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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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    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: Cavey and Barrett

How Easily You Can Pay For a Social Security Disability Attorney

Social Security Disability attorney’s are paid 25% of the retroactive dollar amount of your Social Security Disability benefits, up to $6,000.

The retroactive dollar amount it a one time, lump sum payment that Social Security will pay you for the number of months you are entitled to benefits, after a mandatory five, four month waiting period.

If, for example, your monthly cash award is $2,000, in the time of the approval process, from the time you were to have the benefits it 12 months, the total retroactive lump sum payment would be $24,000. 25% of $24,000 is $6,000.

Your attorney will be paid 25% and you will get the remaining retroactive lump sum payment.

Every month thereafter you will get your monthly payments.

It is easy to afford the services of a Social Security Disability attorney.

If your claim for Social Security Disability benefits has been denied, we, at Cavey and Barrett, suggest that you retain the services of an experienced, Social Security Disability attorney to represent you in appealing the Social Security decision and getting the Social Security Disability benefits you are entitled to.

Fatigue and Your Disability Claim

One of the many symptoms of MS is a generalized feeling of fatigue. It’s one of the most frequently cited MS symptoms. If you Google “fatigue” and “MS” you will get over 1.5 million hits and there are over 1,200 scientific papers on this topic alone.

When we represent an MS disability applicant, we make sure that all the symptoms of MS are fully explained in your medical records and will often video tape or audio tape a statement from our clients explaining the symptoms and how they impact their functionality. If you are fatigued and feel like a wet dishrag, you aren’t going to be able to work. We think it’s important that you fully explain all of your symptoms and how the fatigue impacts your functionality if you are going to be successful in your long term disability claim.

Fibromyalgia and Your Long Term Disability Claim

Over 6 million Americans suffer from Fibromyalgia in the United States. Unfortunately, Long Term Disability carriers treat Fibromyalgia as a made up condition and routinely deny claims for Long Term Disability benefits for Fibromyalgia.

Nancy Cavey, Florida Fibromyalgia Long Term Disability claims denied attorney, suggests that it is important that you keep a Fibromyalgia diary. It should have three parts:
1. Symptoms
2. Impact on your life
3. Typical daily activities

People who have Fibromyalgia have tenderness throughout their body, a flu like aching, fatigue, sleep issues, and have side effects from the medication.

Nancy Cavey, Fibromyalgia Long Term Disability claims denied attorney suggests that you address the following:

1. Symptoms: Describe the symptoms of your Fibromyalgia and where you have the symptoms. These should include pain, tenderness, stiffness, deep pain, aching pain, flu like symptoms.

2. Impact on your life: The symptoms of Fibromyalgia can limit you from doing your activities of daily living. You may have to even pace yourself so that you spread your activities of daily living or chores over the course of several days.

3. Typical Daily Activities: In keeping your daily log, you will also get a sense of how your activity is limited but perhaps help identify pain triggers. Focus on the following:
a. What is your daily routine?
b. How you have had to modify your daily routine?
c. Are there any triggers that you can identify that cause your pain to increase?
d. When you woke up did you feel fatigue and did your fatigue progress?
e. Did you have any other physical symptoms such as tenderness, stiffness or pain when you woke up and how did those progress?
f. How did you handle those symptoms?

The Long Term Disability carrier is going to be asking you to fill out activities of daily living forms. Nancy Cavey, Florida Long Term Disability attorney who specializes in Fibromyalgia cases, has written the book Robbed of Your Peace of Mind: Important Information on Long Term Disability Insurance Policies, the Claims Process and How to Win Your Long Term Disability Benefits. This book will be a guide to you during this part of your diary and assist you in filling out the activity of daily living forms.

I also like an ECAG function scale that is found in the American Pain Foundations Spotlight on Fibromyalgia Tip Sheet. This function scale grades your activities on a scale of 0 to 4. However, I also think that it is important in using this scale, that you use this scale over the course of a week. What do I mean? You may have a good day where you are able to do more than others and yet suffer the next day.

You also need to be careful of the definition of “light work” as this case killer. Long Term Disability carriers use the Dictionary of Occupational Titles definition of light duty.

If your activity of daily living form shows that you can engage in at least light duty work, you are not be awarded Long Term Disability benefits. You must show that your functional level is less than sedentary, which is defined by the Dictionary of Occupational Titles.

Please keep these two very important definitions in mind when you are filling out your Fibromyalgia diary.

If you are a Fibromyalgia sufferer who is thinking about filing a claim for Long Term Disability benefits or your claim for Long Term Disability benefits has been denied, contact Long Term Disability attorney Nancy Cavey, who can assist you with your Fibromyalgia Long Term Disability claim. She can be reached at 727-894-3188.

If the operators at Cavey and Barrett are busy, please call again.

Long Term Disability Benefits and Lyme Disease

Did you know that Lyme Disease is one of the fastest growing infectious diseases in the United States? Lyme Disease results when an infected tick bites you and the borrelia burgdorferi bacteria are transmitted into your blood stream. This bacteria finds its way through the joints and the connective tissue to the heart, spine, brain and other areas.

