my article about the horrors of a long term disability investigator at your door.

You will be accussed of being a fraud! You will be interrogated and not interviewed! And, you will be asked to sign a statement he quickly prepares that will destroy your claim! Don't have an interview with a long term disabilty investigator or sign any statements they prepare. Don't be 'Diggled" .. be prepared!

If the long term disability carrier is calling you to take your statement or to send an investigator to your house, contact Nancy Cavey, the long term disability denied attorney, who can help you be prepared for this crucial statement. Nancy Cavey represents those nation wide who have applied for or who have been denied long term disability benefits.

Social Security Hearing Secrets

caveywebmail@tampabay.rr.com (News Author)9979 — Fri, 14 Aug 2009 08:00:00 EST

Did you know that Administrative Law Judges overturn about 60% of all claim denials at the Hearing level. What happens at the hearing? You, and Cavey and Barrett, get the opportunity to appear before an Administrative Law Judge and make you case.
    Having representation such as Cavey and Barrett can make every difference in your case. Cavey and Barrett will get from your doctor an opinion regarding what is called your residual functional capacity (RFC). Residual Functional Capacity is a fancy way of establishing what activities you are no longer able to do as a result or your disability or how you may be partially limited in your ability to stand, stoop, bend, walk.
    Sharon Barrett, Social Security Disability Attorney, knows that a good RFC can help the Administrative Law Judge understand what physical and/or mental problems you have. She will present a strong argument why you should be granted disability benefits.
    Most important, you get to appear face to face in front of an Administrative Law Judge, the person deciding your claim. You can answer any questions that Judge might have regarding your physical and/or mental impairment and the problems you have as a result of your difficulties.
    At Cavey and Barrett, the Tampa Bay/ St. Petersburg Social Security Law Firm, we fully prepare you for a hearing in front of the Administrative Law Judge so that your case is presented to the Judge in it's strongest possible form.
    For a free Social Security Disability consultation contact Sharon Barrett of Cavey and Barrett at 727-894-3188, Or Click Here for a FREE copy of "Your Rights to Social Security Disability Benefits."

Social Security Administration Fast Track Disability Review

caveywebmail@tampabay.rr.com (News Author)6492 — Mon, 22 Jun 2009 08:00:00 EST

At Cavey and Barrett. we have represented Social Security Disability Claimants who suffer from rare diseases or cancers. Unfortunately, until recently, the Social Security administration did not have a fast-track system to review these cases. We would have to wait until both the initial claims application and request for reconsideration were denied before we could put together our disability packet, hand deliver it to the Social Security administration and begin calling our local Congressman in an effort to get a quick decision.

The Commissioner of Social Security Administration, Michael J. Astrue, has announced a Compassionate Allowance Program, which will provide for a fast track disability review of 6 to 8 days. There are 250,000 people annually who will have their cases fast tracked.

The diseases and cancer's covered are:

