Practice Areas

Long Term Disability ERISA and Private Disability Insurance Claims

Social Security Disability (SSD)

Berkshire Disability Insurance Denied Policy Holders| Florida Berkshire Disability Denied Attorney

Carrier Claims - View By Carrier

Hartford Claims Denied

Florida City and State Pension Disability Claims

more

FREE Books

Florida's First Responder Heart/Lung Benefits: What You Need to Know

Your Wage and Hour Rights -Information Your Employer Never Wanted You to Hear.

Your Rights to Social Security Disability Benefits - Information the Social Security Administration Rarely Tells Your About Your Claim.

Robbed of Your Peace of Mind? Important Information on Long Term Disability Insurance Policies, The Claims Process, and How to Win Your Long Term Disabality Benefits.

Latest News

• MS Awareness Week | Move It!
• Floridians Lead Nation In Paying Off Credit Debit By Not Mortgages
• 2011 Toyota Sienna Offers Disability Access Chair For Disabled People
• Results of 2009 US Group Disability Market Survey
• Xenotropic murine leukemia virus-related virus, or XMRV NY Times Article
• Seattle Children's Hospital Betrays Trust of Autistic Teen's Family and Seattle Families In Prescribing Fatal Overdose
• Nancy Cavey's 15th Anniversary as AV Rated Attorney
• Long Term Disability Claims Surveillance and Labor Day|Florida Long Term Disabily-ERISA Denied Attorney
• Florida First Responders and Mesothelioma/Abestos
• Florida's Move Over Law and Florida First Responders

view all

Library

General

• Learn About Strokes: 5 Warning Signs
• What Every Doctor and Dentist Needs to Know About Disability | ERISA Disability Insurance: Don't Buy the Wrong Policy
• Big Insurance Doesn't Mean Good Insurance

View all

The Emma Murray Decision and Your Rights to Florida Workers' Compensation Benefits

The Florida Legislature attempted to limit your ability to find a workers compensation attorney by limiting the payment of attorneys fees to Florida workers' compensation attorneys, like Nancy Cavey, when it rewrote the attorney fee provisions of 440.34 in the 2003 legislative session.

Florida workers compensation attorneys, like Nancy Cavey, were paid attorneys fees if they successfully obtained workers compensation benefits at the expense of the workers' compensation carrier based on one of two methods... The first method allowed a workers' compensation attorney to be paid based on the hours they worked which were related to the 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 of an MRI that your doctor recommended which cost $1000, her fee would be 10% of $1000 or $100. If she spent 10 hours getting that benefit, Nancy Cavey would be paid $200 an hour or $2000.

It was a field day for Florida Workers Compensation carriers to wrongfully deny workers compensation medical and money benefits to injured for workers. The workers' compensation carrier's knew it would be difficult to for you to find a lawyer who could afford to represent you.

The Florida legislature attempted to limit attorneys fees to the value of benefit secured. Obviously, a workers compensation hearing attorney would find it very difficult to practice and pay bills if the fees were limited to the value of benefits secured. As a practical matter, many workers' compensation attorneys left the practice or developed other practices.

The Florida Supreme Court entered a blockbuster decision on October 23, 2008 on the workers' compensation attorney's fees provisions of the 2003 workers compensation statute in Emma Murray v. Mariner Health, 33 Fla. L. Weekly S845. Click to read the decision. http://www.floridasupremecourt.org/decisions/2008/sc07-244.pdfs

The Murray decision made it clear at the Florida legislature had not properly defined "reasonable attorneys fee" in a 2003 legislation. The court 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' of Florida, who will now be able to find an attorney who can afford to represent them and in their Florida workers compensation claims.

If you have questions about your rights to Florida workers compensation benefits, please contact Tampa Bay area workers compensation attorney Nancy Cavey.

Thank you, Ms. Murray!

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.

Contact Us Today - Free Consultation

Videos

General:

• Help with LTD
• Help with LTD
• My Friend Ben | Virginia Accident Lawyer | 5 Deadly Sins
• My Friend Ben | Virginia Accident Lawyer | 5 Deadly Sins

view all

FAQs

General

• Can I work while I am getting Social Security Disability benefits?
• Q: Does everyone on Medicare have Part B coverage?
• Q: How do you apply for Medicare?
• Q: What advice do you give to disability applicants?
• Q: Where does the Tampa Bay hearing office rank in scheduling delays?
• Am I entitled to sick days?
• No. 9 - Disability insurance companies are increasing their denials.
• Help! My Claim for disability benefits has been denied. What should I do next?
• Will it go easier if you have a Social Security Disability Attorney?
• Am I entitled to Florida Overtime Wages if My Employer Makes Me Work Before or After I Am on the Clock?
  
• Do I need a Social Security Disability lawyer?
• Should I be paid overtime if have to take work home?
• Am I entitled to overtime wages in Florida if I work as a housekeeper, full-time babysitter, or cook?
• Is it hard to get Social Security Disability Benefits?
• What are the advantages of having a Social Security Disability lawyer represent me?
• How do I pick a Social Security Disability Lawyer?
• Do I have to have a lawyer in my town to represent me in my Social Security Disability case?
  
• How do I apply for Social Security Disability Benefits?
• Am I qualified to collect an overtime wage in Florida, if I am not a U.S. Citizen?
• What should I wear to my Social Security Disability Hearing?
  
• Will my spouse's income affect my entitlement to Social Security Disability?
• Can a Social Security Disability attorney help you get your medical records?
• Does my employer have to pay me benefits under Florida Law or Federal wage and hour law if I am working part-time (less than 40 hours per week) or working full-time?
• What will happen at my Social Security Disability Hearing?
  
• Am I responsible for making sure my file is complete and updated before my Social Security Disability Hearing?
  
• How does Social Security define "disability"?
• How do I apply for Social Security Disability Benefits?
• How long will it take to get my Social Security Disability check once I am approved?
• What is a Residual Functional Capacity Form?
• Must I have a pre-employment physical for the Heart and Lung Act to apply to me?
• Does Cavey and Barrett handle wage and hour claims all over the State of Florida?
• How can my Social Security Attorney Help The Social Security Disability Administrative Law Judge?
• Can Cavey and Barrett help me with my inital Claim for Social Security Disability Benefits?
• What can I do if I was not compensated for the hours I worked?
• I am a paid employee who has worked overtime. Should I get compensated for the overtime?
• Is it possible to obtain both the State Workers’ Compensation Benefits and Social Security Benefits?
• How is it determined under law whether I am an employee or an independent contractor for the purpose of Workers’ Compensation Claims?