12 September

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What Every Disability Policy Holder Needs To Know About ERISA

“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...

04 August

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Can You No Longer Work With Your Scleroderma

Posted by Nancy Cavey

in Long Term Disability

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...

16 May

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May 19th Is National Hepatitis Testing Day

Posted by Nancy Cavey

in Diseases

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...

29 February

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Blood Pressure Control Can Help Prevent A Heart Attack Or Stroke

Posted by Nancy Cavey

in Diseases

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...

28 February

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

Posted by Nancy Cavey

in Insurance Carriers

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...

26 February

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Hartford Loses Long Term Disability Fibromyalgia Claim

Posted by Nancy Cavey

in Insurance Carriers

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...

25 February

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

Posted by Nancy Cavey

in Long Term Disability

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...

Author: Nancy Cavey