Practice Areas

MS Awareness Week | Move It!
The National MS Society is celebrating its MOVE IT campaign this week. MS Awareness Week
Doctor Pleads Guilty to Insurance Fraud | Collecting Disability
Doctor Lawrence Saks pleads guilty to insurance fraud by collecting insurance while still working.
SSA Anticipates 3.4 Million People Will file for SSD Benefits in 2010
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.
Floridians Lead Nation In Paying Off Credit Debit By Not Mortgages
Floridians based on a St. Petersburg Times article, can pay their credit card debit but are letting their mortgages lapse.
New Social Security Administration Building Set for Central Avenue
A New Social Security Administration building is set for the former Bank of America at 830 Central Avenue in St. Petersburg.
UNUM to Cut Jobs and Outsource | UNUM Disability Claim Lawyer
In a new report, UNUM is said to layoff some of their employees and send the work to overseas workers.
Social Security and VA Sharing Electronic Records
In February 2010, the Social Security Administration will begin sharing health infomration electronically with the Veterans Administration.
Tampa Makes 11th our of 142!! | Processing SSI Claims
Tampa Ranks 111th out of 142 for processing Social Security Disability Claims.
Dateline NBC Special Report about ERISA Disability Carriers
A Dateline NBC Special Report on Healthcare and ERISA Disability Carriers and how they reject claims.
Concussions Hide Hidden Long Term Disability Effects
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
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
Toyota brings a 2011 Toyota Sienna that has a access seat that is automatic for people with disabilities.
Complaints About UNUM Provident Insurance Company Disability Denials
Consumer Affairs Complaints about UNUM Provident Insurance Company disability denials | UNUM Disability Denied Attorney
Tips for 2010 for Long Term Disability Insurance
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
Here’s a short list of interesting facts about Social Security from the Brandenton Herald
Workers Compensation for Police Officer Case
Carney v Sarasota PD In this workers' compensation case, the judge of compensation claims held that claimant law enforcement officer was not entitled to the presumption afforded by section 112.18(1), Florida Statutes (2007), 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. We agree and, accordingly, reverse.
LINA Insurance Case Went Wrong for Blogger
Sixty-three-year-old “Lorraine,” an anonymous blogger, tells a heartbreaking story about LINA insurance and a disability claim that went wrong
Impact of Unemployment Rates Causes Concern For Disability Insurance
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.
Results of 2009 US Group Disability Market Survey
View the results of the JHA's 2009 Market Research Results for Group Disability
Facebook Pic Looses Women Disability Payments
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.
H1N1 exposes weak leave policies
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
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
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
LINA, Life Insurance Company of North American, paid $600,000 to settle violations of California's claims handling laws for long term disability claims. California Insurance Commissioner Poizner is holding LINA's feet to the fire and making sure that Californian's insured by LINA are protected. Are you being denied your LINA disability benefits?
Seattle Children's Hospital Betrays Trust of Autistic Teen's Family and Seattle Families In Prescribing Fatal Overdose
Seattle Children's Hosptial betrayed the trust of the Blankenship family, whose autistic son was killed after a dental procedure at Seattle Children's Hospital, as a result of a fatal overdose of pain medication prescribed by hospital employees. While admitting their mistake, the Seattle Children's hospital, which has a Center for Children with Special Needs, has decided that fair compensation for an autistic child is less than other children. Despite its self appointment as a "world class health care center for children, Seattle's Children's hospital has walked away from an opportunity to help the Blankenship family heal from this tragedy and support the autism community in Seattle.
Tampa Social Security Office's Shocking Delay In Processing Social Security Disability Claims
The SSA Website Provides State hearing backlog numbers by State which show that the Tampa Social Security Disability office takes 602 days to process a disability claims. That is 118th out of 141 hearing offices. Cavey and Barrett can help you through this lengthy Social Security Disability Hearing process.
Alzheimer's Disease and Your Rights to Social Security Disability Benefits
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.
September is Pain Awareness Month
September is Pain Awareness Month and organizations like the American Pain Foundation give hope and guidance to millions of Americans who suffer from pain. September 26 is the National Day of Action for the Power over Pain Action Network. Cavey and Barrett support organizations like American Pain Foundation.
Medicare Benefits and Your Social Security Disability Claim- Delay Can Cost You Medical Coverage
One of the most important reasons to apply for Social Security Disability Benefits is Medicare eligibility which has a 24 month waiting period. Your delay in applying for Social Security disability will delay your Medicare coverage and can result in a gap of medical coverage.
Nancy Cavey's 15th Anniversary as AV Rated Attorney
Attorney Nancy Cavey is celebrating 15 years of receiving the highest possible rating for lawyers- the AV rating.
Florida First Responders and Mesothelioma/Abestos
Florida First responders can be exposed to toxic substances as a result of fighting fires or raiding drug labs which can cause all types of breathing problems and even cancers. You might be entitled to Florida workers' compensation benefits for Florida First Responders exposed to toxic chemicals or diseases such as TB or meningitis.
Long Term Disability Claims Surveillance and Labor Day|Florida Long Term Disabily-ERISA Denied Attorney
Surveillance is widely used by long term disability insurance companies around major holidays, like Labor Day, to catch you doing something inconsistent with your Activities of Daily Living Statement. Don't destroy your long term disability claim or set yourself up for an ERISA/long term disabilty claims denial.
Florida's Move Over Law and Florida First Responders
The Florida Move Over Law is designed to protect Florida first responders who are responding to emergencies but many just don't comply with the law. New enforcement efforts are on the way to protect Florida first responders.
The Recession and Long Term Disability Claims
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. At Cavey and Barrett, we are finding LTD carriers are delaying decisions on long term disability cases because of economic issues.
Social Security Disability Backlog Update|Tampa Bay Social Security Denied Lawyer
NPR has done yet another feature article about the Social Security Disability backlog and the devastating impact of that delay. Find out how the delay begins in each state.
Faking Medical Records and Defrauding the Long Term Disability Insurance Company|Tampa Disability Denied Attorney
Metropolitan Life disability claimant, Rose Durbin, created false medical records to allow her to keep on getting long term disability benefits after she returned to work. She admitted to fraud and is going to jail. Fraudulent claims hurt all long term disability applicants.
Tips on Picking the Right Social Security Disability Lawyer|Tampa Social Security Disbility Denied Lawyers
Attorney Sharon Christie has written a great article full of tips on how to choose the right lawyer for you Social Security claim.
Social Security Wants to Kick Amputee Off Social Security Disability
Tampa resident Todd Cohen, who had his right leg amputated because of cancer, has gotten notice that his Social Security Disability benefits will be stopped in October because "his condition has improved." He has a hearing before a Social Security Judge to learn if he still qualifies for Social Security disability benefits. He should have an experienced Tampa Bay Social Security disability lawyer.
Understanding the Risk of Disability | Disability Lawyer | Florida
The risk of disability is a real problem. Nancy Cavey, Esq has written the go-to book "Robbed of Your Peace of Mind" to assist you with your Long Term Disability and ERISA claims.
How CIGNA Began
CIGNA Corporation was formed as a result of Insurance Company of North America (INA) and Connecticut General in 1982.
The "Fake Bad Scale" - The Weapon Used to Deny Long Term Disability Cases - Florida Denied Long Term Disability Lawyer
The StarTribune has written a great article about the MMPI and how the "Fake Bad Scale" is used to wrongfully label people as "faking or exaggerating symptoms." The "Fake Bad Scale" test result are used by long term disability carriers to justify their decision to deny long term disability claims.
State of Washington Bars Discretionary Clauses in Disability Policies
A number of states, like Washington, had prohibited disability insurance companies from using discretionary clauses in disability policies. This prevents long term disability companies from hiding behind the "we denied your benefits and the courts can't make us change our minds" rationale for many long term claims denials.
Have You Been "Diggled"?- Long Term Disability Denied Lawyer
Many long term disability companies, such as Hartford, will ask to take a statement from you. Beware of this request and be properly prepared. Some investigators, like Mr. Diggle, can cross the line and accuse your of lying and being a fraud. If you get a call from a long term disability carrier asking to take your statement, don't be "Diggled."
Social Security Hearing Secrets
Social Security Disability Appeals, Social Security Reviews, Federal Administrative Law Judge Review, Residual Functional Capacity
Social Security Administration Fast Track Disability Review
The Social Security Administration has created a compassionate allowance program that provides for fast decision on cases where the Social Security disability applicants suffers from certain diseases or cancers. Learn which conditions are covered by the compassionate allowance program.
Florida's minimum wage to go up to $6.79 January 1
Increase in minimum wage
Employer can reduce injured worker's pay
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.
Florida's Shrinking Growth Rate Impacts Disabled Floridians
Florida's economic free-fall is squeezing basic public services in Florida. For the third year in a row Florida will take in less tax revenue which will result in decreased services for disabled Floridians.
How many American Service Members Suffer from P.T.S.D?
In an interesting Opinion Editorial by Lawrence M. Wein examine the dismay in regards to recording the number of veterans suffering from Post-Traumatic Stress Disorder. Please take a look at his article from the New York Times.
A War Medal for Psychological Suffering, Why Not?
An interesting New York Times Opinion Editorial by Tyler E. Boudreau examines the ongoing debate of the Pentagon’s recent decision not to award Purple Hearts to Veterans and Soldiers suffering from Post-Traumatic Stress and other psychological disorders. Please take a look at his article and ask yourself the question of should the US Military create a medal for psychological suffering?
Immokalee farmworker rights group ready to protest today outside Burger King HQ
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 farm-workers 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
Study Shows Minimum Wage Not Enough to Live In Parts of Florida
Increase in Federal Minimum Wage
Congress passed the Fair Minimum Wage Act of 2007 which changed the Fair Labor Standards Act (FLSA) to increase the minimum wage during the next 3 years.
Wal-Mart Pays $352 to $640 Million Dollars for Wage & Hour Claims
Wal-Mart has agreed to pay $352 to $640 million dollars for wage and hour claims. Many employees are not paid a proper wage in violation of the U.S. Fair Labor Standards Act.
First District Enters Confusing Decision on First Responder's Burden of Proof In Heart and Lung Cases
When is a presumption not a presumption? The First District has entered a confusing 18 page decision on a First Responder's burden of proof under the Heart and Lung Act. What does the First responder have to prove to be entitled to the benefit of the presumption and when does the burden shift to the Employer?
Attorney Fees and Wage and Hour Cases
While your employer may not have paid you the overtime you are due, it is important that your attorney try to resolve the unpaid overtime issue before filing a lawsuit. A federal judge in Tampa says to play nice before filing an overtime claim.
FLSA Collective Actions and Commissoned Car Salesmen -Tampa Bay FLSA Attorney Nancy Cavey
A Fair Labor Standards Act claims against Bill Seidele's Nissan brought by car salesman who alleged they were not paid a federal minimum wage because they were paid commissions only.
New Medication to Treat Post Dramatic Stress Disorder (PTSD)
Florida First Responders can suffer from post traumatic stress disorder (PTSD) as a result of their job. New medications are being developed to treat the symptoms which are compensable under the Florida Workers Compensation law.
Cool Therapy Helps Cardiac Arrest Patients Increase Chance of Survival
In some U.S.cities, like Miami, ambulances are now taking cardiac patients to hospitals that use a cooling therapy that reduces the chance of brain damage and increases the chances of survival.
National council recommends 16.5 percent rate decrease for workers compensation in Florida
National council recommends 16.5 percent rate decrease for workers compensation in Florida
Regulators: Cut workers' compensation rate even more
It's not just property-insurance companies that have earned special attention from state insurance regulators.
Study Targets Prescription Savings in Workers' Compensation for Chronically Injured
Chronically injured workers – those who remain injured for four years or more – represent only 17 percent of all injured workers, but account for 45 percent of all workers' compensation prescriptions, and nearly 65 percent of all pharmacy costs.
Insurance regulators release annual report on workers comp insurance, approve 18.4 percent rate reduction
Florida is the largest workers' compensation insurance market in the nation dominated by private market insurers, according to a state report released this morning.
Employers owed $42 Million
Employers owed $42 Million
Florida Workers' Compensation Rates Reduced For 5th Consecutive Year
On New Year's Eve, the Florida Office of Insurance Regulation released its annual report on the state of the market for workers' compensation insurance to the Florida Legislature.
Governor Crist Makes It Hard for Florida Worker's Injured on the Job To Find A Workers' Compensation Lawyer | Tampa Bay Workers' Compensation Lawyer
The Florida Supreme Court stuck down a 2003 Florida workers' compensation law that capped workers' compensation lawyer fees which had made it very hard to find a workers' compensation lawyer who could afford to help an injured employee who needed workers' compensation benefits. The Florida legislature passed a law in the 2009 Session once again limiting workers' compensation attorney fees and Governor Crist has signed it into law.