This bacteria can trigger a strong, inflammatory immune response that leads to swelling and pain in the joints, irregular heart beat or an irritation of the membranes that surround the central nervous system leading to stiff neck, headache, paralysis of the face, muscles, nausea and pain/weakness of the limbs.

If the bacteria spreads to your central nervous symptoms, you can also experience confusion, memory lapse, pain in coordination, mood swings and other cognitive issues.

There are an estimated 225,000 new cases of lime disease every year and less than 60% of those infected have the “bulls eye rashes” that has been sometimes seen in lyme disease cases.

Your immune system response to this bacteria can cause painful debilitating symptoms that can cause you to be unable to work.

If you’ve been diagnosed with lyme disease and your claim for Long Term Disability benefits has been denied, contact lyme disease Long Term Disability attorney Nancy Cavey, for a free, no obligation consultation, at a $450 value. She can be reached at 727-894-3188. If the lyme disease Long Term Disabiltiy operators at Cavey and Barrett are busy, please be sure to call back.

UNUM and Paul Revere Use Targets and Goals For Claim’s Denial/ UNUM Provident Paul Revere Long Term Disability Denied Attorney

UNUM Provident and Paul Revere have been found guilty of setting targets and goals for claim’s terminations to include the profitability of UNUM and Paul Revere without respect to whether or not that Long Term Disability policy holder is rightfully due their benefits.

In the case of Hangarter v. Provident Life An Accident Insurance Company, 373f.3d998, 1014 (9th Circuit 2004) and more recently in the case Merick v. Paul Revere Life and UNUM Provident, 2008 US District Lexis 106976 (November 17, 2008), both companies have been found guilty of:

1. Establishing targets and goals to terminate Long Term Disability claims.

2. Have net termination ratio targets on a corporate wide basis.

3. Have financial targets for closing claims on a corporate basis.

4. Creating claim’s handling units for purposes for obtaining certain amounts in claims closures or recoveries from claimants who are receiving Social Security Disability benefits.

5. Requiring every unit who did not make their weekly goals to develop a written action plan to make sure that they met the closure goals.

6. Regularly communicating these targeting goals to claims handling employees by e-mails and weekly meetings.

7. Giving incentives to claims personnel to find reasons to terminate

claims.

8. Kept charts in each claims unit which were updated throughout that the day so the claims personnel could see how their termination activity contributed to UNUM Provident’s bottom line.

Isn’t that disgusting!

Unfortunately, UNUM Provident Paul Revere Long Term Disability denied attorney Nancy Cavey sees this behavior continue despite punitive damage awards in excess of $10 million against UNUM Provident and Paul Revere for this behavior.

UNUM Provident and Paul Revere put their financial well being first. If you are a UNUM or Paul Revere disability policy holder whose Long Term Disability claim has been denied or suspended for any reason contact Long Term Disability denied attorney Nancy Cavey who represents UNUM and Paul Revere policy holders whose claims have been wrongfully denied throughout the United States.

Tax Lawyer Denied Long Term Disability Benefits by Provident Life: An Accident Insurance Company, Provident Life Long Term Disability Benefits Denied Attorney Nancy Cavey

Patricia Galvan, who was a 54 year old tax attorney, was involved in two automobile accidents in 2000 and 2001 and was treated extensively for neck pain, thoracic outlet syndrome, herniated discs, radiculopathy and shoulder impingement syndrome. Ms. Galvan attempted to battle through her pain but by mid-January 2004 she could not work any further.

She was examined and treated by numerous physicians who never questioned her disability. UNUM, unfortunately, consistently rejected her claim as unsubstantiated based on “objective medical data,” in fact, UNUM claim’s administrators decided that her inability to work was caused by depression and a hostile work environment at her law firm.

Despite being severely criticized and $10 million judgment entered against them in the Hangarter case, UNUM has learned nothing. They continue to use the practice of using in house doctors who cherry pick records to find grounds for denying claims regardless of actual merit and even speculate as to reasons for disability.

The physicians that UNUM used included Dr. Steven Jacobson and Dr. Thomas Davis who felt that Ms. Galvan was capable of working. Interestingly, UNUM even argued that Ms. Galvan was capable of work because she actively sought employment during her disability leave. There was no way Ms. Galvan was going to win as UNUM was determined to deny her benefits in any way that they could.

Ms. Galvan was eventually awarded her disability benefits by the United States District Court in the case of Galvan v Provident Life: An Accident Insurance Company, 209 wl. 2169880 (n.d. California.).

The court found that she was entitled to disability benefits and criticized UNUM for their claim’s handling.

If you are an attorney who has Provident Life disability policy and is thinking about applying for disability benefits, there are many issues that you should consider before doing so.

Nancy Cavey, and experienced Provident Life disability denied attorney, helps you understand the Long Term Disability claims process, reviews your medical records and helps you pick the correct date of onset of disability.

