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Author: Nancy Cavey > Articles posted by Nancy Cavey (Page 121)

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

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...

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Long Term Disability Claim Denial Because “You May Be Able to Perform Your Past Prior Work or Other Work”

Unfortunately, Long Term Disability insurance companies deny claims for all sorts of reasons, however, Nancy Cavey, ERISA Long Term Disability denied lawyer, often sees denial letters which contain the language that your claim was denied "there is no evidence that demonstrates that a Long Term Disability applicant can perform a certain exertional level and remains able to perform your past, prior work or other work as proposed." What does that mean? Long Term Disability carriers routinely will determine, based on a review of your medical records, or an analysis of your medical records by an in house nurse or peer...

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Long Term Disability Benefits and Your Records | Long Term Disability Denied Lawyer in Tampa Bay

When you apply for Long Term Disability Benefits, your Long Term Disability carrier will ask for your medical records. However, the Long Term Disability carrier will not tell you what medical records are the most important in your disability claim. There are three types of medical records each of which can result in a denial of your Long Term Disability claim, or an approval. 1. Chart Notes When you go to see your physician, a nurse or assistant will take information regarding your complaints, symptoms, medications and perhaps the difficulty of how you are functioning. Chart notes are important because Long Term Disability...

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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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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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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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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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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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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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