As a small business owner in Florida, I want reasonable workers' compensation rates and I want anyone who is injured while working for me to get the workers' compensation benefits they are owed. The reality is that Florida workers' compensation insurance companies routinely deny benefits knowing that an injured employee will have a very hard time finding a workers' compensation lawyer. Carriers just don't pay the benefits that are due and hid behind the claim that paying attorney fees will increase rates. That is just plain crap!

I am sure the Florida Supreme Court will be asked to resolve this issue again. It would be helpful to all Floridians if Florida workers' compensation carriers paid what is rightfully due and stopped playing with injured employee's lives!
Florida State Blocks Access To Billions In An Investment Pool; Small Governments Start Panicking
Top Florida officials decided to freeze a state investment pool of $14 billion on Thursday, after the financial panic-driven school boards and local governments started withdrawing billions of dollars from the fund.
One Family Tries To Save A Home
People facing foreclosure come from a cross section of the South Florida community. Some were speculators buying condos and homes hoping to get rich, others bought bigger homes than they could afford.
Social Security disability cases are taking longer
Steadily lengthening delays in the resolution of Social Security disability claims have left hundreds of thousands of people in a kind of purgatory, waiting as long as three years for a decision.
Disability Cases Last Longer as Backlog Rises
Steadily lengthening delays in the resolution of Social Security disability claims have left hundreds of thousands of people in a kind of purgatory, now waiting as long as three years for a decision.
Social Security Disability Hearing Delays in Tampa Bay and Propsed Legislation to Speed Up Your Hearing
It takes over 2 years to get a hearing on your Social Security Disability claim in the Tampa Bay area. Representative Kathy Castor has introduced a bill that would put the Social Security Administration under the gun to have a hearing on your Social Security Disability claim within 75 days. Benefits delayed are truly benefits denied! Read The St. Petersburg Times article below. For help on your SSDI claim contact Tampa Bay Social Security Disability attorney's Nancy Cavey and Sharon Barrett at 727-894-3188.
Your Chronic Pain is Real - Your Brain Has Been Re-Wired
Many American's are disabled by chronic pain but pain can't be seen like a broken pain. It can be hard to prove a claim for Social Security Disability benefits or long term/ERISA disability without objective medical evidence. This article explain how chronic pain can lead to a rewiring of your brain. This is objective evidence that your pain is real and disabling. Contact Cavey and Barrett for assistance in chronic pain disability cases.
Florida's Budget Crisis May Produce Care for the Disabled
Florida, most like states, as a significant budget shortfall and Florida legislators may have to try to balance the budget at the expense of disabled Floridians.
The Social Security Disability Safety Net and Price McLain's Inspiring Story
Price McClain sustained serious spinal injuries in an all-terrain vehicle accident and collected Social Security disability benefits. However, his tremendous courage and desire to return to work at Coca-Cola has paid off.
Social Security Cost of Lliving Increase For 2009
The Social Security Administration has announced a cost-of-living adjustment for 2009 of 5.8%
Are You Standing In Lline in Pinellas and Hillsborough Countny For Social Security Disability Benefits?
Social Security had a nationwide backlog of pending Social Security disability claims and the Pinellas and Hillsborough County are no exception!
Resistant Hypertension and Social Security Disability
There are different kinds of hypertension that might entitle you to Social Security Disability benefits and one is resistant hypertension. At Cavey and Barrett we specialize in handing social security disability claims involving hypertension.
Social Security Wants a Case Management System To Help with Disability Case Processing
The Social Security Administration has posted a notice at FedBizOpps asking for information about a case management system to help with disability case processing for Social Security Disability cases. At Cavey and Barrett, we suggest more local staff to assist in getting files ready for hearing would help process denied social security disability claims.
Are Your Social Secuirty Disability Benefits Taxable?
Social Security disability benefits can be taxable depending on your total income and your martial status.
New Drug Treament for Parkinson's and Your Daily Activities
Parkinson's disease impacts the activities of daily living and 2 new drugs may help with your activities of daily living. One of the key factors in your Social Security disability claim is the impact of Parkinson's on your ability to do things around your house and side effects of medication.
Attorney Fee Caps in Social Security Cases | Tampa Bay Social Security Disability Lawyer
Attorney fees in Social Security Disability Cases are limited to 25% of the back benefits up to a maximum fee of $5,300. The cap on attorney fees has been raised to $6,000.00 as of June 22, 2009.
Have You Been A Victim Of UNUM or another LTD Carrier Denial? How to Protect Yourself
People always ask me if the long term disability carrier can stop their benefits. In this tragic article, Linda explains how she became a victim of UNUM's claim practices and how her long term disability benefits were simply cut off. This is a common experience but one you can head off.

Linda does need an attorney and Nancy Cavey will work with a disability applicants so they can afford to retain an experienced long term attorney. In my book, "Robbed of Your Peace of Mind".
I explain the games that long term disability carrier's play and why it is important to have legal representation in your case.

Let Linda's story be a lesson learned.

Don't let this happen to you! Learn how to protect yourself!
Long Term Disability Benefits and Acupuncture for Chronic Headaches
Chronic headaches can be a disabling condition under many long term disability policies. Many long term disability policies require that you be under active medical care and a new article establishes that acupuncture provides relief of chronic headaches.
Lawyer Advertising for Long Term Disability Cases and Attorneys Cavey and Barrett
James Sokolove, who is a heavy TV advertiser, had not seen the inside of a court house for over 30 years and does not take long term disability cases to trial. Atty Sokolove makes his fees based on what is called a referral fee. Cavey and Barrett handle your file personally. We are trial lawyers and not advertising mavens.
Is the long-term disability carrier entitled to repayment because I got Social Security Disability benefits?
Long term disability insurance companies can reduce your long term disability benefits by what you get in social security disability benefits. Read your policy to learn if the ERISA/long term disability insurance company has the right to reduce your long term disability benefits.
One Woman's Struggle Against UNUM and the Power of Persistence
Cee-Cee, who for many years faithfully paid her premium to UNUM, was wrongfully denied her long term disability benefits. Cee-Cee fought for and got the long term disability benefits she desperately need. Cee-Cee is an inspiration to all who have been denied disability benefits.
The Smart Long Term Disability Consumer Guide For Preparing For Your Statement And Field Visit Published
Florida Long Term Disability Lawyer Nancy Cavey has just published "The Smart Long Term Disability Consumer Guide For Preparing For Your Statement And Field Visit" which will help you avoid the 23 mistakes short and long term disability applicants make that can destroy their disability insurance claim when the long term disability adjuster comes calling.
Representing Denied Berkshire Disability Insurance Policy Holders | Cavey and Barrett
Berkshire Disability Benefits denied lawyer Nancy Cavey has posted a number of articles about Berkshire disability insurance and claims handling for those Berkshire policy holders whose claim has been delayed, disputed, denied or terminated.
Floirda Hartford Disability Claim Denial Lawyer
New library pages have been posted about Hartford disability claims denials and Florida disability claim denial law firm Cavey and Barrett, at caveylaw.com
New Study Links Firefighter Job Duties and Risk Factors to Cardiac Disease
The Punsky II decision makes it clear that Florida's Heart and Lung Presumption can be overcome by clear and convincing evidence. One of the workers' compensation carrier's favorite defenses is that personal risk factor can overcome the presumption. This new study helps destroy the Florida workers' compensation defense to First Responder cardiac claims.
1,424 Family Dollar Store Mangers Are Non-Exempt and Entitled to Overtime
In Morgan v. Family Dollar Stores, Inc. the 11th Circuit Court of Appeals, which includes Florida, found that 1,424 Family Dollar Store Mangers Are Non-Exempt and Entitled to Overtime. This blockbuster decision opens the door for overtime claims for misclassified store managers.
Plantation Florida First Responder Improperly Fired
Florida First Responder, Jude Diaz, was wrongfully terminated for attempts to unionize the Plantation Fire Department and won the first round in a retaliation claim against the Plantation Fire Department
Wage ad Hour Law Firm Sanctioned for Soliciting Lost Wage Claims
The Florida Bar has strict rules that prevent Florida wage and hour law firms from soliciting clients who might have a wage and hour claim for unpaid wages.
Judge Jenkins Rejects Hernanado Cournty Sheriff's Argument That Risk Factors Are The Same as Causation
Judge Jenkins found Deputy Gore's heart attack was covered under Florida's Heart and Lung Act and rejected Hernando County Sheriff's argument that cardiac risk factor where enough to defeat the cardiac presumption.
Florida Miinimum Wage and Reporting Tips for Overtime Purposes
Wage and hour laws are confusing for both employers and employees. Martin Segal, of the Miami Herald, wrote an article about the Florida minimum wage and tips.
South Florida Stores Put Profits Before the Safety of Minors In Violation of the Fair Labor Standards Act
The FLSA protects minors in 17 non-agricultural occupations that the Labor Department has declared hazardous including operating power-driven paper products machines.

