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Author: Nancy Cavey

CaveyLaw.com > Articles posted by Nancy Cavey

My Long-Term Disability Claim Has Been Denied Do I Have to Exhaust All Levels of Appeal Even If My Appeal Won’t Matter?

Long Term Disability Appeal Court Claims

You paid your premiums, filed your claim when you were no longer able to work, and waited for your check. But instead of a check, you got a letter denying your claim. A long-term disability claim denial can be devastating. Alternatively, your claim might have been accepted, but now you’ve gotten a letter from the disability carrier terminating your benefits. The denial or termination letter should explain the basis of the denial or termination, your rights, and your obligation to file an appeal of the denial or termination.   Do I have to Exhaust All Levels of Appeal before Going to Court?   The short answer...

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Must You File an Appeal of Your Denied Long-Term Disability Claim or Can You Just File a Lawsuit?

File an Appeal of Your Denied Long-Term Disability Claim Lawsuit

The answer is “Yes,” you must file an appeal first before you file a lawsuit. Fighting your long-term disability carrier can be exhausting. Delay, endless requests for more information, not so “independent” a “medical evaluation,” surveillance and denial, are all designed to wear you out. You might be tempted to say “nuts” to that and just file a lawsuit in court. Unfortunately, that can destroy your case.   What Are Your Obligations to File an Appeal of a Denied Long Term Disability Claim?   Every disability policy or plan has a requirement that an appeal of a denied claim be filed before suing to get the...

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Nurse Anesthetist‘s Opioid Addiction and Long-Term Disability Insurance from United Heritage Life

Anesthetists Nurse ERISA Disability Insurance Claims

It is not uncommon for disability policy holders to develop opioid pain medication addiction after undergoing surgery.  Opioid addiction can be even more problematic when the policy holder is a medical professional like a certified registered nurse anesthetist. The American Association of Nurse Anesthetists has a return to work program for recovering nurses to re-enter the work force which provides, in part, that nurses         “may return to work in a ‘supervised setting’ following treatment for addiction” recognizing “more time away from the workplace may be needed to reduce risk of relapse.” The Guidelines recommend that a recovering nurse  may practice under supervision. How Do...

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The 4 Reasons that the Social Security Judge Does Not Want to Listen to Your Relatives or Friends Testify at Your Social Security Disability Hearing and Why You are the Star Witness

SSD Hearing Star

You've waited forever to have a hearing in front of Social Security judge. You want the judge to hear your whole story about why you can't work and all the problems you have every day. It's not uncommon for witnesses to come to testify in other court matters but Social Security hearings are different. What are the 4 Reasons that a Social Security Judge Does Not Want Witnesses? 1. The Proof is Different in a Social Security Hearing To win a Social Security disability case you must establish that you meet the five-step sequential evaluation used in every Social Security disability case. The...

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I Can’t Live On My Social Security Disability Benefits! Can I Get More Money?

More Money Social Security Disability Claims

Unfortunately, the answer is no! The amount of your Social Security Disability benefits is based on your prior earnings record. If you have had a low paying job, your benefits will below. While you can't more than your earnings records allow, you can earn at least $1.100 per month without jeopardizing your benefits. If you do earn more than that, we suggest you enter into an approved SSA work program that will allow you to work and earn more than $1,100. If you are unable to maintain those earnings you won't jeopardize your Social Security Disability benefits. However, if you continue...

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I Have Old Medical Records Aren’t Those Enough To Win My Social Security Disability Claim?

Old Medical Records Social Security Disability

No! Old records may simply establish a diagnosis, but what is material is the medical records for the year prior to you stop working and the time period after you stop working. The Social Security Administration (SSA) will determine your functional capacity and whether you're able to work. In other words, the Social Security Administration will want to know: - how long you can sit, stand and walk, - how much you can lift and carry, - whether you have any non-exertional impairments such as pain, - the need to alternate positions or side effects of medication which impair your employability. While old records are helpful...

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What Documents You Have To Provide The Social Security Administration As Part Of The Application Process

Social Security Administration Application Process Documents Claims

I'll be the first to admit that applying for Social Security Disability benefits is a pain in the rear end. you have to supply documents and answer questions and if you don't cooperate you simply won't get approved for your benefits. What Documents Will I Have To Provide to the Social Security Administration SSA? You'll have to provide the following: - birth certificate or other proof of birth; - proof of United States citizenship or lawful alien status if you were not born in the United States; - U.S. military discharge papers if you had military service before 1968; - W-2 forms and/or self-employment tax returns...

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What You Need To Know About Aetna’s Application Of The “Any Occupation” Definition In Its Disability Policies

Own Occupation Aetna Disability Policy Claims

Many disability carriers, such as Aetna, have a two-tiered definition of disability. For example, Aetna's policy provides that for the first 24 months, you're entitled to your benefits if you can't perform the material duties of your own occupation. However, after 24 months of disability, the monthly benefits are payable if you "are unable to work in any reasonable occupation solely because of an illness, injury or any pregnancy-related condition." The policy also defines "reasonable occupation" as "any gainful activity for which you are or may reasonably become fitted by education, training or experience and which results in or can be...

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