She will also assist in you in developing the medical and vocational evidence that will meet the necessary policy terms so that you are provided the Long Term Disability benefits you pay for and deserve.

For a free no obligation consultation regarding your Provident Life Accident disability claim, contact Florida based Long Term Disability attorney.

Long Term Disability Carrier’s Letters to Your Treating Physicians

Despite the fact that that your doctor has written a brilliant letter supporting your claim for disability, the carriers just can’t leave well enough alone, they want to change your doctor’s opinion by having a conversation with the doctor or having them write supplementary reports.

Unfortunately, it is not uncommon for Long Term Disability carriers to hire a peer review doctor to have a conversation with your doctor ostensibly to “clarify” as a peer. More often then not their peer review doctor will miss-state what your treating physician had to say and then a letter will be sent to your doctor summarizing the conversation, asking them to sign off on it.

Warn your doctor that the Long Term Disability carrier will continue to try to contact them for additional information and tell them to notify you if that occurs. At Cavey and Barrett we revoke the release that you signed which would allow the Long Term Disability carrier and their representatives to speak with your physician, without us being present or participating in that conversation. Protect yourself from Long Term Disability carrier fraud.

Long Term Disability and the Receipt of Social Security Benefits

If you’ve purchased your Long Term Disability policy through your employer you will most likely find:

1. Any Social Security Disability benefits received will be subtracted from your Long Term Disability benefits and,

2. You have you “repay” the Long Term Disability carrier any lump sum that you’ve received for past-due Social Security Disability benefits.

How does this work? Let’s say that you have applied for and received Long Term Disability benefits in the amount of $2500 per month. The Long Term Disability policy that you purchased through your employer requires you to apply for Social Security Disability benefits. If you are approved to receive Social Security Disability benefits you will get $1500 per month. Under the terms of the ERISA policy, the Long Term Disability carrier will subtract the $1500 per month from your Long Term Disability benefits instead of paying you $2500 per month they will only pay you $1000 per month.

In addition, the Long Term Disability carrier will demand that you sign over a portion of the past due benefits that you received from Social Security Disability benefits to repay the overpayment for the those months that the Long Term Disability carrier paid you your full benefits.

I’m sure that your employer never explained to you the offset provisions in the Long Term Disability policy. Long Term Disability policies are offered to employers with the expectation that a certain percentage of the employers policy holders will become disabled and often will qualify for Social Security Disability benefits, this reduces the Long Term Disability carriers exposure and allows them to offer Long Term Disability policies to employers at “cheaper” rates.

Many private Long Term Disability benefits which, admittedly, are more expensive, don’t include this offset for the Social Security Disability repayment obligation. If you’re thinking about purchasing a Long Term Disability policy, you might want to ask your employer about the offset and Social Security Disability repayment language.

Long Term Disability lawyer, Nancy Cavey, who practices in the Tampa Bay area, can assist you in analyzing the Long Term Disability policy that you have purchased and assist you in making decisions as to whether or not you should purchase additional or alternative coverage.

Common Myths: What the long term disability companies don’t want you to know about your disability claim.

Long term disability carriers spend a lot of money advertising on the TV. I am sure you have seen advertisements for Liberty Mutual, The Hartford, CIGNA and other carriers claiming how they will be there for you in your time of need when you are unable to work. These insurance companies have used the media to spread a number of myths about disability insurance coverage. Why? To collect your premium! Long Term Disability carriers are in the business of collecting premiums not paying benefits.

Then, in your time of need they betray your trust, they send you correspondence asking you to have doctors complete forms and you fill out activities of daily living forms. When they don’t like the way they are filled out, they will harass your doctor to fill them out differently so that your doctor will finally give up and say you can work. OR better yet, they will send an investigator to your house to take a statement from you and put surveillance on you for the purposes of labeling you a liar.

Call Barb, at Cavey and Barrett, to set your pre-appointment consultation to learn the truth about disability law, call 727-894-3188.

Newsletter: Ending Carrier Harassment

Are you tired of getting calls from the long term disability carrier asking you all sorts of questions about your medical care, what you do around the house, when you think you’ll be able to work? Have the neighbors told you that an investigator has come around asking questions or have you seen strange vehicle in the neighborhood following you?

It’s time that you understand your rights! With one call to Cavey and Barrett you can schedule an appointment and set you self free of threatening letters to you, free of threatening, harassing letters to your doctors, free of fear of not getting the long term disability benefits you deserve.

At Cavey and Barrett we can end the calls and letters immediately, we will work with you, your doctor and your long term disability carrier so that you can be assured the your long term disability carrier gets the right medical and vocational evidence so that they may pay you the long term disability benefits that you are due.

Long term disability carriers play on your nerves to keep you from looking for help.

Cavey and Barrett will fight for your rights, just call us at 727-894-3188 to set up a free appointment. We have convenient hours, parking and the appointment are free.