Minors may not work more than three hours on school days, eight hours on nonschool days, 18 hours in school weeks or 40 hours during nonschool weeks. The regulations detail that 14- and 15-year-olds may work during non-school hours, but no later than 7:00 p.m. (9:00 p.m. from June 1 until Labor Day)

Stores in 3 malls in South Florida were caught and fined for FLSA violations involving minors.
Florida's Minimum Wage Increased to $7.21
The federal minimum wage in Florida increased to $7.21 effective January 1, 2009. Tipped employees get a direct wage of $4.19 which is the Florida state minimum wage.

If you have not been paid your correct wage contact Cavey and Barrett, Tampa St. Petersburg wage and hour lawyers.
Wal-Mart Pays $54 Million To Settle Wage & Hour Claim for Missed Meal Breaks
Wal-Mart, who has been sued more than 70 times, for making their employees miss required breaks or work off the clock has settled a Minnesota case for $54.25 million dollars.
Should A First Responder Have a CT Angiogram or a Conventional Angiogram?
A December 2, 2008 New Times article discusses the current debate among cardiologists about whether CT angiography is as effective as conventional angiograms. These studies are used to determine if Florida First Responders with blocked arteries need angioplasty or bypass heart surgery.
Starwatch consumer: Burger King pressures suppliers
Burger King is telling suppliers it may stop buying tomatoes from southwestern Florida, where farm-workers have fought to get the hamburger chain to pay more for its produce, according to a letter obtained by The Associated Press.
Six Florida Contractors Cited In Surprise Sweep
Six Florida Contractors Cited In Surprise Sweep
Florida Celebrates Disability Mentoring Day
Two high-school students with disabilities were creating a short digital film on Wednesday with help from Challenger Learning Center program director Harry Hawbecker.
Washington Mutual faces class action suit on alleged ERISA violations
Washington Mutual Inc employees filed a class-action lawsuit...
Keller Rohrback L.L.P. Announces Ongoing ERISA Investigation of the First American Corp. 401(K) Savings Plan
Keller Rohrback's investigation involves concerns that First American and other administrators of the Plan may have breached their ERISA-mandated fiduciary duties of loyalty and prudence to participants and beneficiaries of the Plan. A breach may have occurred if the fiduciaries failed to manage the assets of the Plan prudently and loyally by investing the assets in Company stock when it was no longer a prudent investment for participants' retirement savings.
Long Term Disability Insurance Companies And Use of Evidence Based Disability Guidelines
The Reed Group, whose medical review services are used by long term disability insurance companies to deny long term disability/ERISA claims, has published the 5th Edition of "The Medical Disability Advisor: Workplace Guidelines for Disability Durations. This book attempts to use "evidence based" and not "medically based" guidelines to limit disability payments. If you are a long term disability claimant, you need to be aware of these kinds of guidelines that can be used to limit your disability benefits.
Long Term Disability Benefits and College Financial Aid
Filling out college financial aid forms can be confusing! If you are disabled and your child is apply for college financial aid learn how FAFSA treats your disability income for financial aid purposes.
UNUM's Long Term Disability Claims Handling Process Robs Policy Holders of Their Peace of Mind
UNUM, who entered into a Multi-State Agreement to clean up their long term disability claims handling process, seems to be back to its "delay and deny" tactics.
UNUM Disability Denial Lawyers | Cavey and Barrett | Flordia
Library pages have been added to caveylaw.com about UNUM Disability Claims and UNUM Provident disability claim denials.
Proposed Federal Law Will End Medicare Waiting Period | Tampa Social Security Disability Lawyer
There is a 24 month waiting period after your Social Security Disability benefits are awarded before you get your Medicare coverage. Federal legislation has been introduced to eliminate that waiting period.
2.6 Million Social Security Disability Claims and SSA Improvements in Claims Handling
There are 2.6 Million social security disability claims pending and the Social Security Administration is taking steps to speed up the 514 day processing period.
Improving Social Security's Collection of Medical Evidence in Social Security Disability Claims
One of the many breakdowns in the Social Security disability claims process is getting your medical records and the government has just issued a new report on how the Social Security Office can improve that process. Getting medical evidence will speed up the handling of Social Security Disability claims.
Ex-Cop Commits Social Security Disability Fraud and Steals $155K in Benefits
If you work while collecting Social Security Disability benefits, you just might go to jail and have to pay all the Social Security Disability benefits you stole.
U.S. Social Security Commissioner Michael Astrue and Representative Brown Visit Tampa Bay Social Security Offices
Tampa has one of the worst back log of Social Security cases in the United States. Newly appointed member of the U.S. House of Representatives Social Security subcommittee, U.S. Representative Ginny Brown-Waite and U.S. Social Security Commissioner Michael Astrue will visit the Tampa Bay area in an effort to address this backlog of denied Social Security claims.
Social Security Administration Asks That States Not Lay Off State Employees Who Make Disability Determinations
Social Security Commissioner Astrue asks state governors not to lay off or furlough state employees who make the initial and reconsideration level Social Security decisions in state DDS units.
New Social Security Office Planned for Tampa to Help Reduce Backlog In Social Security Diability Claims
Tampa has one of the worst backlogs of denied Social Security Claims waiting for a hearing before an Administrative Law Judge. Social Security Commissioner Astrue and U.S. Rep. Ginny Brown-Waite visited the Tampa offices on February 6, 2009 and announced that a new Tampa office was being planned to help reduce the backlog of Social Security Disability cases.
Couple indicted in disability scam
A Rapid City couple was indicted last week in federal court for allegedly lying to the government to receive disability benefits.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Good article from the Bradenton Herald about Social Security

Workers Compensation for Police Officer Case

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.

LINA Insurance Case Went Wrong for Blogger

Sixty-three-year-old “Lorraine,” an anonymous blogger, tells a heartbreaking story about LINA insurance and a disability claim that went wrong.

Impact of Unemployment Rates Causes Concern For Disability Insurance

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.

Results of 2009 US Group Disability Market Survey

View the results of the JHA's 2009 Market Research Results for Group Disability

Facebook Pic Looses Women Disability Payments

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.

H1N1 exposes weak leave policies

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

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

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

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

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

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

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

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

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

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.

Florida First Responders and Mesothelioma/Abestos

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.

Long Term Disability Claims Surveillance and Labor Day|Florida Long Term Disabily-ERISA Denied Attorney

"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's Move Over Law and Florida First Responders

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.

The Recession and Long Term Disability Claims

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.

Social Security Disability Backlog Update|Tampa Bay Social Security Denied Lawyer

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.

Faking Medical Records and Defrauding the Long Term Disability Insurance Company|Tampa Disability Denied Attorney

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

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

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

    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

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

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

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

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

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

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

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

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

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?

Counting the Walking Wounded by Lawerance M. Wein, New York Times

A War Medal for Psychological Suffering, Why Not?

Troubled Minds and Purple Hearts by Tyler E. Boudreau, New York Times

Immokalee farmworker rights group ready to protest today outside Burger King HQ

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

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

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

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

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

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.

FLSA Collective Actions and Commissoned Car Salesmen -Tampa Bay FLSA Attorney Nancy Cavey

Do you know that if a group of employees are not paid overtime that each person has their own claim or they can join in what is called a collective action. Bill Seidle's Nissan was recently sued for non payment of overtime wages because they paid their car salesman commisson only. All of the car salesman tried to join together and sue as a group.

Judge Ungaro in Galban v. Bill Seidele's Nissan, Case No. 1:09-cv-20310-uu (S.D. Florida) ruled that the Seidle Nissan car salesman did not show there were other car salesman who would opt in to the suit and had not been paid overtime. The court said there had to be "detailed allegations" backed up by sworn statements before the court would allow notice to be given to any Seidle car salesman about the law suit and their potential for unpaid overtime wages.

If you or a group of employees have not been paid overtime, there may be a collective action that can be brought against your employer for unpaid overtime. There can be more power in a group of "similiarly situated" employees who have not been paid the overtime they are due!

Tampa Bay Overtime lawyer Nancy Cavey can answer your FLSA overtime questions. You can reach her at 727-894-3188.

New Medication to Treat Post Dramatic Stress Disorder (PTSD)

Florida First Responders are not immune from Post Traumatic Stress Disorder (PTSD). Symptoms can include hyperarousal, sleeplessness, anger, and withdrawl from friends and family.

A new medication, Nepicastal, is being tested which will help First Responders who have lost their ability to accurately assess danger, which results in a constant sense of alertness.

Florida First Responder should remember that they do not need to have a physical injury to be entitled to medical treatment for psychiatric conditions, including Post Traumatic Stress Disorder (PTSD), they develop in the course of their employment.

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.

Cool Therapy Helps Cardiac Arrest Patients Increase Chance of Survival

Many people who have cardiac arrest die because their brain is starved of oxygen.

Medical studies show that if "the pulse of a patient can be restarted and the body temperture cooled to about 8 degress Fahrenheit below normal, brain damage can be reduced or minimized." According to a New York Times article, the American Heart Association endorsed "cooling for some types of cardiac arrest patients."

Please contact Cavey and Barrett, Florida First Responder lawyers, if you have any questions about your rights under the Heart and Lung Act.

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.

National council recommends 16.5 percent rate decrease for workers compensation in Florida

Efforts to reduce workers' compensation insurance by 16.5 percent could save Florida employers $650 million. So says the Florida Office of Insurance Regulation. And that could help construction firms hang on to more workers during slow times, while off-setting other expenses for white-collar firms. For more information, follow the link below.

