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  • Long Term Disability Guide

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

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  • Hiring a Great Long Term Disability Attorney

    The Key To Hiring The Right Long Term Disability Attorney

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

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  • Social Security Disability Guide

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

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Tag Archives: benefits

Repayment of Your Long Term Disability Overpayment

When you applied for long-term disability benefits, your carrier may have referred you to a company like ALLSUP to help you get your Social Security disability benefits.  They also will ask you to do a direct deposit of any Social Security disability benefits to your bank account.  But, guess what?  The authorized  agreement that you sign will allow for a one-time electronic withdrawal from your account.  The money is then forwarded to the disability carrier.  But, of course, that assumes that the calculation of any overpayment is correct.

While many long-term disability policies do require repayment of long-term disability benefits as a result of the receipt of Social Security benefits, mistakes can be made in the calculation of those benefits.

Nancy Cavey, long-term disability overpayment attorney, suggests that you don’t use a company like ALLSUP to help you with your Social Security disability claim because it is not uncommon for conditions to be developed, such as mental conditions that will allow the carrier to suspend your benefits after two years, despite the fact that you might have other medical conditions.  And, worse yet, you are giving them the power to withdraw from your bank account the receipt of any Social Security disability benefits.

You owe it to yourself to make sure that any alleged overpayment that is calculated is in fact correct.  The carrier will suggest to you that they will reduce your benefits by the receipt of any overpayment until it is recouped.  While they certainly have the right to do so, you want to make sure that you only pay what is actually due and owing.

Long-term disability carriers don’t make it easy to get your long-term disability benefits, and if your long-term disability claim has been denied, contact Nancy Cavey today. She can help you get the benefits you deserve no matter where you live in the United States.

Cholesterol Management and Your Cardiovascular Health

When a severe medical condition such as cardiovascular disease results in disability, you may qualify for Social Security Disability benefits if you are unable to work.

A report from a nutritional outlook reveals that over half of the adults in the United States have high or elevated cholesterol which can lead to cardiovascular disease. The trends found by Innova Market Insights show that Americans have spent $11 billion on food with heart health claims like “cholesterol free” and “reduced cholesterol” since 2008. Many of those products are bakery and cereal or dairy products.

Fat enriched foods have become part of the American diet and have resulted in higher incidence of obesity, cholesterol problems and cardiovascular problems. If your doctor has told you that you are unable to work as a result of a cardiovascular condition, you may be entitled to Social Security Disability benefits. Unfortunately, the Social Security Administration doesn’t always make it easy for the disabled to the Social Security Disability benefits that they deserve. If your obesity or cardiovascular problems make it impossible for you to work and you have been denied your Social Security Disability benefits, Sharon Barrett can help you cut through the red tape and fight for your benefits no matter where you live in the Tampa Bay area.

Gene Therapies Trained to Kill Cancer

In a bold new experiment at the University of Pennsylvania, doctors removed a billion of William Ludwig’s T-Cells. T-Cells are white blood cells that fight viruses and tumors. The T-Cells were given new genes that were programmed to attack his cancer. The altered cells were then dripped back into Mr. Ludwig’s veins and, after a few weeks, his leukemia was gone.

According to an article in the New York Times: Science Times there was “no trace of it anywhere, no leukemic cells in his blood or bone marrow, no more bulging lymph nodes on his CT scans.” This treatment was described recently in the New England Journal of Medicine and Science Translational Medicine. It may be a significant turn in a long struggle to develop effective gene therapies against cancers and the HIV-1 virus that causes AIDS.

If your leukemia has prevented you from working for a long period of time or you are in treatment, you may be entitled to receive Social Security Disability benefits if you worked twenty out of the last forty quarters.

Unfortunately, the Social Security Administration doesn’t make it easy for those with leukemia or HIV to get the disability benefits that they deserve. We, at Cavey and Barrett, applaud the bold experiment at the University of Pennsylvania run by Dr. Carl June.

