NO FEE GUARANTEE

Disability Representation For Your Disability Claim

727-894-3188

Call Us For Free Consultation Now

Search
 

Author: Nancy Cavey

CaveyLaw.com > Articles posted by Nancy Cavey (Page 10)

Social Security Disability Applicant With Diabetes: Getting The Cooperation And Assistance From Your Doctor

Assistance From Your Doctor Social Security Disability

It’s crucial that your doctor support your claim for Social Security disability benefits.  You should lay the ground work with your physician as quickly as possible as that is the key to getting the disability benefits that you deserve. You should tell your doctor the symptoms you have as a result of your medical condition.  The more problems that you have functioning as a result of those symptoms the better. You or your attorney should give your doctor a Diabetes Residual Functional Capacity form to complete.  The Residual Functional Capacity form that will address the following: The objective basis of the diabetes diagnosis, The...

Continue reading

How to Make Your Disability Insurance Company Pay Attention To Your Social Security Decision

Disability Insurance Company Long Term Disability Attorney

Many times long term disability policies require that the policyholder applies for Social Security Disability benefits (SSDB).  The policy will also provide that if you don’t apply for the benefits, the carrier has the right to reduce your disability benefits by what you or your dependent relatives would have received in your Social Security benefits. Once you are awarded benefits, the disability carrier will ask to be repaid any disability benefits and will reduce your benefits in the future. What Happens If They Ignore The Social Security Decision And Deny My Benefits? In the recent case of Melech v. Life Insurance Company of...

Continue reading

What Every Disability Policy Holder Needs To Know About ERISA

What is ERISA Disability Attorney

“ERISA” stands for the Employment Retirement Income Security Act that was enacted in 1974 as a result of the Jimmy Hoffa’s pension scandals.   The United States Congress wanted employers to provide to its employees a pension, health insurance, disability insurance and other employee benefits.  To make this insurance affordable, employers asked for legislative protection from being sued. See our practice area page about LTD ERISA Attorney. What Are The Legislative Protections of ERISA? Preemption If you have to file a lawsuit to get your benefits, it must be filed in Federal Court.  The ERISA statute preempts or prevents you from filing virtually all...

Continue reading

Can You No Longer Work With Your Scleroderma

Scleroderma Long Term Disability Claims Attorney

The Scleroderma Foundation has recognized June as Scleroderma Awareness Month with annual awareness and fundraising events. What You Should Do If Your Doctor Has Told You That You Can No Longer Work As A Result of Scleroderma You may have purchased a disability policy on your own through your employer hoping you’d never need to apply for disability insurance benefits if you became disabled. Scleroderma in the United States is estimated to be 20 out of every 100,000 people and occurs in all races, genders and at any age. If your doctor has told you that you can’t work anymore as a result of...

Continue reading

What Every Disability Policy Holder Needs to Know About a Form Selection Clause And Insurance

Form-Selection-Clause-Social-Security-Disability

Many disability insurance companies will write their insurance policies to provide that any claim or action has to be filed in a specific district. For example, it could be a district court that is not particularly favorable to ERISA disability policy holders. The general rule is that a “form selection” clause in the disability plan or policy will govern where a lawsuit should be filed. What If There Isn’t Form Selection Clause In My Disability Policy? Under the Federal Rules of Procedure, the court will look to a number of factors including where the principal place of business the disability insurance company is located...

Continue reading

May 19th Is National Hepatitis Testing Day

As part of Hepatitis Awareness Month campaign, May 19th has been designated as “National Hepatitis Testing Day.”  You can find a testing event in the Tampa Bay Area by clicking the link Hepatitis testing Events Page. What Is Hepatitis? Hepatitis is an inflammation of the liver caused by one of several viruses.  In the United States, the most common type of viral Hepatitis is caused by Hepatitis A, Hepatitis B and Hepatitis C.  The CDC has begun an initiative called “Know More About Hepatitis” that seeks to increase awareness about Hepatitis and encourage people who were born from 1945 to 1965 to...

Continue reading

Disability Insurance Trust Fund Funded Through 2020

Disability-Insurance-Trust-Fund-Social-Security-Disability

Many Social Security Disability applicants are concerned about the solvency of the Disability Insurance Trust Fund. Where Does The Trust Fund Get It’s Money? The Trust Fund in part, gets it’s money from the withholdings held from paychecks.  When you look at a paycheck you’ll see “FICA” withholdings.  Part of that money goes into the Trust Fund. Congress has passed a “Bipartisan Budget Act of 2015" which extends the solvency of the Trust Fund to run through 2020.  That’s great news for those who are on Social Security Disability benefits! What Should I Do If My Social Security Disability Claim Has Been Denied? If your...

Continue reading

The Back Log In Social Security Hearings Gets Worse!

Back Log In Social Security Disability Hearings

Did you know that as of August of 2015, the national average and processing time for a Social Security disability application through the date of hearing was 517 days. Over the last 7 years there has been an attempt to reduce the delay but, unfortunately, things have gotten worse. What Are The Reasons For The Social Security Back Log? The reasons for delay are, in part, because the number of decisions made by Administrative Law Judges has decreased over the last 5 years because of an increase emphasis on “decisional quality”. The Social Security Administration has found “more quality issues” related to favorable decisions...

Continue reading

Blood Pressure Control Can Help Prevent A Heart Attack Or Stroke

Blood Pressure Control Heart Attack Stroke Disability Lawyer

Did you know that uncontrolled high blood pressure is the leading cause of heart disease and stroke according to the Centers for Disease Control and Prevention (CDC).  Statistics show that more than 67 million Americans have high blood pressure.  High blood pressure shows new signs or symptoms which make it difficult for you to take control over your blood pressure. During February Heart Month we urge you to get your blood pressure checked if it’s high, talk to your doctor about treatment.  People with high blood pressure are four times more likely to die from a stroke. They are three times...

Continue reading

What Reliance Standard Should Have Done When A Policyholder Couldn’t Attend An In-Person Medical Examination

Reliance Standard IME Claim Denied

It’s not uncommon for the disability insurance companies like Reliance Standard, to schedule an independent medical evaluation. In the case of Mason v. Reliance Standard Life Insurance Company, 14-CV-01415-MSK-NYW, 2015 WL 5719648 (D. Colo. Sept. 30, 2015), the Colorado court found that Reliance’s denial of benefits was arbitrary and capricious. Reliance had scheduled an independent medical evaluation of Mr. Mason and he was unable to attend as he was in the hospital on the scheduled date. Instead of rescheduling, Reliance Standard hired a peer review doctor to conduct a medical review of Mr. Mason’s medical records. Of course, the peer review physician rendered an...

Continue reading