Regulators: Cut workers' compensation rate even more

It's not just property-insurance companies that have earned special attention from state insurance regulators. The Florida Office of Insurance Regulation also is pushing the "reject" button for other types of insurers operating in the state. Regulators said Tuesday that Insurance Commissioner Kevin McCarty is calling for deeper rate cuts in workers' compensation insurance rates after rejecting a rate filing from the National Council on Compensation Insurance that would have saved Florida's employers more than $700 million. For more information, follow the link below.

Study Targets Prescription Savings in Workers' Compensation for Chronically Injured

Chronically injured workers – those who remain injured for four years or more – represent only 17 percent of all injured workers, but account for 45 percent of all workers' compensation prescriptions, and nearly 65 percent of all pharmacy costs. This means that the pharmacy needs of the chronically injured worker represent 65 percent of the savings opportunity, according to PMSI, a Florida-based provider of pharmacy and specialty products for workers' compensation. For more information, follow the link below.

Insurance regulators release annual report on workers comp insurance, approve 18.4 percent rate reduction

Florida is the largest workers' compensation insurance market in the nation dominated by private market insurers, according to a state report released this morning. The annual report to the Florida Legislature on the state of the market for workers' compensation insurance was conducted by the Florida Office of Insurance Regulation. It analyzed the availability and affordability of coverage for workers' compensation insurance in Florida for the calendar year 2006. For more information, follow the link below.

Employers owed $42 Million

Florida employers have saved millions of dollars on workers compensation costs since 2003 changes curbed premium costs.

Some of them are about to save even more.

For more information, follow the link below.

Florida Workers' Compensation Rates Reduced For 5th Consecutive Year

January 28, 2008 -- On New Year's Eve, the Florida Office of Insurance Regulation released its annual report on the state of the market for workers' compensation insurance to the Florida Legislature.

The report detailed the availability and affordability of coverage for workers' compensation insurance in Florida for calendar year 2006. In conclusion, they found that Florida is the largest market dominated by private market insurers (as compared to state sponsored residual market entities such as those in New York and California).

For more information, follow the link below.

Governor Crist Makes It Hard for Florida Worker's Injured on the Job To Find A Workers' Compensation Lawyer | Tampa Bay Workers' Compensation Lawyer

Front page news on Florida workers compensaton fees:

"CRIST SIGNS WORKERS COMP LAWYER FEE CAP

By DAVID ROYSE
THE NEWS SERVICE OF FLORIDA

THE CAPITAL, TALLAHASSEE, May 29, 2009......Without any fanfare, Gov.
Charlie Crist on Friday signed legislation sought by the business
community that will restore a statutory fee schedule for plaintiffs
lawyers in workers compensation cases.

A previous fee schedule that effectively limited how much lawyers can
earn for representing injured workers was thrown out by the state
Supreme Court last year, leading to widespread fears in the business
community that years of declines in workers comp insurance premiums
would be reversed.

And in fact, it appeared that rates were headed back up - the state
Office of Insurance Regulation had already approved one workers comp
premium increase citing the Supreme Court ruling last year in Murray v.
Mariner. Commissioner Kevin McCarty ordered a 6.4 percent increase in
workers' compensation rates in the wake of the ruling, though that can
be revisited considering the new law.

Opponents of the bill (HB 903) warned during the session that simply
restoring the cap and removing statutory language that had been in the
previous law that required workers comp fees be "reasonable," simply
invited another court challenge. The Supreme Court said in Murray that
the law was inconsistent because it limited attorneys fees to what the
fee schedule allowed, yet required they be "reasonable," and the two
things were sometime incompatible. In the Murray case, the lawyer
collected about $8 an hour under the fee schedule.

The workers compensation lawyer fee cap was one of several reforms made
by lawmakers in 2003 to try to address high premiums. And in addition to
a crackdown on fraud, it worked, as premiums dropped fairly steeply over
the last few years.

The bill, sponsored by Rep. Anitere Flores, R-Miami, in the House and
Sen. Garrett Richter, R-Naples in the Senate, was sought by nearly every
large and small business group.

And they applauded the governor's move Friday.

"With unemployment in Florida at 9.6 percent, Florida's employers need
these resources to hire more employees and assist them in transitioning
through these tough economic times," the Florida Chamber said in a
statement. "This legislation ensures injured workers receive more in
benefits than plaintiffs' trial lawyers do in fees. "

That claim is patently false! Ask any injured Florida worker if they are really getting the Florida workers' compensation
benefits they are due and the answer is "NO!". Carrier rountinely and often fraudulently denied care recommended by
the doctor they authorize to treat the injured employee.

Carrier often hire doctors who are known to say that an injured employee does not need care just to deny benefits. This law
makes it harder for injured employees to find lawyers to take their Florida workers' compensation case.

I am sure the Florida Chamber of Commerce, which sells workers' compensation policies to its members, is laughing all the way
to the bank. I never saw any reduction in my premiums when I was insured by them. I wonder where
the profit went that was made by wrongfully denying claims by using hired guns to say "no major contributing cause",
or forcing the injured employee to settle so they did not face the all or nothing EMA process invoked by carrier created
medical conflicts.

It makes me sick to think I am paying a workers' compensation premium to protect my employees when I know what games
my workers' compensation carrier will play if one of my employees is injured.

The Florida legislature and Governor Crist have once again let the Florida employers and injured workers' down udner the guise of
"greedy lawyers and fees." What the Florida public really wants to know is where is the money going that should be paid to
injured employees whose workers' compensation claims are wrongfully denied? The sound is deafeing!

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 State Blocks Access To Billions In An Investment Pool; Small Governments Start Panicking

Tallahassee, Fl. (AHN) - Top Florida officials decided to freeze a state investment pool of $14 billion on Thursday, after the financial panic-driven school boards and local governments started withdrawing billions of dollars from the fund. However, now some school districts and investors are worried and stuck as they cannot access their money. For more information, follow the link below.

One Family Tries To Save A Home

SUNRISE (CBS4) ? People facing foreclosure come from a cross section of the South Florida community. Some were speculators buying condos and homes hoping to get rich, others bought bigger homes than they could afford. The people hardest hit however are those who experienced a personal setback or tragedy shaking their very foundations. Just two years ago, Jennifer Chapman thrived as a cheerleading coach in Weston. "My whole life has changed for the worse right now." Jennifer cannot walk. An ATV accident left her in a wheelchair with nerve damage. Her doctors say she has Lou Gehrig's disease. For more information, follow the link below.

Social Security disability cases are taking longer

RALEIGH, N.C. – Steadily lengthening delays in the resolution of Social Security disability claims have left hundreds of thousands of people in a kind of purgatory, waiting as long as three years for a decision. Two-thirds of those who appeal a first rejection eventually win their cases. For more information, follow the link below.

Disability Cases Last Longer as Backlog Rises

RALEIGH, N.C. — Steadily lengthening delays in the resolution of Social Security disability claims have left hundreds of thousands of people in a kind of purgatory, now waiting as long as three years for a decision.

For more information, follow the link below.

Social Security Disability Hearing Delays in Tampa Bay and Propsed Legislation to Speed Up Your Hearing

A Times Editorial

Cut short disability's cruel waiting game

In print: Friday, July 18, 2008

Your Chronic Pain is Real - Your Brain Has Been Re-Wired

Baffling Chronic Pain Linked to Rewiring of Brain

brain

This 3-dimensional graphic shows the abnormal rewiring of the brain's right hemisphere in patients with complex region pain syndrome. The orange path shows the location of gray matter atrophy and damaged wiring in the anterior cingulate; blue shows damage in the insula; green in the medial prefrontal cortex.

CHICAGO --- Scientists peered at the brains of people with a baffling chronic pain condition and
discovered something surprising. Their brains looked like an inept cable guy had changed the
hookups, rewiring the areas related to emotion, pain perception and the temperature of their skin.

The new finding by scientists at Northwestern University's Feinberg School of Medicine begins to
explain a mysterious condition that the medical community had doubted was real.

The people whose brains were examined have a chronic pain condition called complex region pain
syndrome (CRPS.) It's a pernicious and nasty condition that usually begins with an injury causing
significant damage to the hand or the foot. For the majority of people, the pain from the injury
disappears once the limb is healed. But for 5 percent of the patients, the pain rages on long past
the healing, sometimes for the rest of people's lives. About 200,00 people in the U.S. have this
condition.

In a hand injury, for example, the pain may radiate from the initial injury site and spread to the
whole arm or even the entire body. People also experience changes in skin color to blue or red as
well as skin temperature (hotter at first, then becoming colder as the condition turns chronic.)
Their immune system also shifts into overdrive, indicated by a hike in blood immune markers.

The changes in the brain take place in the network of tiny, white "cables" that dispatch messages
between the neurons. This is called the brain's white matter. Several years ago, Northwestern
researchers discovered chronic pain caused the regions in the brain that contain the neurons --
called gray matter because of it looks gray -- to atrophy.

This is the first study to link pain with changes in the brain's white matter. It will be
published November 26 in the journal Neuron.

"This is the first evidence of brain abnormality in these patients," said A. Vania Apkarian,
professor of physiology at the Feinberg School and principal investigator of the study. " People
didn't believe these patients. This is the first proof that there is a biological underpinning for
the condition. Scientists have been trying to understand this baffling condition for a long time."

Apkarian said people with CRPS suffer intensely and have a high rate of suicide. "Physicians don't
know what to do," he said. "We don't have the tools to take care of them."

The new findings provide anatomical targets for scientists, who can now look for potential
pharmaceutical treatments to help these patients, Apkarian said. He doesn't know yet if chronic
pain causes these changes in the brain or if CRPS patients' brains have pre-existing abnormalities
that predispose them to this condition.

In the new study, the brains of 22 subjects with CRPS and 22 normal subjects were examined with an
anatomical MRI and a diffusion tensor MRI, which enabled scientists to view the white matter. In
addition to changes in white matter, the CRPS patients' brains showed an atrophy of neurons or gray
matter similar to what has been previously shown in other types of chronic pain patients.

Apkarian said the white matter changes in patients' brains are related to the duration and
intensity of their pain and their anxiety. It is likely that white matter reorganizes in other
chronic pain conditions as well, but that has not yet been studied, he noted.

His study was funded by the National Institutes of Health.

Florida's Budget Crisis May Produce Care for the Disabled

Almost weekly the St. Petersburg Times features an article about Florida's budget shortfall. It is anticipated that the Florida state budget will have a significant shortfall -- the number changes weekly. The Florida Legislature and Governor Charlie Crist are deciding whether or not to have a special session to address Florida's budgetary woes.