If you are fighting the Social Security Administration while you are fighting your leukemia, Sharon Barrett, can help you cut through the red tape and help you fight for your benefits no matter where you live in the Tampa Bay area.

Call today at 727.894.3188. **Cite: The Science Times: New York Times, Tuesday, September 13, 2011. Article by Denise Grady**

Learn How Easy it is to get Social Security Disability Benefits for Rheumatoid Arthritis

Rheumatoid arthritis is a disease that can affect the entire body and it is caused by an abnormality in your immune system. One of the common characteristics of rheumatoid arthritis is inflammation of the lining ofRheumatoid Arthritis Social Security your joints. That will cause pain, stiffness, redness and even swelling.

The inflamed joint lining which is called a synovium, will release enzymes into the joint space that over time will digest the bone and cartilage. That will cause your joint to lose your shape, alignment and function. It commonly results in joint pain and deformity of the joint.

Rheumatoid arthritis is a disease that can have active flare-ups and remissions.

Rheumatoid arthritis can affect joints in your hands, wrists, feet, knees, ankles, shoulders and even elbows.

The Social Security Administration has, in its blue book, a listing for rheumatoid arthritis, if your medical records establish that your rheumatoid arthritis meets a listing, you may be entitled to Social Security Disability benefits. If, on the other hand, your rheumatoid arthritis condition does not meet “a listing”, don’t give up. That does mean defeat!

At steps four and five of the five step sequential evaluation, the Social Security Administration will determine whether or not you can return to the lightest job that you have held in the last 15 years. And, if not, whether “you can engage in other work.”

Many rheumatoid arthritis cases are based on the medical, vocational allowance at steps four and five by showing that you have significant loss of range of motion, pain and loss of function of the effective joint.

If your doctor has told you that you are unable to work as a result of rheumatoid arthritis, apply for Social Security Disability benefits immediately. If you claim for Social Security Disability benefits based on rheumatoid arthritis has been denied, appeal immediately and contact an experienced rheumatoid arthritis, Social Security Disability attorney such as Cavey and Barrett. Give us a call today to discuss your claim for benefits.

ERISA and the 18 Mistakes That a Workers’ Compensation Claims Lawyer Can Make

In 1974, the United States Congress passed the Employee Retirement Income Security Act (ERISA), which is the statutory basis for welfare benefit plans, including group health and group disability plans.

Many injured employees have ERISA disability policies, which provide either the payment of short term disability or long term disability benefits. ERISA litigation is a mixture of workers compensation, Social Security, contract law, medical and vocational issues. However, every workers’ compensation practitioner should know that ERISA is complicated and not for the faint of heart.

ERISA’s Short Term Disability Claim Process

Many employers will offer a short term disability policy that provides for the payment of short term disability benefits for as long as 26 months. Your client may have also purchased a long term disability claim, and after they have exhausted their entitlement to short term disability, their claim will be converted by a carrier into a long term disability application.

Most long term disability policies have a 24 month own occupation provision, which also may have a limitation on mental illness or self reported conditions like fibromyalgia.

If benefits are denied, the employee has the right to a full fair review of the denial with only 180 days to perfect an appeal.

The long term disability carrier has two 45 day periods under the ERISA regulations to make a decision to pay or deny these benefits.

It is not uncommon for long term disability carriers to use internal and external peer review providers and even vocational evaluators to review the file.

The crucial stage in an ERISA appeal is the 180 day appeal period as if suit is filed, a federal judge will make a decision based on the status of the record as a time of final claims denial.

The ERISA statute and case law provides for limited discovery and there is no right to a jury trial. That is why it is crucial that you avoid making any mistakes in the handling of an ERISA case. Stay tuned for the upcoming 18 Mistakes in the next couple of days.

Do you have a ERISA or a Workers Compenstation claim? Give us a call today to discuss your claim today, with a free no obligation consultation. 727-894-3188.

