28 October

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Claims Denials Based On a Misunderstanding of My Job Description

If you are Long Term Disability policy holder in what is called the own occupation stage, the Long Term Disability carrier will get information from your employer about your job description and job duties, if your policy requires the Long Term Disability carrier to use the description of your job is as preformed in the national economy, the Long Term Disability carrier will go to the book call the Dictionary of Occupational Titles and get the job duties as the position is preformed in the national economy. Unfortunately, Long Term Disability denied attorney Nancy Cavey often finds that the Long Term...

28 October

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Functional Capacity Evaluation and Chronic Fatigue Syndrome Long Term Disability Recipients

Posted by Nancy Cavey

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If you are a suffer of Chronic Fatigue Syndrome or Fibromyalgia and have been scheduled for a Functional Capacity Evaluation, beware! You are being set up for a claims termination. Long Term Disability carriers hate Chronic Fatigue or Fibromyalgia claims because they feel that these are conditions based on “subjective complaints.” It is not uncommon in these cases for the Long Term Disability carrier to routinely have you fill out Activities of Daily Living Forms, look at what your physicians say about your Activities of Daily Living and use extensive surveillance to try and catch you doing something that is inconsistent...

28 October

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Has Your Long Term Disability Carrier Asked to Undergo a Functional Capacity Evaluation?

Posted by Nancy Cavey

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If you are a Long Term Disability applicant and your Long Term Disability carrier has asked for you to undergo a functional capacity evaluation you are being set up! It is not uncommon for Long Term Disability carriers to use Functional Capacity Evaluations to challenge your doctor’s opinions or your statements about your ability to function. While most Long Term Disability carriers have the right to such an evaluation, you should know that Long Term Disability carriers, such as CIGNA will routinely send instructions to the FCE provider about how to fill in the forms, how to interpret the data and...

28 October

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Your Psychiatric Exams, Fibromyalgia and Chronic Fatigue Claims

Posted by Nancy Cavey

in Fibromyalgia Disability Claims

Long Term Disability carriers may accept the diagnosis of chronic fatigue and Fibromyalgia yet deny a claim on the basis that you are employable. It is not uncommon for Long Term Disability Insurance companies to have an “independent paper review” by a physician who has been hired by the carrier. More often than not this paper review, or even an independent medical evaluation physician who has been hired to evaluate, will conclude that you meet the diagnostic requirements requiring fatigue. However, they will claim that despite having the physical and psychiatric limitations normally seen in Chronic Fatigue Syndrome case, you still...

28 October

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Games Played by the Long Term Disability Carriers in Chronic Fatigue and Fibromyalgia Claims

Posted by Nancy Cavey

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If you have been diagnosed with Chronic Fatigue Fibromyalgia and are receiving Long Term Disability benefits during your own occupation stage, be prepared to have your claim to be challenged and/or denied when the definition of disability changes from “own occupation” to “any occupation.” You will most likely receive a letter from your Long Term Disability carrier indicating that they are going to be reviewing your claim. What that means is that you are being set up for a claim’s denial. They will be contacting your doctor to determine your restrictions and limitations, they will schedule a functional capacity evaluation, place...

28 October

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Long Term Disability Claims and Chronic Fatigue Syndrome: Are You Really Disabled?

Posted by Nancy Cavey

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Chronic Fatigue Syndrome disability lawyer Nancy Cavey knows that a mere diagnosis of Chronic Fatigue Syndrome does not guarantee that you will get your Long Term Disability benefits. A Long Term Disability carrier who is evaluating a claim based on Chronic Fatigue Syndrome will look to see whether or not you have an impairment that makes you unable to perform the material and substantial duties of your own occupation. It is not uncommon for Long Term Disability carriers to acknowledge the diagnosis of Chronic Fatigue Syndrome that have a peer reviewed physician or independent medical review physician determine that you are still...

28 October

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Own Occupation Claim for Long Term Disability Benefits and Fibromyalgia

Posted by Nancy Cavey

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Your Long Term Disability policy may provide that you are entitled to disability benefits if you are unable to engage in your own occupation. The Long Term Disability carrier will ask your treating physician to complete a physical capacity form and address your restrictions and limitations. It is crucial that your doctor accurately fill out your ability to work taking into consideration your side effects of medication, fatigue, difficulty concentrating and pace. Sometimes treating physicians will be optimistic about your abilities and suggest that you can return to work on a trial basis with certain restrictions and limitations. If you do attempt to...

28 October

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Fibromyalgia and Chronic Fatigue Long Term Disability Claims: Proving Vocational Causation

Posted by Nancy Cavey

in Fibromyalgia Disability Claims

It is not uncommon for Long Term Disability carriers to acknowledge that a Long Term Disability applicant who suffers from Chronic Fatigue Syndrome or Fibromyalgia is in fact disabled but yet they deny the claim for Long Term disability benefits on the basis that they are still capable of working. Long Term Disability Fibromyalgia and Chronic Fatigued denied claim lawyer Nancy Cavey, knows it is important to develop the medical evidence that fully explains your physical restrictions and limitations, side effects of medications and difficulty with concentration, pace and duration. One of the keys to establishing that there is a causation between...

27 October

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Fibromyalgia Long Term Disability Claims Three Things Every Long Term Disability Applicant Should Know

Posted by Nancy Cavey

in Fibromyalgia Disability Claims

Nancy Cavey, Tampa/ St. Petersburg Fibromyalgia Long Term Disability attorney knows that there are three things that the Long Term Disability carrier is looking for in every Fibromyalgia Long Term Disability claim. First, there must be evidence to support the diagnosis of Fibromyalgia. Secondly, there must be evidence that your Fibromyalgia is causing certain physical restrictions and limitations that result in you being disabled. Thirdly, there must be casual relationship between your diagnosis and disability and your inability to work. Many people with Fibromyalgia are able to work, but there are others that are unable to work. It is important that the medical evidence being...

27 October

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Fibromyalgia and Your Claim for Long Term Disability Benefits/ Florida Long Term Disability Benefits Denied Lawyer

Posted by Nancy Cavey

in Fibromyalgia Disability Claims

One of the most important things a Fibromyalgia sufferer can do is to know their Long Term Disability policy. Long Term Disability policies can exclude or limit claims involving Fibromyalgia or Chronic Fatigue. Some of these policies will actually exclude or limit the disease by specifically saying that Fibromyalgia of Chronic Fatigue is either excluded or benefits are limited to two years. Other policies will hide this limitation by using terms that limit Long Term Disability benefits for conditions that are primarily based on “self reported” symptoms. Unfortunately, the Long Term Disability policy doesn’t define “self reported.” Knowing what is in your policy can...

Author: Nancy Cavey