Budget cuts have are begun to reduce medical care services for disabled Floridians. And, unfortunately, the situation will only get worse. Senate leaders have proposed taking millions from the Florida Medically Needy Program, which serves 20,000 of Florida's most critically ill, and cutting a Medicaid program that serves 24,000 disabled and elderly Floridians.

Governor Crist has used money from various state funds, including monies from the tobacco settlement, in an effort to alleviate our budgetary shortfalls and fund services for the disabled. Those monies only go so far, and it appears as if services for disabled Floridians will be further reduced.

We can reasonably anticipate a special session if our budgetary problems persist and if Governor Chris believes that he has an agreement with the House and Senate only solution to Florida's budget shortfall.

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 Social Security Disability Safety Net and Price McLain's Inspiring Story

We all pay into the Social Security system hoping we never have to claim Social Security disability benefits. But, accidents happen and Price McClain of Jacksonville was in an all-terrain vehicle accident on November 18, 2007. Price sustained a broken neck, broken verterbra in his back and a head injury.

He applied for and began collecting Social Security Disability benefits. Price loved his job at Coca-Cola and he vowed he would return to driving his route. Coca-Cola held a job for him -- Price had never been late in 13 years!

Just one year later Price has returned to work at Coca-Cola. You can read about Price's inspiring story in an article by Terry Dickson of the Times-Union.

We at Cavey and Barrett salute Price McLain and his work ethic!

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 Cost of Lliving Increase For 2009

Did you know that your Social Security Benefits increased every year? The Social Security Administration has announced that the cost-of-living adjustment, known as a COLA, will be 5.8% four 2009. Last year's COLA was only 2.3%

The Social Security Administration has announced that the "average monthly payment for disabled workers will be $1064 and for a disabled worker, spouse and one or more child, the average monthly benefit will be $1793."

Of, course, the amount of your benefits depends on what your average earnings were for the five years before you became disabled.

If you have any questions about your rights to Social Security disability benefits, contact Pinellas and Hillsborough County Social Security disability attorneys, Cavey and 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.

Are You Standing In Lline in Pinellas and Hillsborough Countny For Social Security Disability Benefits?

Are you one of many people in Pinellas and Hillsborough County that is standing in line to get a hearing on your Social Security Disability claim?

There are over 760,000 pending disability claims nationwide! That number has nearly doubled since 2001.

Social Security has launched a program to reduce the backlog to 466,000 by 2013. That program is also designed to reduce the typical time it takes to get a ruling on a denied Social Security disability claim to 270 days.

If your claim for Social Security disability benefits has been denied, you can learn about your rights to Social Security disability benefits by ordering a copy of Cavey and Barrett's must read 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.

Resistant Hypertension and Social Security Disability

If you have resistant hypertension - high blood pressure that does not respond to 3 or more drugs- you may be entitled to Social Security Disability benefits.

It is important that you have an ambulatory blood pressure readings if you have resistant hypertension. An ambulatory blood pressure reading takes pressure readings over 24 hours and can predict future heart problems.

At Cavey and Barrett we specialize in representing Social Security Disability applicants and those who social security disability claims have been denied. Contact Sharon Barrett for a free Soicial Security disability rights analysis at 727-894-3188.

Social Security Wants a Case Management System To Help with Disability Case Processing

Charles T. Hall, author of SOCIAL SECURITY NEWS, posted an article on February 13, 1009 "Social Security Seeks Case Management System".

Mr. Hall quotes the notice posted by the Social Security at FedBizOpps webstie which indicates that the SSA is looking for a case management system "that supports a case management system to support disablity case processing for the Social Security Administration".

If the Social Security Administration is looking for a new case management system, it could look to the system that Federal Courts use but I really don't think a new case management system is need.

At Cavey and Barrett, your Tampa Bay area Social Security attorneys, we think that more staffing to get files ready for hearing and more attorney advisors would help reduce the Social Security backlog.

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 Your Social Secuirty Disability Benefits Taxable?

April 15 is coming!

At Cavey and Barrett, a Tampa Bay social security disability law firm, we are often asked during tax season if Social Security Disability benefits are taxable.

Well, it depends! It depends on your total income and your martial status. If your only income in 2008 was social security benefits your benefits are not taxable. You probably don't need to file a federal income tax return.

If you have income from other sources, your benefits will not be taxed unless your modified adjusted gross income is more than the base amount for your filing status.

In any situation, you used get tax advise from a qualified tax professional.

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 Drug Treament for Parkinson's and Your Daily Activities

A new study shows promise for the treatment of Parkinson's disease and its impact on your activities of daily living.

One of the key issues in your Social Security Disability claim is the impact of your Parkinson's on your ability to do your activities of daily living - cooking, cleaning, caring for yourself, driving and simply thinks like dressing. The side effect of medication can also impact your social security disability claim.

If you have quesions about your claim for social scurity disability and Parkinson's, contact Sharon Barrett, your Tampa Bay social security disability lawyer.

Attorney Fee Caps in Social Security Cases | Tampa Bay Social Security Disability Lawyer

Do you know how a Tampa Bay Social Security Disability law firm like Cavey and Barrett get paid?

Cavey and Barrett's attorney fee is set by the Social Security Administration at 25% of your back benefits up to a maximum of $5,300.00. The Social Secuirty rules have now been changed to increase that to a maximum of $6,000 if the attorney fe agreement is approved after June 22, 2009.

The Social Security Administartion has not increase attorney fees since February 1, 2002.

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.

Have You Been A Victim Of UNUM or another LTD Carrier Denial? How to Protect Yourself

August 28, 2008. By Jane Mundy

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Columbus, OH: In 1997 Linda (not her real name) was involved in a serious car accident which left her disabled. Unumprovident did their due diligence and decided Linda had a legitimate claim. But in 2002, they had a change of mind—no reason, no explanation.

"Unumprovident talked to my doctors, they did a lot of research before they started to pay my long term disability benefits one year after the accident," says Linda. "Then they just cut me off, right out of the blue. And I had been paying into this policy for more than 15 years without a claim."

Unum Victim

The giant insurance company didn't even send Linda a letter of explanation. Linda re-read her policy and couldn't find any reason to have her disability payments stopped. "I made my payments to them on time, I was never late on a premium panyment," she adds. "They had absolutely no reason—my circumstances hadn't changed and I am still disabled. I was living on a very limited budget and panicked—what was I going to do? I couldn't afford an attorney…

"I called Unum (formerly UnumProvident) but don't remember exactly what was said because I have problems with my memory since the accident. But I do remember them saying something like 'That is our policy, that's just the way it is.' Then I asked them to send me a registered letter to explain why my benefits were cancelled.

Meanwhile, I still continued to make payments on my premiums because the reason they cut me off was obviously a mistake and I would soon be compensated—I assumed they would figure it out and I would get a check with back pay. I've been afraid all these years to stop payments to Unum. I thought about canceling my policy but then I heard about a class action lawsuit.

I heard that Unumprovident had illegally stopped paying long term disability benefits for no apparent reason on people like me who were disabled. Since Unum cut me off, I have been getting social security benefits and it has been a hardship. And I still haven't got the letter from them."

This is just one of the tactics UnumProvident (also called First Unum and Unum) uses to deny legitimate disability insurance claims. In cases like Linda's, they simply stop payments to policy holders without an explanation while others are denied a claim outright. Unum has found many ways to practice bad faith.

UnumProvident was accused of bad faith denials of legitimate disability insurance claims and a class action lawsuit was first filed in November 2002 but it was transferred to Tennessee and certified in September 2007. The suit alleges that UnumProvident devised a scheme to illegally deny or terminate the long-term disability claims of thousands of people in violation of the federal Employee Retirement Income Security Act of 1974.

The lawsuit alleged that UnumProvident, now called Unum Group, cut costs by denying and terminating claims; provided financial incentives to in-house physicians who would rubber-stamp previously made business decisions; and authorized more senior in-house doctors to change the written reports of other "uncooperative" in-house doctors in order to justify a claim denial or termination.

According to court documents, the class is defined as "all plan participants and beneficiaries insured under ERISA-governed long-term disability insurance policies/plans issued by UnumProvident and the insuring subsidiaries of UnumProvident throughout the United States who have had a long-term disability claim denied, terminated, or suspended on or after June 30, 1999, by UnumProvident or one or more of its insuring subsidiaries after being subjected to any of the practices alleged in the complaint."

An Unum representative said in September that "most, if not all, of the potential class members have already been well served by the claim reassessment process that is currently scheduled to conclude before the end of the year."

Linda has not yet been "well served" by Unum.

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 Benefits and Acupuncture for Chronic Headaches

At Tampa Bay based Cavey and Barrett, many of our long term disability clients suffer from chronic headaches. Many long term disability/ERISA policies require long term disability claimants to get ongoing medical treatment.

An article in the December 2008 issue of Anesthesia and Analgesia reviewed controlled trials in adults who have chronic headaches comparing the use of acupuncture wiht medication showed that 62% of patients had significant response to acupuncture. Acupuncture is an "alternative method of treatment that is starting to move into the mainstream."

If you suffer from chronic headaches and are having problems getting the long term disability benefits you deserve, contact Nancy Cavey, an experienced long term disability 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.

Lawyer Advertising for Long Term Disability Cases and Attorneys Cavey and Barrett

Biggest-Advertising Lawyer Spent $20M in 2007

Posted Jan 7, 2009, 08:20 am CST

By Debra Cassens Weiss

Massachusetts lawyer James Sokolove is the biggest-spending legal advertiser, but he no longer tries any cases.

Sokolove spent more than $20 million advertising his firm in 2007, but he refers all of his cases to other lawyers and takes a percentage of the recovery, Boston Magazine reports in a profile. Sokolove spent twice as much as the next-biggest lawyer advertiser, the magazine says, and his radio and TV ads run once every eight seconds. His firm is keeping tabs on some 10,000 referred cases, and the clients who sought him out have won or settled for more than $2 billion in damages, the story says.

“Despite his prodigious success and his omnipresent image as a bulldog attorney, Sokolove hasn't seen the inside of a courtroom in nearly three decades,” the story says. “Truth be told, he's argued only one case before a jury; it was back in the early 1970s, and he lost. It wasn't tenacious lawyering that allowed Sokolove to build a legal empire, but rather his prowess as a businessman and an innovator.”

