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.
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.