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    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: Law

My Long Term Disability Claim was denied because I Can Be a Video Surveillance Monitor: What Does That Have to Do With My Claim?

Long Term Disability policies normally say that after the payment of two years of benefits, you must prove that you are unable to do the material and substantial duties of any occupation by which you are experienced as a result of your age, education and transferable skills.

One the most common tricks is for Long Term Disability carriers to pick jobs like video surveillance monitors and justify their denial based on the existence of a job like video surveillance monitors or even day guard monitor.

In Moore v. American United States Life Insurance Company, 150 cal.app 3d 610, 630, the California court that in an individual disability policy that California law “requires that the real world employment marketplace be considering whether an insured is totally disabled.”

They noted that insurance law recognizes that “the actual employment prospects of the insured are to be considered.” Holding that “test is not some fantasy or imaginary occupation in which there is no likelihood of anyone employing the insured.”

If your Long Term Disability claim has been denied on the basis that you are capable of performing some job like video surveillance monitor, gate guard monitor or security guard, you need to immediately contact experience Long Term Disability attorney Nancy Cavey so that you can timely file an appeal within 180 days.

It is important that the vocational evidence be established that addresses if in fact you are capable of doing the job identified by the Long Term Disability carrier and whether or not such a job actually exists in a manner consistent with your restrictions and limitations.

Why Every Medical Professional Should Have a Disability Claims Consultation Before Filing a Claim for Long Term Disability Benefits

There are many stumbling rocks in the disability process. Before a medical professional considers filing a claim for disability benefits, there is help available. You have a difficult decision to make about whether and when to apply for disability benefits and how to maintain your practice as you move through the disability process.

Disability claims advice should include the following:

1. A professional review of your disability policies, including business overhead policies, a written summary of your benefits and a potential problem errors as you move through the disability claims process.

2. An analysis of your pre-disability income so that you have a baseline of determining the amount of your benefits.

3. An understanding of your ability to work while disabled and the potential to collect residual disability benefits while you continue to work.

4. A complete understanding of your monthly benefits and any reduction of those benefits by the receipt of Social Security Disability, 401k benefits or other income that could be used to reduce your benefits.

5. An analysis of your medical condition, likely date of disability and its impact on your practice. You should have a discussion about your individual situation based on your personal and professional needs.

The disability claims process is not trouble free and more often than not, can be a long, difficult and exhausting process. You should find a Long Term Disability attorney who can provide consultation, monitoring and hands on work in every phase of applying for and receiving and continuing to receive your Long Term Disability benefits.

Unfortunately, sometimes professionals wait until they are so incapacitated that their family and friends have to help them through the disability claims process. Don’t put you or your family in that situation.

5. Reflex Sympathetic Dystrophy

Reflex sympathetic dystrophy (RSD) is a painful condition that usually affects the upper or lower extremities. Reflex sympathetic dystrophy pain is severe, burning, sharp and the effected areas are extremely sensitive to touch or even temperature changes with the skin turning blue. This is a progressive disease, which means you must have aggressive and early treatment to stop or slow the progression of the disease process. Pain specialists can provide medication that can even block the nerves that interrupt the pain signals reducing your pain intensity. RSD can be caused by injury to a nerve or can be cause by something like a simple trauma. Sometimes there even isn’t an injury.

The pain is mediated by the sympathetic nervous systems, one of the finest defense mechanisms. But unfortunately, the sympathetic nervous system overreacts causing this puzzling and painful condition.

If you suffer from Reflex Sympathetic Dystrophy you may be eligible for Social Security Disability benefits if you are no longer able to work. Contact RSD Social Security Disability expert Sharon Barrett for more information on your rights to Social Security Disability benefits.

Workers Compensation Benefits and LTD Benefits | What You Need to Know

If you have been involved in a Workers Compensation claim, you may also be entitled to Long Term Disability benefits if you purchased this policy through your employer.

There is an opportunity to apply for additional compensation benefits.

If you have been involved in a work place accident, Nancy Cavey, experienced Long Term Disability attorney, suggests that you get a copy of your Short Term and Long Term Disability policy. It is crucial to integrate the claims for Short Term Disability and your Workers Compensation benefits. More often than not, employers are self insured for Short Term Disability benefits and it is important that you claim those benefits timely and appeal any denial. If you don’t, then you may not be eligible for Long Term Disability benefits. The interaction of short term, long term and Workers Compensation benefits can be confusing, it is important that you protect your benefits by consulting with a experienced Workers Compensation and disability insurance attorney such as Nancy Cavey, who has practiced Workers’ Compensation law and disability law in Tampa for over 25 years.

Social Security Disability and Veterans Disability Claims.

Are you a disabled veteran who has applied for Social Security Disability benefits? You can get both Social Security Disability and Veterans’ benefits. There is nothing that stops you from getting two federal disability checks from two separate federal agencies. Think about it: medical records are the basis of your claim for both Social Security Disability and Veterans’ benefits. Make sure that both the Disability Examiner or your VA and Social Security Disability Claims Examiner are aware of all of your medical treatment, including your military treatment, names of your doctors and addresses of your providers. That will make it easier for your records to be gathered by both the Social Security Administration and the Veterans Administration.