Asked about his reputation as an ambulance chaser, Sokolove told a reporter, “Yeah, the best you've ever seen."

At the Law Firm of Cavey and Barrett, Nancy Cavey handles your file personally!

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 the long-term disability carrier entitled to repayment because I got Social Security Disability benefits?

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-tern 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.

Coca Cola 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. Nancy Cavey, a Florida based ERISA/long term disabilty lawyer, has written "Robbed of YOur Peace of Mind" which outlines what terms you do not want to see in your ERISA/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.

One Woman's Struggle Against UNUM and the Power of Persistence

UNUM continues to unfairly deny valid long term disability benefits to its policy holders.

The story of Cee-Cee, a UNUM policy holder, who had to fight and fight to get her long term disability benefits is unfortunately typical of long term disability insurance companies who put profits before benefits.

You can read about one woman's struggle to get the disability benefits she paid for over the years of her employment. This story should inspire all long term disability/ERISA policy holders whose long term disability/ERISA benefits are wrongfully denied.

If you have been denied long term disability benefits by UNUM or any other long term disability/ERISA carrier, contact Cavey and Barrett, your long term disability/ERISA lawyers.

The Smart Long Term Disability Consumer Guide For Preparing For Your Statement And Field Visit Published

Florida Long Term disability/ERISA Disability Denial Attorney, Nancy Cavey, has just published "The Smart Long Term Disability Consumer Guide For Preparing For Your Statement and Field Visit." If your short or long term disability benefits have been denied or you would like a free no-obligation copy of "The Smart Long Term Disability Consumer Guide For Preparing For Your Statement and Field Visit" call us at 727-894-3188.

Tampa Bay based long term disability lawyer Nancy Cavey has written this easy to understand consumer guide to help alll short or long term disabilty applicants or receipents avoid makiing mistakes when the Freddy Krueger adjuster calls wanting to take your statement or have "a friendly visit" with you.

Protect your self by reading this book!

Representing Denied Berkshire Disability Insurance Policy Holders | Cavey and Barrett

Nancy Cavey, a Tampa Bay based Berskshire Disability Insurance denial lawyer, recently added pages to our website about Berkshire and their denial of Berkshire short and long term disability claims. At Cavey and Barrett represent short and long term disability Berkshire policy holders who are thinking about applying for short or long term disability benefits or who have had their short or long term disability claim denied by Berkshrie.

Berkshire Disability Denial Attorney, Nancy Cavey, has just published "The Smart Long Term Disability Consumer Guide For Preparing For Your Statement and Field Visit." If your Berkshire disability benefits have been denied or you would like a free no-obligation copy of "The Smart Long Term Disability Consumer Guide For Preparing For Your Statement and Field Visit"
call us at 727-894-3188.

We have seen many Berkshire disability claims denied based on surveillance. If Berkshire wants to send a claims adjuster or field adjuster to your house, you are being set up for a claims denial. Call Nancy Cavey, immediately.

Floirda Hartford Disability Claim Denial Lawyer

Nancy Cavey, a Tampa Bay based Hartford Disability Insurance denial lawyer, recently added pages to our website about Hartford and their denial of Hartford short and long term disability claims. At Cavey and Barrett represent short and long term disability Hartford policy holders who are thinking about applying for short or long term disability benefits or who have had their short or long term disability claim denied by Hartford.

Hartford Disability Denial Attorney, Nancy Cavey, has just published "The Smart Long Term Disability Consumer Guide For Preparing For Your Statement and Field Visit." If your Hartfords disability benefits have been denied or you would like a free no-obligation copy of "The Smart Long Term Disability Consumer Guide For Preparing For Your Statement and Field Visit"
call us at 727-894-3188.

We have seen many Hartford disability claims denied based on surveillance. If Hartford wants to send a claims adjuster or field adjuster to your house, you are being set up for a claims denial. Call Nancy Cavey, immediately.

New Study Links Firefighter Job Duties and Risk Factors to Cardiac Disease

Florida's First Responder presumption under the Heart and Lung Act can be overcome by clear and convincing evidence of other "causes". Many Florida muncipalities defend First Responder workers' compensation claims by arguing that personal risk factors, such as a family history of cardiac problems or hihg cholestral, are the cause of the carcdiac condition and not the employment.

A new study, reported in Fire Rescue 1, found that job duties and environment are a leading factor in early firefighter deaths.

This study will help provide the necessary medical evidence to support Florida firerighter first responder claims.

If you have any questions about your rights to Florida workers' compensation benefits under the Heart and Lung Act, call Nancy Cavey at 727-894-3188.

1,424 Family Dollar Store Mangers Are Non-Exempt and Entitled to Overtime

Many times store managers are worked and worked and worked more than 40 hours per week and then told they are not entitled to overtime because they are exempt "executives."

In Morgan, Richardson V. Family Dollar Stores, 21 Fla. L. Weekly Fed.C1305 ( December 16, 2008), the 11th Circuit Court of Appeals determined that Family Dollar store managers were not exempt and were entitled to overtime.

The evidence showed that the "store managers exercised little discretion and spent 80 to 90% of their time performing manual labor tasks, such as stocking shelves, running the cash registers, unloading trucks, and cleaning the parking lots, floors and bathrooms". Store managers "routinely perform janitorial duties and lacked discretion over merchandise selection, prices, sales promotion and layouts."

Family Dollar argued that its managers were exempt from overtime under the FLSA executive exemption which excludes over time for" any employee employee and a bona fide executive... capacity." 29 USC Section 213 (a) (1).

To "establish that an employee is a bona fide executive, an employer must show:

(1) the employee is compensated on a salary basis at a rate of no less than $450 per week;

(2) the employee's primary duty is management of the enterprise in which the employee is employed or other customarily recognized department or subdivision thereof;

(3) the employee customarily and regular directs the work of two or more other employees; and

(4) employee has the authority to hire or fire other employees were whose suggestions and recommendations as to the hiring, firing, advancement, promotion radiator changes status of other employment are given particular weight." 29 CFR section 541.100 (a) (2006).

As you can imagine, each case turns on its own unique factual situation. However, if you are a store manager who is working overtime and is not being paid, you may be entitled to overtime compensation.

If you have a question or need information on Florida overtime wage claims, contact Florida over time attorney Nancy L. Cavey at 727-894-3183. If you believe you are entitled to overtime compensation, order your free copy of Cavey and Barrett's book on your rights to overtime.

Plantation Florida First Responder Improperly Fired

Congratulations to First Responder, Jude Diaz! PERC, the Publice Employee RelationsCommision ruled that Diaz, who had a knee injury, was wrongfully fired for an attempt to unionize the Plantation Fire Department. The Commission ordered that Diaz be re-instated to a position that was equivalent to the one he held when fired and awarded attorney fees and cost.

If you are a First responder and yourr employer attempts to deny you workers' compensation benefits under the Florida Heart and Lung Act, contact Florida First Responder attorney Nancy Cavey at 727-894-3188

Wage ad Hour Law Firm Sanctioned for Soliciting Lost Wage Claims

Do you know the Florida Bar has strict rules that prevent Florida wage and hour law firms from soliciting clients who might have a wage and hour claim. The Shavitz Law group was sanctioned by a Federal Judge for solicitation and noted that many FLSA cases in the Southern District of Florida were "attorney driven" and not necesarily the result of employer violations of the FLSA.

At Cavey and Barrett, we only represent indivduals who have valid wage and hours claims against employers who are not paying their employees for overtime.

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.

Judge Jenkins Rejects Hernanado Cournty Sheriff's Argument That Risk Factors Are The Same as Causation

Deputy Gore woke up in the middle of the night with chest pain and went to emergency room He was hospitalized and underwent cardiac stenting. Deputy Gore was out of work for 6 weeks and collected sick pay.

Hernando County Sheriff's Office denied Deputy Gore workers' compensation benefits under the Heart and Lung Act and he retained first responder worker's compensation lawyer, Nancy Cavey. A Petition for Benefits was filed and Hernando County conitinued to deny Deputy Gore Florida worker's compensation benefits arguing that Deputy Gore had personal risk factors, like smoking and a family history of cardiac problems.

Dr. Mathias, who examined Mr.Gore, and Dr. Nicero, Hernando County's expert, both agreed that risk factors are not the same as causation. Judge Jenkins found that Deputy Gore had a medical condition that was covered under the Heart and Lung Act and that Hernando County did not rebut the presumption.

Judge Jenkins agreed with the doctors and applied the First District Court of Appeals ruling in Punsky in Deputy Gore's case.

Judge Jenkins awarded Deputy Gore Floirda workers's compensation medical and money 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.

Florida Miinimum Wage and Reporting Tips for Overtime Purposes

Here is a great article by Martin Segal of the Miami Herals on Florida's minimum wage and FLSA requirements for reporting of tips for overtime purposes.

If you have questions about your rights to overtime pay, please contact Cavey and Barrett. Wage and hour issues confuse both employer and employees.

"Employer needs wage law help"

By MARTIN E. SEGAL

askdoctorlaw@MiamiHerald.com

Q: We are starting a new restaurant business. Some employees will only receive hourly wages, others will also receive tips. There are so many start-up details to cover. Of special concern are the laws governing wages and tips. A brief summary will be helpful.

-- ``Temporarily Overwhelmed in South Florida'

A: Starting a business of any kind is difficult. Restaurants are especially challenging. We wish you, and all our readers, the best in business success in the New Year. Though not a complete listing, here's a short legal summary of the wage laws you requested. The Fair Labor Standards Act (FLSA) is the main federal law, and Florida Statute 448.110 is our main state law.

I. Minimum wages: Florida voters approved a constitutional amendment on Nov. 2, 2004, creating a state minimum hourly wage. It was originally set at $6.15, with annual increases tied to the rate of inflation. State employers are required to pay it to their employees for all hours worked. The minimum hourly wage for 2008 was $6.79 and increased to $7.21 on Jan. 1, 2009.

The definitions of employer and employee for state purposes are the same as those established under the FLSA. Employers have to pay the higher of the federal or state minimum wages. They have been paying a higher Florida rate since 2007. This will continue into 2009 with the federal hourly rate set at $6.55. But they will switch over to the federal hourly rate when it rises to $7.25 on July 24, 2009.

Florida employers are required to prominently display a bilingual 'Notice to Employees' minimum wage poster in the work establishment. The 2009 poster can be downloaded from the Agency for Workforce Innovation website. This state poster is in addition to the federal notice requirement for its minimum wage.

