21 February

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Friends of 440 Scholarship Fund — Application Deadline February 28, 2013

It's that time of year again! The applications for the Friends of 440 Scholarship Fund must be received by February 28, 2013. The application is available on our website a twww.440scholarship.org. The purpose of Friends of 440 Scholarship Fund is to aid dependents or descendants of workers who were injured or killed in the course and scope of their employment and who received benefits under the Florida Workers' Compensation Law. In addition, dependents of individuals who primarily work in the operation and/or administration of this same law are eligible to receive scholarships....

14 February

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The Initial Application for Short Term or Long Term Disability Benefits Can Make or Break Your Case

Posted by Nancy Cavey

in Long Term Disability

Completing your initial application without consulting a disability attorney is a setup for failure. You should formulate a plan of attack for winning your long term disability claim before you willy nilly complete an initial disability application with hopes that your carrier will Fedex a disability check to you. Applications often contain vague questions that are misleading or will bait you into submitting incomplete information. Worse yet, having an irregular disability policy you don’t even know the standard proof you need to establish to show that your disabled as a result of your medical condition. You will also be asked to have...

04 February

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Tricks Long Term Disability Carriers Will Use to Deny Your Claim for Disability Benefits

Posted by Nancy Cavey

in Long Term Disability

Many long term disability carriers will use a paper review of your file conducted by its internal medical personnel to determine whether or not there is: 1. An objective basis of your severe diagnosis. 2. An objective basis for the restriction of limitations that have been assigned. 3. A causal relationship between your diagnosis and or restrictions limitations in your inability to perform your own occupation. It is not unusual for long term disability carrier’s medical personnel to determine your records do not indicate an inability to return to work. Next weapon that long term disability carriers will use is a functional capacity evaluation to...

16 January

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New Therapeutic Treatment and Multiple Sclerosis

Posted by Nancy Cavey

in Diseases

Multiple Sclerosis (MS) is a potentially debilitating disease that causes inflammatory damage around the axons of the brain and spinal cord. This damage to the myelin sheath called the “demyelination” can cause loss of sensitivity, tingling, pins and needles, numbness, muscle weakness, spasm, difficulty moving with coordination, balance, speech and digestive problems. For the last 20 years Beta Interferons have been prescribed for patients with multiple sclerosis. Unfortunately, a study at the University of British Columbia indicates that Beta Interferons may actually have no measurable impact on the progression of the disease. As a result, new therapeutic measures are being explored....

14 January

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Do ERISA plans have to abide by Social Security Disability benefit award?

Posted by Nancy Cavey

in Long Term Disability

No, the United States Supreme Court in MetLife vs. Glen, 554 US 105 (208), was troubled when MetLife encouraged Mr. Glen to apply for Social Security Disability benefits, reduced his long term disability benefits by the receipt of the Social Security benefits and then ignored the Social Security finding entirely in denying the long term disability benefits. Many ERISA plans require claims to apply for Social Security Disability benefits and they even provide legal assistance to provide those benefits. Since the Glen decision, many long term disability insurance companies have been careful to reconcile the Social Security determination with their ultimate...

04 January

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Why Should I Appeal the Denial of my Disability Benefits?

Posted by Nancy Cavey

in Long Term Disability

You purchased a long term disability policy to provide you and your family peace of mind. Unfortunately, long term disability carriers are not in the business of paying disability benefits to their policy holders. They would rather collect the premium. So, what happens after you have submitted your claim and you have been denied? There are two reasons why you should appeal the denial of your disability benefits. Why? 1. Your appeal is your last chance to submit evidence of your disability. You can actually get a copy of your file from your disability carrier which will help you determine the real...

02 January

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What is an ERISA Appeal?

Posted by Nancy Cavey

in Long Term Disability

If you’ve purchased a long term disability insurance policy through your employer, it, most likely, is governed by the ERISA law. ERISA is a pro insurance federal law which requires that you submit an ERISA appeal if your claim has been denied. Generally speaking, an ERISA appeal is your only opportunity to submit additional information in support of a denied claim. Simply writing a letter saying that your appealing the decision or sending a letter from your physician saying that you are disabled wont win your appeal. It is crucial that the appeal addresses the myriad of reasons that long term...

Author: Nancy Cavey