Why You Should Have an Attorney if the Administrative Law Judge is going to Call a Vocational Expert

Why? The vocational experts testimony about your ability to do the lightest job you’ve held in the fifteen years, your transferable skills, and whether or not a job exists in the mythical national economy that you might be

Administrative Judge

Administrative Judge

capable of performing given your age, education, transferable skills is not for the faint of heart. You need to be able to identify quickly the elements of your illness and symptoms including pain and side effects of medication that might impact on your ability to work. Unfortunately, most Social Security Disability applicants are ill and really can’t focus their time or energy to properly preparing for a Social Security Disability hearing.

Even more complexes involve such things like a version of your occupation base, transferable skills and the residual functional capacity impact on your ability to work. Reddington Beach Social Security Disability attorney Sharon Barrett knows how to interact with the vocational evaluator and the Administrative Law Judge to develop the vocational aspects of your case so you are awarded to the Social Security Disability benefits that you are entitled to as a result of your disability. If you are facing these circumstances, give us a call today to discuss your claim.

What’s a Concurrent Social Security Disability Application?

What’s a Concurrent Social Security Disability Application?

Many times the Social Security Administration will take a Social Security Disability and SSI application. This is known as a “concurrent application”. It happens when a Social Security Disability applicant is covered and insured under Social Security Disability benefits but their projected Social Security Disability benefit amount is less that what you would get for SSI.

A concurrent application is taken to make sure that you receive a certain minimum monthly benefit. If you have any questions about your concurrent Social Security Disability application, give us a call today to discuss your claim.

FAQ: What is the Best Way to Apply for Social Security Disability Benefits?

Without a doubt, the best way to apply for Social Security Disability benefits is going to the website ssa.gov. You can fill out the application and provide the Social Security Administration with medical information such as your diagnosis, medical test results and current medical condition.

You can also apply for Social Security Disability benefits by calling 1-800-772-1213 to schedule an appointment, or fill out an application in person at your local Social Security Disability office.

Regardless of which method you use to apply for Social Security Disability benefits, be prepared to have a list of your employers that you worked for the last fifteen years before you stopped working, the names and addresses of all the medical providers you have seen, and a list of your current medication.

For more information on the Social Security Disability claims process, you can order a complimentary copy of Tampa Social Security Disability attorney Sharon Barrett’s book Your Rights to Social Security Disability Benefits.

You Do Not Have to Have Spinal Surgery to be Entitled to Social Security Disability Benefits

There are many causes of back problems that include spinal stenosis, ankylosis spondylitis and degenerative disc disease, that can be just as painful, if not more than having undergone back surgery for a herniated disc.

Spinal Surgery Social Security Disability

Spinal Injury

Winning a Social Security Disability claim based on spinal stenosis, ankylosis spondylitis and degenerative disc disease can be difficult because the  ocial Security Administration really does a poor job considering how your pain impacts your ability to function.

Sharon Barrett, St. Petersburg Florida Social Security Disability attorney, will help you understand that it is important in any Social Security Disability claim that you document:

  • Your symptoms, including pain.
  • How your symptoms, including your pain, inhibit your ability to stand, stoop, bend and walk.
  • What medication you are taking for these painful conditions, and how they impact your ability to concentrate, drive and other activities just as a result of the side effects of medications.

If you suffer from spinal stenosis, ankylosis spondylitis and degenerative disc disease and have been denied Social Security Disability benefits, you should immediately appeal and contact a Social Security Disability attorney, such as Sharon Barrett, who specializes in helping people who have back problems as a result of spinal stenosis, ankylosis spondylitis and degenerative disc disease get the  Social Security Disability benefits they deserve. Are you in the St. Petersburg Florida area and looking for a attorney? Contact us today. We also serve all over the Tampa Bay area.

When will you be eligible for Medicare?

Question: When will you be eligible for Medicare?

Answer: If you receive Social Security Disability benefits you will get Medicare Part A and B after being on Social Security Disability benefits for 24 months. Social Security will automatically put you on Medicare and you should get a letter about that three months before your Medicare coverage starts.