II. Tip credits: Tipped employees are those who regularly receive over $30 a month in tips. Employers may count tips received as a part of the employee's minimum wages, but must still pay tipped employees a specified direct hourly wage. Effective Jan. 1, 2009, Florida tipped employees must be paid a direct hourly wage of $4.19. This is based on the new state minimum hourly wage of $7.21 less the $3.02 maximum tip credit. (FLSA direct hourly wage is $2.13 per hour.) If the employee's tips combined with direct wages don't equal required minimum hourly wages, employers must pay the difference.

An employer deducting tip credits must inform each tipped employee about the allowance before using the credit. Also, the law forbids any arrangement between an employer and tipped employees for any portion of the tips to be received by the employer. Tips are the sole property of the tipped employee.

If an employer violates tip credit rules, the tipped employee keeps the tips and the employer must pay the full minimum wage. There is also a fixed service charge loophole that protects employees. A compulsory percentage add-on to customer checks, even if called a tip or gratuity, is treated as part of the employer's gross receipts and the employee must receive the full minimum wage. This extends to illegal tip credits for walk-outs, breakages and cash register shortages.

III. Tip pooling: The requirement that tipped employees retain their own tips doesn't prevent valid tip sharing arrangements among regularly tipped employees like servers, bartenders and counter personnel. These tipped employees are not required to share them with other employees like kitchen personnel who aren't customarily tipped."

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.

South Florida Stores Put Profits Before the Safety of Minors In Violation of the Fair Labor Standards Act

Do you knw that the Fari Labor Standard Act covers minors?

Apparently stores in south Floridaa learned the hard way! In a hard hitting news piece on January 22, 2009, WPTV, wrote

"– As a result of a child labor mall initiative undertaken in south Florida by the U.S. Department of Labor’s Wage and Hour Division, seven employers are being fined a total of $53,271 for violations of the youth employment provisions of the Fair Labor Standards Act (FLSA)

Investigators visited 19 stores, restaurants, and movie theaters located at three malls – Dolphin Mall in Miami, Sawgrass Mills Mall in Fort Lauderdale, and The Gardens Mall in West Palm Beach, Fla. When Wage and Hour staff conducted random inspections, they found 50 minors being allowed by management at establishments in these malls to operate hazardous equipment, such as trash compactors and paper balers.

“While we recognize the benefits of teenage employment, the Labor Department is dedicated to protecting our youth from occupations deemed hazardous by the Secretary of Labor,” said Will Garnitz, the Wage and Hour Division’s district director in Miami.

The FLSA prohibits the employment of people under the age of 18 years in any non-agricultural occupations that the Labor Department has declared hazardous. These dangerous tasks are identified by 17 hazardous occupation orders, one of which requires that employees be at least 18 years old to operate or assist in operating power-driven paper products machines.

Minors may not work more than three hours on school days, eight hours on nonschool days, 18 hours in school weeks or 40 hours during nonschool weeks. The regulations detail that 14- and 15-year-olds may work during non-school hours, but no later than 7:00 p.m. (9:00 p.m. from June 1 until Labor Day). "

If you are aware of child labor violations of the FLSA, we at Cavey and Barrett, your Florida wage and hour law firm, suggest you immediately call your local wage and hour office and report any violations.

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's Minimum Wage Increased to $7.21

The federal minimum wage in Florida increased to $7.21 effective January 1, 2009 or $288.00 per week for a 40 hour work week. This will be increased in July to $7.25.

If you earn tips, you are to get a direct wage of $4.19 per hour which is the Florida state minimum wage minus $3.02 "tip credit."

If you are not being paid for the hours you worked or are not being paid the correct minimum, you may have a wage and hour case against your employer. To find out if you have a case against your employer, contact Nancy Cavey, of Cavey and Barrett, Tampa St. Petersburg wage and hour lawyers, for a no-obligation 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.

Wal-Mart Pays $54 Million To Settle Wage & Hour Claim for Missed Meal Breaks

You would think Wal-Mart would obey the Fair Labor Standards Act (FLSA) and state wage and hour laws.

But, no! Wal-Mart has been sued OVER 70 times for making workers miss required breaks, such as lunch or bathrrom breaks, and work off the clock.

Wal-Mart's own audits have repeatedly revealed missed breaks but Wal-Mart has allowed this illegal practice to continue. In a California case, Wal-Mart was ordered to pay $172 million dollars for making Wal-Mart employees miss meal breaks. A jury in Pennsylvania awarded $78 million dollars and the judge increased the award to $188 million dollars for wage and hour violations.

Wal-Mart announced a $54.25 million dollar settlement of a Minnesota lawsuit accusing Wal-Mart of making its employees miss
meal breaks. One of the employees claimed that Wal-Mart would not let her take bathroom breaks and, as a result, she soiled herself several times. The Minnesota Judge, who ruled that Wal-mart viiolated wage and hour laws, was not impressed with Wal-mart's refusal to allow bathroom breaks.

Wal-Mart has put profits above the wage and hour law.

If your employer has refused to give you meal or bathroom break or make you work off the clock, you might have a valid wage and hour case. Contact Cavey and Barrett for your free wage rights audit by calling 727-894-3188.

Should A First Responder Have a CT Angiogram or a Conventional Angiogram?

Many Florida First Responders only find out they have heart blockage when they are taken on an emergency basis to the hospital with chest symptoms. What kind of testing will you have? A 64 sliced or CT angiography that produces Buzz Lightyear quality 3-D images of the heart and blood vessels or the gold standard invasive angiogram?

In a fascinating article in the New York Times on December 2, 2008 by Roni Caryn Rabin entitled "Cardiologists Debate Expensive Heart Scans" you can learn about the differences in these tests and the "rancorous debate" by cardiologists about these tests.

It has been suggested that the CT angiography "could be a good screening test for patients not known to have heart disease who devlop sudden chest pain."

It also pointed out that the real question is whether CT scans "improve patient outcomes." If you are suspected of having heart disease it was suggested that the angiography is more appropriate.

Nancy Cavey, a Pinellas County based Florida First Responder attorney suggests you look at this article and consult with your doctor about which test is appropriate for 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.

Starwatch consumer: Burger King pressures suppliers

Burger King is telling suppliers it may stop buying tomatoes from southwestern Florida, where farm-workers have fought to get the hamburger chain to pay more for its produce, according to a letter obtained by The Associated Press.

The Coalition of Immokalee Workers has tried for more than a year to get Burger King Corp. to join deals signed by rivals McDonald’s Corp. and Taco Bell owner Yum Brands Inc.

For more information, follow the link below.

Six Florida Contractors Cited In Surprise Sweep

TALLAHASSEE, FL (CompNewsNetwork) - —Investigators from the Department of Financial Services, Bureau of Workers’ Compensation Compliance, issued six Stop Work Orders (SWOs) during a surprise enforcement sweep last week of 39 contractor sites throughout Collier County. The SWOs were issued to contractors determined not to have workers’ compensation coverage for their employees. Dubbed Operation Check Point, the sweep also involved inspectors and investigators from Collier County Licensing, who issued 11 citations, and the Department of Business and Professional Regulation, who issued three citations and two Cease and Desist Orders, all for unlicensed activity.

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 Celebrates Disability Mentoring Day

Two high-school students with disabilities were creating a short digital film on Wednesday with help from Challenger Learning Center program director Harry Hawbecker. Their faces serious and their eyes focused on the computer screen in front of them, they finally cracked smiles when they got to take a look at the short film they had created on planets and stars in outer space. Jason Allen, 17, and Josh Baldwin, 14, were among more than 70 young people and job seekers with disabilities shadowing professionals as part of Florida Disability Mentoring Day. The young people were matched with business leaders, city officials and professors from places such as Volunteer Florida, the city of Tallahassee, the Florida A&M University School of Architecture and the Florida State University French Department. For more information, follow the link below.

Washington Mutual faces class action suit on alleged ERISA violations

LONDON, Dec. 7, 2007 (Thomson Financial delivered by Newstex) -- Washington Mutual (NYSE:WM) Inc employees participating in the company's 401(k) plan filed a class-action lawsuit, claiming the group failed to adequately monitor the plan and advise participants when the company stock investment was no longer prudent. As a result, employee participants suffered total financial losses of more than 150 mln usd. For more information, follow the link below.

Keller Rohrback L.L.P. Announces Ongoing ERISA Investigation of the First American Corp. 401(K) Savings Plan

SEATTLE, Dec. 11 /PRNewswire/ -- Keller Rohrback L.L.P. (http://www.erisafraud.com) today announced its ongoing investigation against First American Corp. ("First American" or the "Company") for potential violations of the Employee Retirement Income Security Act of 1974 ("ERISA"). The investigation focuses on investments in First American stock by the First American Corporation 401(K) Savings Plan (the "Plan"). Keller Rohrback's investigation involves concerns that First American and other administrators of the Plan may have breached their ERISA-mandated fiduciary duties of loyalty and prudence to participants and beneficiaries of the Plan. A breach may have occurred if the fiduciaries failed to manage the assets of the Plan prudently and loyally by investing the assets in Company stock when it was no longer a prudent investment for participants' retirement savings. For more information, follow the link below.

Long Term Disability Insurance Companies And Use of Evidence Based Disability Guidelines

If you are applying for or are getting long term disability benefits, you need to know that disability carriers use companies like the Reed Group to have your medical records reviewed for the purpose of diisputing what your doctor says about your condition and how long that medical condition may diisable you from work.

The Reed Group, Chaired by Presley Reed, M.D., are well know as disability insurance company "players" and they have issues a new 5th Edition of their book "The Medical Disability Advisor: Workplace Guidelines for Disability Duration." The press announcement suggests that" the MDA disability duration guidelines, which will enable you and your company to manage medical absences with accuracy and speed."

Let's be clear! This and other "guidelines" are used to limit disability benefits, question treating physician opinions about treatement and disability in the quise of "evidence based" medicine based on the judgement of physicians who have vested finanical interests in limiting long term disability benefits.

At Cavey and Barrett, your Hillsborough and Pinellas, Florida County insurance disability and ERISA attorneys, we are well aware of the use of "evidence based" guidelines used to limit disability compensation claims and payments. Contact Florida disability lawyer Nancy Cavey for a no obligation review of your long term disability case and learn if your claim has been denied because of "evidence based" medicine.

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 Benefits and College Financial Aid

Is your daughter or sons graduating from high school this year? Among the college application forms have been financial aid forms.

