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Author: Nancy Cavey

CaveyLaw.com > Articles posted by Nancy Cavey (Page 143)

Cardiac Case Law – Does the Presumption Apply to a Retired Firefighter?

No! In Smith v. City of Miami, 552 So2d. 245 (Fla. 1st DCA 1989), be First District Court of appeal ruled that the First Responder presumptions do not apply to a retired firefighter. The Court reasoned that a retired fireman did not meet the definition of section 112.191 (1)(b) which requires that a “fireman” be a “duly uniformed firemen.” Since he was retired, he was not a “duly uniformed firemen.” The lesson here is to consult with an experienced first responder attorney, like Nancy Cavey, so that you don’t retire prematurely and jeopardize your rights to First Responder workers’ compensation benefits....

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Cardiac Case Law – The Punsky Decision Update

The Carrier in the blockbuster Punsky decision, which gutted the Employer/Carrier’s favorite risk factor defense, has filed a Motion for Re-hearing asking the First District Court to change its mind. I doubt the court will agree but I will keep you updated. If you have questions about your First Responder Heart and Lung case or questions about your Florida workers’ compensation benefits, contact Nancy Cavey, a St. Petersburg board certified worker’s compensation lawyer who specializes in representing first responders....

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A Blue Print for Overturning a Long Term Disability Denial of Benefits After Six Back Surgeries

Can you believe that a long term disability carrier could terminate long term disability benefits of a policy holder who had sciatica and six back surgeries? Having had lower back surgery, I know the severe pain that you can have with sciatica and herniated disc.    UNUM, as usual, had the claim reviewed by their physician and an “independent medical evaluator”. In Schuermann v. Unum Life insurance Company of America, 2010 US App Lexus 13716 (5th Circuit July 6th, 2010), the appellate court reserved Unum’s denial on the basis that the: Insurers’ company physician, on two occasions in his report, misinterpreted the employers...

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Carpal Tunnel Syndrome and Your Rights to Long Term Disability Benefits

Carpal Tunnel Syndrome is a painful condition that is caused by the entrapment of a median nerve as it passes through part of your wrist called the carpal tunnel. This condition can case swelling of the hand and the wrist and it is not uncommon to see this condition develop as a result of keyboarding activities. Even prolonged exposure of the wrist to vibration can cause Carpal Tunnel Syndrome. People with diabetes, rheumatoid arthritis and other medical conditions can also develop Carpal Tunnel Syndrome. Carpal Tunnel Syndrome can be so painful that you are unable to do your own occupation particularly...

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The Long Term Disability Carrier Asked Me Where I Filled My Prescriptions… Why?

Q: The Long Term Disability Carrier asked me where I filled my prescriptions, why? A: Great question! Long term disability carriers have access to investigators who will canvas pharmacies near your home to determine whether or not you are getting your prescriptions filled and, what prescriptions you are getting filled. Since you've signed a medical release, they'll use your release to get that information. At The Law Offices of Nancy L. Cavey, we restrict our client's signature on medial releases to prevent this kind of abuse....

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Long Term Disability | Peace of Mind | St. Petersburg Disability Attorney

Nancy Cavey on YouTube St. Petersburg | Tampa Bay Florida Disability Attorney Nancy Cavey Talks about: Collecting benefits from long term disability insurance companies is stressful, difficult and emotionally challenging because, after all, you are disabled. If you are filing a claim, contact Nancy Cavey at caveylaw.com or call 727.894.3188....

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Depression and Your Rights to Social Security Disability Benefits

If you are suffering from depression, you may be entitled to Social Security Disability benefits. The Social Security Administration uses a five step sequential evaluation to determine entitlement to every claim for Social Security Disability benefits but, a claim for depression is different. If you are suffering from depression and are unable to work, you must prove the following: 1. Your depression must prevent you from doing any kind of work for at least twelve months. 2. Your depression must be considered severe. 3. You must meet a listing under the Social Security Administration rules for depression. If you don’t, as most people don’t, you...

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Carpal Tunnel Syndrome and Your Rights to Long Term Disability Benefits

Carpal Tunnel Syndrome is a painful condition that is caused by the entrapment of a median nerve as it passes through part of your wrist called the carpal tunnel. This condition can case swelling of the hand and the wrist and it is not uncommon to see this condition develop as a result of keyboarding activities. Even prolonged exposure of the wrist to vibration can cause Carpal Tunnel Syndrome. People with diabetes, rheumatoid arthritis and other medical conditions can also develop Carpal Tunnel Syndrome. Carpal Tunnel Syndrome can be so painful that you are unable to do your own occupation particularly if your...

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What Does it Cost to get a Social Security Disability Attorney in Tampa?

attorney fees long term disability carrier

Did you know that the Social Security Administration determines the maximum fee that can be charged for a Social Security Disability case? Currently, it's 25% of the retroactive dollar amount of the Social Security benefits awarded not to exceed the maximum amount. If you don't receive your Social Security benefits, there is no fee! There may of course, be charges for items in addition to an attorney's fee such as securing your medical records or having your doctor complete what's called a residual functional capacity forms. For more information about the Social Security Disability claims process, order our free, no obligation book Your...

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