28
October
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Author: Nancy Cavey
28
October
Experienced Disability Insurance Lawyer in Florida
Disability Lawyer Nancy Cavey who has been practicing since 1980 has represented individuals with all types of disabling conditions in Workers Compensation, Social Security and Disability claims. She has a unique understanding of the diagnosis and treatment of medical conditions, the impact these conditions have on your ability to function in the workplace, and understands the medical and vocational causation. Long Term Disability carriers routinely deny disability claims on the basis of: 1. No objective evidence of diagnosis 2. No objective evidence of disability 3. No evidence of causal relationship between the diagnosis and disability and your inability to work. Ms. Cavey has routinely worked...
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28
October
What Should A Long Term Disability Lawyer Do for You?
The Law Offices of Nancy L. Cavey, who has been helping the disabled obtain their rightly owed benefits for almost three decades, are advocates throughout your time of need. As a Long Term Disability and ERISA lawyer, Nancy Cavey believes that her role is to: 1. Educate clients about the Long Term Disability claim and litigation process. 2. Gather written records and documents to support your claim, including medical employment records. 3. Perform an investigation of your claim including interviewing doctors and employers. 4. Read and analyze your Long Term Disability claim file. 5. Meet and confer with your doctors and other health care providers to full understand your medical condition. 6. Obtain...
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28
October
Denials of Long Term Disability Claims because of No Improvement in Your Medical Condition
Unfortunately it is not uncommon for Long Term Disability carriers to play games in Long Term Disability claims particularly when the policy definitions changes from own occupation to any occupation. Many times the Long Term Disability carrier will find that you are totally disabled from performing your occupation and pay Long Term Disability benefits but notify you that they will re-review your claim when your policy definition changes to “any occupation.” For example in Saffron vs. Wells Fargo & Company LTD Plan, 522f.3d863 (9th Circuit 2008), Mr. Saffron had an MRI in April of 2003 that should degenerative changes and remained...
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28
October
Long Term Disability Denials Based On Vocational Opinions
In determining whether you are entitled to Long Term Disability benefits, the Long Term Disability carrier must determine whether or not your diagnosis and disability prevent you from doing your own occupation during the first twenty four months of your disability and any occupation thereafter. Long Term Disability carriers routinely use vocational rehabilitation counselors to review disability claims to determine whether or not you can do your former work or any work in the national economy. Unfortunately, vocational rehabilitation counselors hired by the Long Term Disability carriers make a number of mistakes. First, they will use the Residual Functional Capacity forms...
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28
October
Vacations and Your Long Term Disability Claim
Many times I am asked by my Long Term Disability clients whether or not they can take a vacation and whether or not they may be risking denial of their Long Term Disability claim. As we know, Long Term Disability insurance companies aggressively use surveillance in both cases they are evaluating and Long Term Disability claims that have been accepted. They may try to contact you or send you forms for you to complete. If you don't return them or can't be found, Long Term Disability carriers are going to start aggressively looking at your Long Term Disability claim. Nancy...
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28
October
Why Long Term Disability Carriers Decisions Should Not Be Given Deference in Denying a Long Term Disability Claim
The Saffron vs. Wells Fargo & Company LTD Plan 209 US District Lexis 84152 (C.D.CAL. September 15, 2009), is one of my favorite cases. As a Long Term Disability attorney that deals with MetLife decisions denying claims, the Saffron case provided an interesting road map for determining whether or not MetLife should be given any deference in their denial decision. While this is a California case and not binding on the district courts in the 11th Circuit there are some interesting things to consider. The Saffron court noted that the district court could consider: 1. Whether MetLife ignored Ms. Saffron’s complaints of pain,...
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28
October
Sedgwick James Sues Unhappy Disability Policy Holder Because of Maintaining a Web Blog
Can you believe this? Robert Delsman who was employed by GTE, sought Long Term Disability benefits under a MetLife GE plan. He was very unhappy with Sedgwick’s handling of his claim and began expressing his views through a web blog and post card mailing campaign called “operations going postcard.” Sedgwick and their chief executive and chief operating officer were not amused by Delsman’s complaints about wrongful denial of benefits to claimants and accused Sedgwick’s and its “minons” of being “Sedg Dogs.” Delsman also launched “operation going postcard” to “educate the consuming public” regarding the business practices of Sedgwick and one side...
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28
October
Long Term Disability Denials Based on Your Failure to Show Medical Improvement
Many Long Term Disability policies, such as Reliance Standard, require a showing of continued eligibility and they can ask for periodic updates to make sure that you continue to be eligible for Long Term Disability benefits. The three common reasons that Long Term Disability claims are denied or suspended is that the Long Term Disability applicant can’t: Show objective evidence of diagnosis Show objective evidence of disability Show objective evidence of the disability impact in your ability to do the material duties of your occupation Long Term Disability carriers will suspend the payment of disability benefits in part, based on what you put on your...
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28
October
Rebutting Potentially Damaging Surveillance Video and Your Long Term Disability Claim
Long Term Disability carrier’s like to collect premiums but don’t like to pay Long Term Disability benefits. One of the tools that they use to justify denial of Long Term Disability claims is surveillance. Many times, Nancy Cavey, Tampa Bay Long Term Disability attorney, finds that the Long Term Disability carrier does not submit all of the surveillance reports to their peer review independent medical examiner or even your treating physician for review and comment. If your claim has been denied as a result of video surveillance, Long Term Disability claim lawyer Nancy Cavey can secure a copy of your file including...
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