1. Acute leukemia

2. Adrenal cancer with distant metastasis or in operable, unresectable, or recurrent

3. Alexander Disease.

4. Amyotropic Lateral Sclerosis (ALS)

5. Anaplastic Adrenal Cancer

6. Astosytoma (Grade 3 and 4)

7. Bladder cancer with distant metastasis or in operable, unresectable, or recurrent

8. Bone Cancer with distant metastasis or in operable, unresectable, or recurrent

9. Breast Cancer with distant metastasis or in operable, unresectable, or recurrent

10. Canavan Disease

11. Cerebro Oculo Facio Skeletal Syndrome

12. Chronic mylogenous Leukemia

13. Creutzfeldt- Jakob disease (adult)

14. Ependymobtastoma

15. Esophageal cancer.

16. Farber's disease -- Infantile

17. Friedreicihs Ataxia

18. Frontotemporal Dementia

19. Gallbladder cancer

20. Gaucher disease -- Type Two

21. Brain Tumor

22. Head and Neck Cancers with distant metastasis or in operable, unresectable, or recurrent

23. Infantile Neuroaxonial dystrophy

24. Inflammatory breast cancer

25. Kidney cancer -- inoperable or unresectable

26. Krabbe Diseases -- infantile

27. Large Intestine Cancer with distant metastasis or in operable, unresectable, or recurrent

28. Lesch-Nylhan Syndrome

29. Liver Cancer

30. Mantle Cell Lymphoma

31.   Metachromatic Leukodystrophy - Late Infantile

32. Niemann-Pick Disease -- Type A

33. Non-Small Sell Long Cancer with metastases to or beyond the Hiler nodes or inoperable, unresectable or current

34. Orninthine Transcarbamylase deficiency

35. Osteogensis Imperfecta

36. Ovarian cancer with distinct metatses

37. Pancreatic cancer.

38.   Peritoneal Mesotheliioma

39.   Pleural Mesothelioma

40. Pompe Disease - Infantile

41. Rett Syndrome

42. Salivary Tumors

43. Sandhoff Disease

44. Small Cell Cancer of the Large Intestine, Ovary, Prostate or Uterus

45. Small Cell Long Cancer

46. Small Intestine Cancer with distant metastasis or in operable, unresectable, or recurrent

47. Spinal Muscular Atrophy

48. Stomach Cancer with distant metastasis or in operable, unresectable, or recurrent

49. Thyroid Cancer

50. Ureter Cancer with distant metastasis or in operable, unresectable, or recurrent

If you or a family member suffer from any of these diseases and need assistance with a Social Security Disability Claim, please contact Sharon Barrett of Cavey and Barrett by calling 727-894-3188.

Florida's minimum wage to go up to $6.79 January 1

caveywebmail@tampabay.rr.com (News Author)3642 — Mon, 22 Jun 2009 08:00:00 EST

The minimum wage in Florida will increase from $6.67 per hour to $6.79 per hour on January 1, 2008. The minimum wage applies to all employees in the state who are covered by the federal minimum wage. The definitions of “employer,” “employee,” and “wage” are the same as established under the federal Fair Labor Standards Act (FLSA).

Employer can reduce injured worker's pay

caveywebmail@tampabay.rr.com (News Author)4266 — Mon, 22 Jun 2009 08:00:00 EST

Question: I have a clerical job at a large, non-union health-care facility, in which one of my responsibilities is lifting and moving heavy file folders. A few weeks ago, I hurt my wrist on the job. It was painful enough that I had to go home, though not before I was required to take a drug-and-alcohol test.

For more information, follow the link below.

Florida's Shrinking Growth Rate Impacts Disabled Floridians

caveywebmail@tampabay.rr.com (News Author)6498 — Mon, 22 Jun 2009 08:00:00 EST

In a front page article in Sunday, November 30, 2008 edition of the St. Petersburg Times, Marry Ellen Klas and Steve Bosquet pointed out that Florida is reduced growth rate has impacted the State's ability to balance our budget. Fewer newcomers are moving to the state of Florida.

For years, legislators have relied on population growth to help the state pay its bills and avoid recession instead of addressing fundamental flaws in Florida's economic system.

Alex Sink, CFO of Florida, was quoted as saying "we are writing checks like crazy and the money isn't coming in." Governor Crist and the Florida legislature have addressed the economic crisis by cutting spending, borrowing from cash reserves, reducing state agency budgets and changing the timetable for building roads. Governor Crist is optimistic that the "sun will shine on Florida again" but is open to a special session in January so that legislators can "make deeper budget cuts."

Governor Crist wants to "shield public schools and health care from more reductions."

Until the Florida legislature has the courage to address the fundamental structural changes required in Florida's tax system, all Floridan's will suffer - even Floridians who are disabled and needed medical care.

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.

How many American Service Members Suffer from P.T.S.D?

caveywebmail@tampabay.rr.com (News Author)8100 — Mon, 22 Jun 2009 08:00:00 EST

Counting the Walking Wounded by Lawerance M. Wein, New York Times

A War Medal for Psychological Suffering, Why Not?

caveywebmail@tampabay.rr.com (News Author)8099 — Mon, 22 Jun 2009 08:00:00 EST

Troubled Minds and Purple Hearts by Tyler E. Boudreau, New York Times

Immokalee farmworker rights group ready to protest today outside Burger King HQ

caveywebmail@tampabay.rr.com (News Author)3776 — Mon, 22 Jun 2009 08:00:00 EST

The Coalition of Immokalee Workers is ready for its massive boycott march toward Burger King corporate headquarters to get the fast-food chain to agree with their demands to improve wages and working conditions to farmworkers who harvest tomatoes. After a statewide tour with peaceful protests and workshops, the organization’s national push will culminate Friday at the Burger King corporate headquarters in Miami. For more information, follow the link below.

