14 July

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Group Health Insurance Benefits For Those On Long Term Disability Insurance

group health insurance long term disability attorney

When you became disabled you, unfortunately, most likely lost your job and your group insurance benefits. The lack of health insurance can have a devastating impact on your medical and financial future. Websites for help with insurance Did you know that there are a number of websites that can help you find an affordable insurance program? These include the following: • Heathcare.gov: The official site for the Health Insurance Marketplace (a.k.a. Obamacare); • FinancialHelpforHealth.org: A new site from the Robert Wood Johnson Foundation to help consumers learn about credits and subsidies for health insurance; • AARP.org: Solid information on both Medicare and the Health Insurance...

30 June

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Discretionary Clauses And Your Long Term Disability Claim

Posted by Nancy Cavey

in Long Term Disability

Discretionary Clauses long term disability claims

Get out your long term disability policy and look for something called the “Discretionary Clause”. It’s a clause that lets the long term disability carrier make the decision and requires that the court defer to its decision. It’s what I call a “get out of jail free card.” Fortunately, there are some states that prohibit discretionary clauses in long term disability policies. These states include: California; Colorado; Illinois; Michigan; and Washington. You can determine whether the discretionary clause is applicable to you by looking at your disability policy and what state your policy was issued. What other terms don’t you want to see in your long term disability...

24 June

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Making The Decision To Hire An Attorney To Get Your Long Term Disability Benefits If Your Claim Has Been Denied

Posted by Nancy Cavey

in Long Term Disability

You bought your long term disability policy to provide you and your family peace of mind if you were unable to work. You’ve even made the difficult decision to apply for disability benefits knowing that your physician and employer have supported your claim. Yet, you’ve gotten a denial from the long term disability carrier. No matter how angry or upset you are, don’t walk away from your long term disability claim. As a disability attorney, I know that very few people look forward to protracted litigation but there are times in life when the only right course of action is...

12 May

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Cardiomyopathy And Florida’s First Responded Presumption

Posted by Nancy Cavey

in First Responders

In a case of Orange County v. Wilder, the 1st District Court of Appeals has ruled that viral cardiomyopathy constitutes heart and “heart disease” as the term is used in Section Florida Statute 112.18. If a presumption applies, a first responder is under no obligation to establish occupational causation and the employer has the burden to prove that they did not get the virus at work. Are you a first responder and have a question about this issue? We represent all over the state of Florida First Responders who need help just like in this situation. Give us a call 727-894-3188...

08 May

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Law Enforcement Agencies Don’t Have To Tell First Responders About The Statutory Presumption

Posted by Nancy Cavey

in First Responders

The 1st District Court of Appeal recently ruled that there is no requirement that an Employer/Carrier provide injured law enforcement officers information regarding the statutory presumption. Officer Guevara was employed by the City of North Bay Village and was placed on light duty on March 15, 2007 after a physical revealed his blood pressure was elevated. His supervisor completed a Notice of Injury and the City of North Bay Village, through Florida Municipal Insurance Trust/Florida League of Cities, sent Officer Guevara an initial claim packet which included an informational brochure approved by the Department of Financial Services. The packet did not enclose...

14 April

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How Do Long Term Disability Carriers Use Position Statements To Deny Fibromyalgia Claims?

Posted by Nancy Cavey

in Long Term Disability

Many long term disability carriers are in the business of collecting premiums and not paying benefits to fibromyalgia policy holders. Many long term disability carriers will deny fibromyalgia claims on the basis that fibromyalgia is largely based on self reported symptoms and that there isn’t any objective evidence of restrictions and limitations. It’s not uncommon to see a denial letter language that describes fibromyalgia syndrome as a functional somatic syndrome. The denial language will say that FMS sufferers symptoms are “exacerbated by a self-perpetuating, self-validating cycle in which common, endemic, somatic symptoms are incorrectly attributed to serious abnormality, reinforcing the patient’s...

Author: Nancy Cavey