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Author: Nancy Cavey > Articles posted by Nancy Cavey (Page 128)

The Dirty Little Secret About Taxable Costs in Workers’ Compensation Cases

In 2003, one of the most significant changes to the workers’ compensations statute, allows employer/carrier’s to file a claim for costs if the employer/carrier prevails in a workers’ compensation claim. In Orange County vs. Nue, (45 Florida Law Weekly d1431 (June 25, 2010)) fire fighter Nue was sued by Orange County Fire and Rescue asking for costs after he lost his workers’ compensation case. The Judge of Compensation Claims entered and order tax and costs in the amount of $2,594.99 against him and when he failed to pay the costs, Orange County filed what’s called a Petition for Rulinisi under...

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Long Term Disability Denials Based On Vocational Opinions

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 completed by the carrier’s doctors, which will most likely say that you can do at least sedentary work. The vocational rehabilitation counselor will rarely consider the opinion of your doctor about your abilities. Secondly, they will determine that you have certain transferable skills based on...

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Berkshire Life Insurance Policies and the Term “Occupation”

If you have a Berkshire Life Insurance disability policy, take a close look at it. Does it define the definition of occupation? Does the term occupation refer to only the job that you held at the time you became disabled? Does it mean the inability to engage in your own occupation at the time of your disabling condition? Or should be interpreted to include any work requiring similar skills or producing a similar endpoint? This very issue was raised in the case of Berkshire Life Insurance Company v. Bruce Adelberg (698 Southern 2nd 282) in a private disability policy claim which...

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Complex Regional Pain Syndrome and Florida Social Security Disability Claims

If you have complex regional pain syndrome (CPRS), your claim for Social Security disability benefits might have been denied for lack of objective evidence of your disability. A groundbreaking study by scientists at Northwestern University School of Medicine has found scientific evidence that chronic pain from complex regional pain syndrome (CRPS) causes a re-wiring of the brain. The changes "in the brain take place in a network of tiny, white cables, that dispatch messages between the white matter in your brain." Your chronic pain can actually cause the brain to shrink in size. If your claim for Social Security disability benefits as...

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Your Rights to Social Security Benefits – Information the Social Security Administration Rarely Tells You about Your Claim

Are you losing money because you have not filed for benefits or failed to appeal a denial of your claim for benefits? Don't make a move until you READ this SPECIAL BULLETIN on the Social Security Disability claims process!! © The Law Offices of Nancy L. Cavey, April, 2007, Attorneys at Law, Phone: (727) 897-9053 Thank you for requesting this SPECIAL BULLETIN on YOUR RIGHT TO SOCIAL SECURITY DISABILITY BENEFITS. This bulletin explains what you need to know about the Social Security disability claims process in order to win your claim.   Please note that this bulletin is neither intended as legal advice on your...

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What is the Five Step Sequential Evaluation the Social Security Administration Uses in Every Case All the Time?

The Social Security Administration analyzes your claim using what is called a 5 STEP SEQUENTIAL EVALUATION process which we outline below. 1. Have you engaged in substantial gainful activity? At Step One, the issue is whether you have worked after the date you said you became disabled. Most Social Security applicants meet test one because they have not worked since their disability began. If you have worked after the date you said you became, disabled, we can determine whether that work may disqualify you from entitlement to benefits. 2. Do you have a severe impairment? Step 2 is designed to weed out cases that...

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Working While Collecting Social Security Disability Benefits

You should be very careful about working when you’re on Social Security Disability benefits. You must report your work activity to the Social Security Administration, and I would suggest that you do it in writing. Remember that there is a limit to how much you can earn and not lose your Social Security Disability benefits. Tampa Bay Social Security lawyer, Nancy Cavey, suggests that you make a personal visit to your local Social Security office and notify someone, face to face, that you have returned to work. I would keep a record of that conversation. If you don’t tell the Social Security Administration,...

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How Do I Apply for Social Security Disability Benefits?

You can begin the application process with a simple telephone call to the Social Security Administration at 1-800-772-1213 to schedule a telephone interview, or a face to face interview at your local Social Security office. If you have requested a telephone interview, a representative from the local office will call you at the scheduled time and take your claim information. If you request an office visit, a representative at the local office will be expecting you and will take you promptly upon your arrival, provided you arrive at the scheduled time. You can visit your local office without an appointment,...

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Hiring a Social Security Disability Lawyer

I get asked " Do I need a social security lawyer to help me get my Social Security Disability benefits?" It depends on where you are at in the claims application process. The initial application is pretty easy to file, but there are mistakes that you can make in the initial application process. These mistakes can include giving incomplete history about your work history, failing to give an accurate an history about the lightest job you have had, not explaining your medical condition fully, failing to explain the  side effects of medication, etc. Abraham Lincoln once said that "a person who represents...

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Fibromyalgia Sufferers Entitlement to Social Security Disability Benefits

Do you suffer from fibromyalgia? Have you filed a claim for Social Security Disability benefits? At step 3 fo the 5 step sequential evaluation, you must establish that you have met a Listing or you have to move onto Step 4 and 5 of the sequential evaluaiton process. The Social Security Administration has acknowledged that fibromyalgia is not diagnosed based on gold standard objective testing like MRI's or x-rays. The American College of Rheumatology has created a standard for the diagnosis of fibromyalgia which is, in part, based on subjective response you make while being examined. There are residual functional forms that...

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