Study Shows Minimum Wage Not Enough to Live In Parts of Florida

caveywebmail@tampabay.rr.com (News Author)4128 — Mon, 22 Jun 2009 08:00:00 EST

People earning the state minimum wage of $6.79 an hour cannot afford to live in Nassau County, according to a recent study looking at what it costs to live here.

And even when the national minimum wage goes to $7.25 in 2009, it still won't be enough.

It takes a full-time hourly wage of at least $8.53 for an individual living alone to $24.65 an hour for a single parent supporting three babies to pay the most basic bills, according to the Self-Sufficiency Standard for Florida report issued in November by the Human Services Coalition, a nonprofit Miami organization that monitors health and human service needs.

For mor information, follow the link below.

Increase in Federal Minimum Wage

caveywebmail@tampabay.rr.com (News Author)6670 — Mon, 22 Jun 2009 08:00:00 EST

Did you know that the U.S. Congress passed the Fair Minimum Wage Act of 2007 that will increase the minimum wage from $5.85 over the next 2 years?

Effective July 24, 2008 the federal minimum wage for covered non-exempt employee was increased from $5.85 to $6.55 and as of July 24, 2009 the federal minimum wage will increase to $7.25.

If your employer is not paying you for the time you have worked, contact the wage and hour lawyers at Cavey and Barrett. While we are based in Sti. Petersburg (Pinellas County), we represent employees throughout the State of Florida who are not paid the overtime wages they have rightfully earned.

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.

Wal-Mart Pays $352 to $640 Million Dollars for Wage & Hour Claims

caveywebmail@tampabay.rr.com (News Author)6824 — Mon, 22 Jun 2009 08:00:00 EST

Wal-Mart Stores Inc., has agreed to pay between $352 and $640 million to Wal Mart employees who hve not been paid thier rightful wages. Wage and Hour lawyers have filed over 63 wage and hour abuse lawsuit against Wal-mart for various wage and hour violations of the U.S. Fair Labor Standards Act.

The U.S. Fair Labor Standards Act is enforced by the Wage-Hour Division of the U.S. Department of Labor (DOL) www.dol.gov and is the basis of wage and hour lawsuits.

If you have any questions about whether you not you have been paid the proper wage by your employer, please contact Nancy cavey, at Cavey and Barrett, your Florida wage and hour rights law firm.

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.

First District Enters Confusing Decision on First Responder's Burden of Proof In Heart and Lung Cases

caveywebmail@tampabay.rr.com (News Author)7568 — Mon, 22 Jun 2009 08:00:00 EST

In a confusing 18 page decision issued on February 27, 2009 in Punsky v. Clay County, the First District Cout of Appeals muddied the whole issue of burden of proof in First Responder Heart and Lung Cases. The 4 page concurring opinion by Judge Benton tries to make sense of who proves what and when. I will write more about this decision, it's impact and what we can expect in the way of legislation.

In the meantime, I would suggest you read the decision for yourself.

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.

Attorney Fees and Wage and Hour Cases

caveywebmail@tampabay.rr.com (News Author)7746 — Mon, 22 Jun 2009 08:00:00 EST

A Tampa Federal Judge decided not to award attorney's fee and costs to a law firm in Tampa that sued another law firm for unpaid overtime pay due to a former employee. The Judge found there were "special circumstances" that can render an award of fees noting that the plaintiff's lawyer had not sent a "pre-suit demand letter or call the defendant law firm in an attempt to resolve the claim before filing a lawsuit.

At Cavey and Barrett, we attempt to resolve any wage and hour claim before we file any lawsuit. If we can resolve your case before the litigation starts, we think we have done our job for you! While pre-suit notice is not required, we think it is best to resolve any unpaid overtime wage case without litigation, if we can. Judge's pay attention to trying to do right!

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.