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Tag Archives: functional capacity evaluation

What are the Factors I Should Consider in Choosing a Social Security Disability Attorney?

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Someone who will:

1.      Educate you about the Social Security Disability claims process

2.      Gather written records and documents to support  your claim, including medical and employment records.

3.      Perform the investigation of your claim including interviewing your doctors and employers.

4.      Read and analyze your Social Security Disability claim.

5.      Meeting with your medical doctors and health care providers to fully understand your condition.

6.      Obtain your reports and form experts to support your claim.

7.      Analyze any legal issues that can result in the denial of your claim.

8.      File all the necessary forms for the Social Security Administration.

9.      Contact the Social Security Administration regularly about the status of your claim.

10.  Prepare you for your Social Security examination.

11.  Prepare you for a functional capacity evaluation.

12.  Prepare you for your Social Security hearing.

13.  Create and prepare exhibits and organize documents for hearing.

14.  Write a brief for the hearing outlining the reasons why your case should be won.

15.  Attend the hearing with you.

16.  Explain the results of your hearing.

Sharon Barrett, Pinellas Park and Clearwater Social Security benefits denied lawyer provides this and many services to our Social Security clients. She has also written a free consumer guide, “Your Rights to Social Security Disability Benefits.”

Functional Capacity Evaluation and Chronic Fatigue Syndrome Long Term Disability Recipients

If you are a suffer of Chronic Fatigue Syndrome or Fibromyalgia and have been scheduled for a Functional Capacity Evaluation, beware! You are being set up for a claims termination.

Long Term Disability carriers hate Chronic Fatigue or Fibromyalgia claims because they feel that these are conditions based on “subjective complaints.” It is not uncommon in these cases for the Long Term Disability carrier to routinely have you fill out Activities of Daily Living Forms, look at what your physicians say about your Activities of Daily Living and use extensive surveillance to try and catch you doing something that is inconsistent with what you reported that you are able to do. To “nail now” their claims denial they will also schedule a Functional Capacity Evaluation. If you are a Long Term Disability recipient who suffers from Chronic Fatigue or Fibromyalgia and are scheduled for a Functional Capacity Evaluation you should immediately consult with disability denied attorney Nancy Cavey.

Why? It is not uncommon for Long Term Disability carriers to send instructions to the functional capacity evaluator telling them how to fill out the forms, how to interpret the data and even to misinterpret the data so that it’s reported that you are capable of engaging in at least sedentary work.

Nancy Cavey, Long Term Disability denied attorney will routinely video tape Functional Capacity Evaluations and demand a copy of the instructions and draft reports to make sure that your Functional Capacity Evaluation is in fact a fair and unbiased evaluation.

Nancy Cavey has written the free consumer guide, Mistakes That You Can Make In Giving Your Statement To The Long Term Disability Carrier, which as you know is the first step in your potential claim’s denial. For a free copy click here.

Has Your Long Term Disability Carrier Asked to Undergo a Functional Capacity Evaluation?

If you are a Long Term Disability applicant and your Long Term Disability carrier has asked for you to undergo a functional capacity evaluation you are being set up! It is not uncommon for Long Term Disability carriers to use Functional Capacity Evaluations to challenge your doctor’s opinions or your statements about your ability to function.

While most Long Term Disability carriers have the right to such an evaluation, you should know that Long Term Disability carriers, such as CIGNA will routinely send instructions to the FCE provider about how to fill in the forms, how to interpret the data and even to conclude that if you can sit for 45 minutes, they should mark “continuously,” on their forms.

Why is that important? Most Long Term Disability carriers will only pay benefits if you are unable to do less than a sedentary job. If you can sit for 45 minutes you are able to do a sedentary job.

Long Term Disability carriers, such as CIGNA, are dictating the results of the Functional Capacity Evaluation before you even have that examination so that they can deny your Long Term Disability benefits.

If you are being scheduled for a Functional Capacity Evaluation or your benefits have been terminated based on a Functional Capacity Evaluation contact wrongfully denied Long Term Disability attorney Nancy Cavey who will help get to the bottom of this bogus termination.

Games Played by the Long Term Disability Carriers in Chronic Fatigue and Fibromyalgia Claims

If you have been diagnosed with Chronic Fatigue Fibromyalgia and are receiving Long Term Disability benefits during your own occupation stage, be prepared to have your claim to be challenged and/or denied when the definition of disability changes from “own occupation” to “any occupation.” You will most likely receive a letter from your Long Term Disability carrier indicating that they are going to be reviewing your claim. What that means is that you are being set up for a claim’s denial.

They will be contacting your doctor to determine your restrictions and limitations, they will schedule a functional capacity evaluation, place surveillance film on you and will have your file reviewed by their independent peer reviewed providers. Independent is an oxymoron.

The Long Term Disability carrier may select a physician who has no experience in Chronic Fatigue and Fibromyalgia to render an opinion regarding your restrictions and limitations and/or even consult with your doctor.

If your doctor receives a phone call from your Long Term Disability carrier, ask your doctor not to return the call and you should immediately consult with an experienced Long Term Disability attorney such as Nancy Cavey.

More often than not the Long Term Disability doctor will not be experienced in Chronic Fatigue or Fibromyalgia and will also misquote your doctors opinions. They will try to get your to agree that you can engage in some from of sedentary employment and “voila” use that to justify a claim’s denial.

You must understand that any occupation definition generally means that you are unable to engage in any occupation in the national economy as a result of your condition. That means the Long Term Disability carrier will have to pay you benefits through the life of the policy term. They don’t want to do that!

They also will forward your file to a vocational evaluator to determine that you are capable of working in some capacity despite your diagnosis, disability and functional restrictions and limitations.

If you are receiving Long Term Disability benefits for Chronic Fatigue Syndrome or Fibromyalgia during your own occupation stage and get the “We’re looking at your file,” letter you need to immediately contact a Long Term Disability lawyer, such as Nancy Cavey, specializing in Chronic Fatigue and Fibromyalgia Long Term Disability claims.

Why? It’s better not to wait untill the claim’s denial so that the proper medical evidence can be developed to establish your on going difficulties, prepare you for surveillance, assist you with your Social Security Disability claim and get ready to address all the basis for your claim’s denial. St. Petersburg/ Tampa based Fibromyalgia Chronic Fatigue disability lawyer Nancy Cavey can help you with your Long Term Disability claim.