You can speed up the approval of both disability claims by making sure that both the Social Security Administration and the Veterans Administration are aware of all of the medical treatment you’re receiving.

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.

No. 2 – My spouse is working. Will their income affect whether I’m entitled to Social Security Disability benefits?

If you’re applying for SSI disability benefits and your spouse works, this may prevent you from getting SSI. If you get SSI, the amount earned by your spouse can potentially reduce the amount of your check.

However, if you’re applying for Social Security Disability benefits (SSDI), then your spouse’s earnings have no effect on your claim. It won’t impact your eligibility to apply for disability benefits, to get disability benefits or have any impact on the amount of your 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.

No. 7 – Are you eligible for Social Security Disability?

To be eligible to file an application for Social Security Disability benefits you have to be insured. What? Now, I know that you haven’t completed a disability application or paid a premium, so what do I mean by being insured?

The payroll deduction that your employer makes into the Social Security system is how you become insured. You have to be in the workforce for 20 out of 40 quarters to be insured.

If you have a gap in your work history because of illness, you may have lost your insured status for Social Security Disability, or you may simply have never worked.

If that’s the case, the Social Security office will take an SSI disability application. What’s that? SSI covers individuals who aren’t eligible for Social Security Disability and don’t have assets in excess of $2,000.

To be eligible for SSI, you must have a physical or mental impairment (or both) that:

(1) is considered severe;

(2) lasts for at least 12 months, or is anticipated to last that long based on your medical records;

(3) prevents you from working at the lightest job you held in the last 15 years;

(4) prevents you from performing suitable other work based on your age, education, work skills, and physical or mental limitations.

If you are not insured for Social Security Disability purposes, you may still be eligible for SSI.

At Cavey & Barrett we can help you determine whether or not you meet the criteria to be insured for Social Security Disability.

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.

No. 8 – I’ve been denied Social Security Disability benefits. What do I do next?

You have three choices: you can give up, file a brand new Social Security Disability application, or you can file an appeal.

I’m a fan of Winston Churchill, and my motto is “Never give up!”

You have to understand that most initial disability applications are denied and, in fact, are also denied a second time at the “request for reconsideration” stage.

Your chances of winning at the disability hearing stage level rise significantly, particularly if you have attorney representation.

We rarely contemplate having you start over with a new application and only suggest it if there is some technical reason for your denial. At Cavey & Barrett we can analyze the basis for the denial and help you decide whether or not you should appeal or file a new claim for disability application.

Of course, at Cavey & Barrett we find that the best course of action is normally to file a timely appeal. In fact, we suggest that you file it as soon as possible.

At Cavey & Barrett we can help you with the appeal process and, in particular, help you fill out the disability claim forms to make sure that you have properly explained your functional limitations and the difficulties that you have. Never give up on your 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.

No. 9 – Should I file a new disability application with the Social Security Administration?

At Cavey & Barrett we find that most disability claimants who have been denied Social Security Disability should appeal their disability denial instead of filing a new disability application.

As we’ve explained, it’s in a claimant’s best interest to move your case to the disability hearing stage. Unfortunately, there are hoops that you have to jump through before you get to that administrative law judge. You first have to have your disability application denied, file a request for reconsideration, be denied, request a disability hearing, and finally (at long last) get in front of the administrative law judge where your chances of winning are significantly increased.

Every time you file a new disability application you start all over again and stop your progression through the disability appeal process.

This isn’t to say that there aren’t situations where you may want to start with a new application instead of appealing. For example, you may have been denied because you were still working or you’ve earned too much to be considered as being disabled. In that situation, it would make little sense to file a disability appeal but rather file a new application once you’ve stopped working.

At Cavey & Barrett we find that every situation is unique but that generally the best course of action is to file an appeal.

Sharon Barrett can provide you with expert legal advice on your Social Security denial and whether you should file a new application.

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.

No. 10 – I’ve been denied Social Security Disability benefits. Can I appeal?

Absolutely. Your notice of denial will provide you information regarding how you go about filing an appeal.

There are some things that you need to be aware of:

(1) The majority of Social Security Disability claims are denied. Nationally, about seven out of 10 initial claims are denied and eight out of 10 requests for reconsideration are denied. In Florida, the denial rate is approximately 64.9 percent;

(2) A large percentage of Social Security Disability claimants who are denied and who decide to appeal are eventually approved for benefits. Follow Winston Churchill’s famous statement, “Never give up!”

(3) At each step of the disability evaluation process, you have the right to file an appeal if you’ve been denied. At Cavey & Barrett, we can assist you with filing the necessary paperwork and make sure that your appeal is timely filed;

(4) The disability appeal has to be filed within 60 days of the date of the denial. Unfortunately, Social Security Administration is rather strict about holding you to that 60-day timeline;

(5) The first appeal takes about 60 to 90 days, and you should expect to be denied;

(6) The request for reconsideration also takes about 60 to 90 days and you should expect to be denied once again;

(7) At the next stage, you can file a request for a hearing and, unfortunately, it will take 24 to 26 months to get a hearing. There are cases in which Cavey & Barrett may be able to get a request for a hearing put on a quicker basis if you qualify for a compassionate allowance.

Remember to appeal, appeal, appeal. Your best chances of obtaining Social Security Disability benefits are before the administrative law judge.

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.