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 11)

Hartford Loses Long Term Disability Fibromyalgia Claim

fibromyalgia disability claims attorney Tampa

Disability Carriers don’t like fibromyalgia disability claims and often deny a fibromyalgia claim because of a “lack of objective medical evidence.” So What Happened In Teri Haning’s Claim For Disability Benefits Ms. Haning was treated for over twenty years for fibromyalgia and depression. Yet, Hartford rejected the opinions of her treating physicians and denied her claim. She filed a lawsuit. The Court found that Hartford’s exclusive reliance on a series of file reviewers or paid consultants showed that the benefits termination was arbitrary and capricious. The Court commented “Hartford relied on an overly crabbed view of what constitutes “objective medical evidence” and “documented...

Continue reading

Physical Therapy And Your Claim For Short and Long Term Disability Benefits

Physical Therapy Disability Benefits

One of the leading causes of short and long term disability claims in the United States is low back problems. Your disability policy will require that you get ongoing care, including physical therapy, care for your back condition as a condition for getting disability benefits.  However, did you know that physical therapy can provide little long term relief to back pain? What The Medical Literature Is Saying About Physical Therapy and Disability In a study, published in JAMA, it was found that people who had a recent onset of low back pain got no long term relief for their pain.  The study participants...

Continue reading

Meeting A Social Security Disability Listing For An Mental Disorder or Anxiety

Anxiety Disorder Social Security Disability Lawyer

The Social Security Administration (SSA) doesn’t make it easy for those with mental disorders to get the Social Security Disability benefits they deserve. The SSA uses a Five Step sequential evaluation and, at Step 3, SSA will determine whether or not our mental disorder meets a Listing. How Does The Social Security Administration Determine If You Meet A Listing for Anxiety Disorders? The SSA has developed guidelines of which medical conditions qualify a Social Security applicant for Social Security Disability benefits based on their medical records alone.  Section 12 of the Blue Book deals with mental disorders.  It outlines what types of mental...

Continue reading

The Myths About Applying For Social Security Benefits

Applying for Social Security Disability Benefits Myths

The Social Security Administration (SSA) doesn’t make it easy for those who are disabled to get the Social Security Disability benefits they deserve. There are many myths I hear about the Social Security disability application process. Myth Busting: Social Security Disability 1. It’s easy to qualify for Social Security Disability benefits. That is a myth! Fact: The Social Security Administration uses the Five Step Sequential Evaluation in every Social Security Disability case. You must show: (1) You have a medical condition that would cause you to be disabled for at least twelve months, or result in your death; (2) Have a severe impairment; (3) Meet a medical Listing,...

Continue reading

Breakthroughs In The Treatment of Parkinson’s Disease And Your Right To Social Security Disability Benefits.

parkinsons social security disability

The Social Security Administration (SSA) doesn’t always make it easy for those who are disabled to get the Social Security Disability benefits that they deserve.  That includes those with Parkinson’s Disease. What Are The Common Reasons Social Security Will Deny A Parkinson’s Claim? One of the common reasons that a Parkinson’s claims is denied is that an applicant is Parkinson’s disease is “under control”, or isn’t currently disabling, or won’t be disabling for at least 12 months. Research is being done on common diabetes and anti-malaria drugs that may be potential therapies to slow down the disease progression and improve Parkinsonian’s symptoms. Tell Me...

Continue reading

The Two Reasons Why You Need To Appeal The Denial Of Your Erisa Disability Claims

appeal denial of ERISA disability claims

If you have an ERISA disability policy and your claim has been denied there are two reasons why you should appeal the denial of your disability benefits within 180 days of the date of the denial. What Are The Two Reasons I Should Appeal My Denial of My ERISA Disability Claim? 1. The ERISA law requires a policy holder to “exhaust” their administrative remedies before filing a lawsuit. Your appeal is considered your “administrative remedy.” If you fail to timely appeal the insurance company may say that you can’t sue because you failed to exhaust your administrative remedies. Appealing preserves your right...

Continue reading

What Every Social Security Disability Recipient Needs To Know About Discharging Your Federal Student Loans As A Result Of Total And Permanent Disability

social security disability student loan discharge

Federal Student Loans, including FFEL, Direct Loans and Perkins Loans are eligible for forgiveness if the student loan debtor is found to be "totally and permanently disabled" (TPD). The Department of Education is required to accept a Social Security Administration Notice of Award for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits as proof as a borrower's total permanent disability, if the Notice indicates that SSA will review the borrower's continuing eligilbity for benefits once for every five (5) to seven (7) years. However, if your Notice of Award indicates a disability review less than five (5) to...

Continue reading

Social Security Administration May Appoint A Representative Payee In Your Social Security Disability Case

If the Social Security Administration (SSA) determines that a beneficiary is unable to handle their own funds, SSA will appoint a representative payee, who will receive the funds on behalf of the beneficiary. The representative payee will act as a trustee over the funds and is supposed to make sure that the funds are used solely for the immediate and foreseeable needs of the beneficiary.  Any remaining benefits are to be conserved or invested by the representative payee pursuant to the rules. However, when a beneficiary becomes capable of handling their own funds, they are no longer in need of a representative...

Continue reading

What Does The Term “Disability” Mean In My Disability?

what does disability mean

There is no uniform definition of disability. You have to get your policy and review it closely. Disability is one of the most litigated policy terms because when you file a claim for disability, the insurer has to determine if you’re disabled based on the definition of disability within the policy. What are all the Various Types of Disability Policies? There are “Own Occupation” disability policies which will pay a policy holder if they’re unable to engage in his or her own occupation. Other policies are known as “Any Occupation” policies that pay if you’re unable to engage in any occupation but you’re...

Continue reading

More Bad News About The Delay In Social Security Hearings

social security disability hearing delays

The time for Social Security Disability hearings gets longer. The Social Security Administration doesn’t always make it easy for those who are disabled to get the Social Security benefits they deserve. It’s not uncommon for initial applications, and even requests for reconsiderations, to be denied and, as a result, the Social Security Disability applicant has to file a Request for a Hearing. What’s a Request for a Hearing? A Request for a Hearing asks that the case to be transferred to a Social Security Disability Administrative Law Judge to have a hearing on an applicant’s right to Social Security Disability benefits. At the...

Continue reading