28 February

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

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...

04 February

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

Posted by Nancy Cavey

in Diseases

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...

08 December

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

Posted by Nancy Cavey

in Diseases

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...

17 September

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

Posted by Nancy Cavey

in Long Term Disability

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...

30 March

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

Posted by Nancy Cavey

in Uncategorized

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...

Author: Nancy Cavey