28 October

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Will My Employer Help Me with My Long Term Disabiity or ERISA Claim?

Maybe! If your employer is self insured for short term disabiity, the money to pay you is coming from your employer's pockets. If you have a good claim and were a good employee, you might be paid your short term disability benefits. I have had cases where the employer has overridden a short term diabiility administrator's decision to deny benefits because the employer liked the employee. I have seen cases where just the opposite took place! Rarely will an employer work with you so you can keep your job after you have become disabled. Your employer provided you with a disability policy...

28 October

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If Your Individual or ERISA Long Term Disability Policy Contains Any of These Clauses…You Should Be Concerned

Posted by Nancy Cavey

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The insurance company has the "discretion" to determine your benefits. You only get paid benefits if you can't perform "each and every" important duty of your job. The duties of your job are determined by the insurance companies' use of the “Dictionary of Occupational Titles,” and not based on how you have performed your job for your employer. Your benefits are limited to 24 months if your disability is caused, or contributed to in any fashion, by mental illness, depression, or anxiety. Your benefits are not payable, or can be limited, if your illness is fibromyalgia, chronic fatigue, chronic pain, or an illness in...

28 October

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Myths About Disability Insurance Claims You May Have Heard (From neighbors, friends, or other lawyers and insurance companies)

Posted by Nancy Cavey

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MYTHS/ LIES: You are on a level playing field with the insurance company. If your employer says you are too injured to work, the insurance company will automatically pay. Filling out the disability insurance company’s forms will automatically result in your being paid disability benefits. If you have been awarded Social Security disability benefits, you will have no problem getting your long-term disability benefits. If your doctor writes that you are "disabled", you will win your case. If the insurance company sends you an "activity log," it is because they are sincerely interested in what you do on a daily basis. The best way to convince the...

28 October

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The Truth About Long Term Disability Insurance Companies

Posted by Nancy Cavey

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THE TRUTH: Numerous judges have acknowledged that you are not on a level playing field with the insurance company during the claims process. Your employer's opinion of whether or not you can work carries little weight. Many employers are very upset to learn that the policy they purchased for their employees and themselves is not paying disability benefits. Many insurance companies will say, "your opinion does not count" or "you should have bought a better policy." Insurance company forms are actually designed to trick you into giving up information, that will later be used to help the insurance company deny your claim. Insurance companies...

28 October

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How We Handle Your Long Term Disability Claim

Posted by Nancy Cavey

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Fewer cases = More Time for You We are “different.” We don’t rely on a high volume of cases. We don’t claim to handle every type of law because we don’t want to. Each year we accept a limited number of long-term disability, Social Security, workers’ compensation, and wage and hour cases from the hundreds of people who ask us to represent them. We are not a “TV advertising mill.” We do not allow paralegals or assistants to negotiate your case. Fewer cases means more of our time is spent focusing on your needs, which we believe produces better results overall. Our best advice...

28 October

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What you DON’T Want To See In Your Your Long Term Disability Policy

Posted by Nancy Cavey

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Unfair Language # 1: "We Have Discretion to determine Benefits" Most disability insurance companies hide behind a clause hidden in their policies known as a "reservation of discretion". But don't bother to look in the ERISA statute for anything about a "reservation of discretion" clause. The federal courts have given the insurance companies the right to hide the so-called "reservation of discretion" clause, leaving all employees at risk! Florida is part of the Federal 11th Circuit Court of Appeals which has chosen to create its own rules on how it will review an insurance company’s long-term disability claim denial. First, the federal judge...

28 October

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Liberty Mutual Insurance | Liberty Mutual Disability Insurance | Tampa | Disability Attorney

Posted by Nancy Cavey

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Have you looked at the Liberty Mutual Group Website? There is a page on culture and values. Liberty Mutual would have you believe that what sets them apart is a “more than a 90-year old mission of ‘helping people live safer and more secure lives’. According to the website, their employees are dedicated to: 1) Integrity 2) Dignity and Respect 3) Superior Products and Services Unfortunately, in the experience of many Liberty Long-Term Disability policyholders, the company is not living up to that mission. Liberty Mutual Disability Facts: Liberty Mutual’s website is an amazing source of information. A Disability Insurance Education Center, Liberty explains that over...

28 October

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Are You the Star in the Long Term Disability Claims Denial Movie?

Posted by Nancy Cavey

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Long Term Disability carriers routinely hire private investigators to conduct video surveillance of you. More often than not Nancy Cavey, St. Petersburg and Tampa disability insurance lawyer, often will see that the report that the video surveillance doesn't match the actual footage taken or, in some cases is an actual work of fiction. If your Long Term Disability claim has been denied as a result of surveillance, you need a Long Term Disability attorney. Nancy Cavey requests a copy of your Long Term Disability claim's file, including the surveillance and the surveillance report. Nancy Cavey, Long Term Disability denied expert, watches the...

28 October

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Can I Get Both Workers’ Compensation and Short and Long Term Disability Benefits?

Posted by Nancy Cavey

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Well, the real answer is that it depends! Many Short and Long Term Disability policies can provide for both the receipt of both Workers' Compensation and disability benefits. Others will take a complete reduction of benefits, while others will pay a monthly minimum. How does this work? To figure the amount of your monthly benefits for Long Term Disability benefits Nancy Cavey, Florida Long Term Disability and Workers' Compensation attorney does the following: 1. Multiply your Long Term Disability basic monthly earnings by the benefit percentage shown in the policy. 2. Take the lesser of the amount: a) determined in step one, b)...

28 October

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Cardiac Long Term Disability Claims Denied as a Result of Vocational Opinions | Florida Disability Claim’s Denied Lawyer Nancy Cavey

Posted by Nancy Cavey

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It is not uncommon for Long Term Disability applicants who have cardiac problems to be denied Long Term Disability benefits on the basis that they can return to their own occupation or any occupation within the national economy. Long Term Disability carriers will routinely use vocational evaluators to render an opinion that you are capable of returning to old job or some job in the national economy. If, that in fact, were true you wouldn't be applying for Long Term Disability benefits. People who have heart conditions are evaluated under a permanent impairment guide that is based on your cardiac functionality. There are...

Author: Nancy Cavey