If you are disabled and getting Social Security Disability or long term disability benefits, those benefits can be considered for financial aid. Here is a link to a helpful article on how FAFSA treats your disability income for college financial aid purposes.

If you have any questions about your long term disability benefits, contact Tampa Bay long term disability attorney, 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.

UNUM's Long Term Disability Claims Handling Process Robs Policy Holders of Their Peace of Mind

As I pointed out in a recent blog post, UNUM's 2008 proftis were posted, in part, due to its "delay and denial" tactics in handling UNUM's long term disability claims.

This is confirmed, not only by the experience of our long term disability claimants whose long term disability claims have been wrongully denied, but in a March 15, 2009 article by Jane Mundy, "UNUM Leaves Policy Holders High and Dry" which outlines UNUM's long term disability bad faith claims handling practices.

If your claim for long term disability has been delayed or denied, call Cavey and Barrett, for assistance. You can reach long term disability attorney Nancy Cavey at 727-894-3188.

UNUM Disability Denial Lawyers | Cavey and Barrett | Flordia

Nancy Cavey, a Florida based UNUM Disability Insurance denial lawyer, recently added a Library page to our website on UNUM Disabilty Claims. Cavey and Barrett represent short and long term disability UNUM policy holders who are thinking about applying for short or long term disability benefits or who have had their short or long term disability claim denied by UNUM.

UNUM Disability Denial Attorney, Nancy Cavey, has just published "The Smart Long Term Disability Consumer Guide For Preparing For Your Statement and Field Visit." If your UNUM disability benefits have been denied or you would like a free no-obligation copy of "The Smart Long Term Disability Consumer Guide For Preparing For Your Statement and Field Visit"
call us at 727-894-3188.

Proposed Federal Law Will End Medicare Waiting Period | Tampa Social Security Disability Lawyer

At Cavey and Barrett, your Tampa Bay Social Security Disability law firm, we often have to explain to our clients that there is a 24 month medical care coverage gap from time you get your Social Security Disability benefits until you get your Medicare coverage.

We often ask our clients to sign up on a spouse's group health plan but Cobra health care coverage is limited to 18 months. That leaves a gap of 6 months but more often our clients go without coverage since they don't have group insurance.

There is proposed federal legislation that will phase out that 24 month waiting period. In 2010, the time would be reduced to 18 months and then reduced by 2 months each year. By January 2019, the waiting period should be totally eliminated!

This bill has been introduced by Senator Jeff Bingaman (D-NM) and Representative Gene Green (D-TX). We at Cavey and Barrett applaud both and urge you to call Reprentative Bilirakis's office in support of this legislation.

If you have any questions about your rights to Social Security Disability benefits or Mediicare, call Tampa St. Petersburg Social Security attorneys, Cavey and Barrett at 727-894-3188.

2.6 Million Social Security Disability Claims and SSA Improvements in Claims Handling

Did you know there are over 2.6 million social secuirty disability applications pending and the time for a decision from the intial application level is over 106 days!

The time to wait for a hearing is 514 days. In these difficult economic times. this is an unacceptable delay. The Social Security Administration has announced an improvement in their computer modeling system that would result in a decision in just 10 days for 100,00 to 125,000 Social Security disability applicants. This is called the fast track system and you read about this in an article "Social Security Expands Fast-Track Disability Process."

If you have been denied Social Security Disability, don't delay and file a Request for Reonsideration or a Request for a hearing. If you have questions aboutyour rights to social security disability, contact Cavey and Barrett 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.

Improving Social Security's Collection of Medical Evidence in Social Security Disability Claims

After you complete your application for Social Security disability benefits, the Social Security claims examiner contacts your treating doctors and providers to get a copy of your medical reports. Unfortunately, their attempts to get those records are not always successful and that can result in a denial of your claim.

The General Accounting Office has just issued a new report about ways Social Security can improve the collection of medical reports and evidence in Social Security Disabilty claims.

At Cavey and Barrett, your St. Petersburg and Tampa Social Security Disability lawyers, we contact your doctors and get all of your medical records. We send your records to the Social Security Office on a regular basis so your file is complete so the Social Security office has all the information they need to make a decision on 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.

Ex-Cop Commits Social Security Disability Fraud and Steals $155K in Benefits

At Cavey and Barrett, we don't represent people who steal Social Security Disability benefits while working. In a recent article about an ex-cop who did just that, author Stephen Leiberman of The Journal wrote on January 7, 2009 :

"A retired Ramapo police officer has pleaded guilty to federal charges of stealing $144,002 after admitting he worked as a security guard in Nyack schools while receiving Social Security disability payments.

John Patrick Miller, 62, a Sloatsburg resident and officer from 1969 to 1991, joined retired New York City Police Officer James P. Fox in pleading guilty to Social Security disability fraud. . .

Miller claimed he was disabled to collect federal benefits from January 2001 until April 2008, but worked as a security guard at the same time.

It is illegal to collect Social Security disability payments if you make more than a specified maximum income.

"He was working while claiming he was disabled,"

Miller pleaded guilty to Social Security fraud Dec. 3 before U.S. District Judge Kenneth Karas at the federal courthouse.

As part of his sentence, Miller must make restitution of $144,002 to the federal government and potentially pay a fine of as much as $250,000, Hadad said.

Defense attorney Vincent Briccetti of White Plains said yesterday that his client has accepted responsibility for his actions.

Briccetti said the sentence would be determined by the judge and that Miller hoped for the best possible outcome. He noted Miller's community work, including being a veteran and commander of his veterans organization.

"He's a wonderful guy who has given tremendously to his community," Briccetti said. "Unfortunately, people make mistakes."

Miller could get a sentence similar to that of Fox, 50, who was a New York City cop from 1971 to 1980. Fox pleaded guilty in August to stealing $150,316 in Social Security disability benefits. He also faced 10 years behind bars, but his sentencing judge said the sentencing guidelines ranged from 12 to 18 months.

Judge Stephen Robinson sentenced Fox to probation and ordered him to pay $150,000 in restitution to the federal government. Fox is expected to spend six months confined to his home wearing an electronic monitoring device.

Cheaters are cheates and evey Social Security receipant is hurt by fraud.

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.

U.S. Social Security Commissioner Michael Astrue and Representative Brown Visit Tampa Bay Social Security Offices

According to a Media General article published on February 6, 2009:

"U.S. Social Security Commissioner Michael Astrue is to be in the Tampa Bay area of Florida Friday to tour Social Security offices alongside U.S. Rep Ginny Brown-Waite.

Brown-Waite, of Brooksvill, Fla., is newly appointed to the powerful House Ways & Means Committee, and is a member of its Social Security subcommittee.

According to a schedule sent out by Brown-Waite’s office, she and Astrue will visit the hearing office in Tampa, a district office in Dade City, and speak at a computer training class in The Villages.

“Given my new position on the Ways and Means Social Security Subcommittee, I want to make every effort to see that the workflows and case management at hearing and district offices are being handled in a timely manner and done correctly,” said Brown-Waite in a statement.”

She added: “The staff at these facilities is so overburdened with the enormous caseload that I take it as a personal challenge to bring more money and new offices to Florida to alleviate the burden and speed appeals.”

Astrue and Rep. Brown-Waite will also travel to The Villages to take part in their weekly computer training class, which this week will be focused on learning more about Social Security’s website. "

Cavey and Barrett, Tampa Bay social security lawyers, congratulate U.S. Social Security Commissioner Michael Astrue and U.S. Rep Ginny Brown-Waite, on their work to reduce the backlog of Social Security Disability cases in the Tampa Bay area.

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 Administration Asks That States Not Lay Off State Employees Who Make Disability Determinations

Did you know that the Social Security Administration does not made the initial and reconsideration decisions about entitlement to Social Security Disability benefits. The Social Security Administration contracts with each state to set up a Disability DeterminationServices Unit which is funded by federal dollars.

Several states had laid off or furloughed the state employees in the DDS units and SSA Commissioner Astrue has asked governors not to lay off or furlough those state employees. Laying off or furloughing these DDS employees only adds to the time it takes to get a decision on an application for Social Security disability benefits.

At Cavey and Barrett, your St. Petersburg/Tampa social security disability law firm, we support SSA Commissioner Astrue and urge our nation's governors not to lay off or furlough state DDS employees.

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 Social Security Office Planned for Tampa to Help Reduce Backlog In Social Security Diability Claims

Drew Harwell, Times Staff Writer reported on February 7 about Social Security Commissionerr Astrue's and U.S. Rep. Ginny Brown-Waite's recent visit to Tampa Bay Social Security offices:

"Social Security Commissioner Michael Astrue announced during a stop in Tampa that plans are progressing to build the area's second office, where judges decide benefits for disability applicants. If Congress approves the appropriation in March, Astrue estimated the office could be open by September of next year.

Astrue, accompanied by U.S. Rep. Ginny Brown-Waite, R-Brooksville, said Tampa's average processing time of 590 days was "in the top of the bottom third" of wait times across the country.

Brown-Waite, who last month was appointed to the House Ways and Means Committee, which oversees Social Security and Medicare, has made retirement and disability spending a key component of her time in office.

Her district, which encompasses all or parts of eight counties — including Pasco, Hernando and Citrus — has about 250,000 Social Security beneficiaries, more than any district in the nation, including several states, according to federal statistics from 2007. Residents in her district receive $260 million in monthly benefits." You can read Drew Harwell's article for more information.

We at Cavey and Barrett thank Brown-Waite and Commissioner Astrue for addressing this pressing need in the Tampa Bay Area. If your claim for Social Security Disability benefits has been denied, contact Sharon Barrett, Tampa Bay area Social Security disabiliyt 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.

Couple indicted in disability scam

A Rapid City couple was indicted last week in federal court for allegedly lying to the government to receive disability benefits. Lonnie Holloman has received $123,333 in fraudulent Social Security Disability Income since sustaining a back injury in 1991, according to the indictment. Prosecutors say Holloman worked full-time as a truck driver for Doug Faul Trucking Company between 1998 and 2001, after which he worked for his wife’s Holloman Trucking Company. For more information, follow the link below.

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Here is a great article by Martin Segal of the Miami Herals on Florida's minimum wage and FLSA requirements for reporting of tips for overtime purposes.

If you have questions about your rights to overtime pay, please contact Cavey and Barrett. Wage and hour issues confuse both employer and employees.

"Employer needs wage law help"

By MARTIN E. SEGAL