14 January

Sticky

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

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

0 Comments

Sticky

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

0 Comments

Sticky

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...

19 December

0 Comments

Sticky

Social Security Administration Cutting Customer Service Hours

Posted by Nancy Cavey

in Latest News

Can you believe it! There is almost a 16 to 18 month wait to get Social Security Disability benefits in the Tampa area, yet, the Social Security Administration is going to be cutting it’s hours of operation at it’s 1,233 field offices for a second time in the last two years. Shorter hours at Social Security offices shortchange Social Security Disability applicants. The administrative costs to run a Social Security Disability office are paid from the same trust fund that provides Social Security Disability benefits to 56 million Americans. Social Security spent $11.4 billion on administration costs this year. Nancy Cavey, Tampa...

17 December

0 Comments

Sticky

Doctors Earn Millions to Aid Long Term Disability Insurance Companies to Deny Claims

Posted by Nancy Cavey

in Long Term Disability

You bought a long term disability policy to provide you and your family peace of mind if you became disabled. Every year, millions of Americans file for long term disability as a result of illness or injury. Unfortunately, long term disability carriers are in the business of collecting premiums and not paying benefits. One of the ways that they legally deny long term disability claims is by hiring medical doctors to write reports about whether there is an objective basis for the diagnosis, objective basis of any restrictions and limitations, whether they are capable of working in at least a...

14 December

0 Comments

Sticky

ERISA Mediations, Your Chance to Tell Your Story

Posted by Nancy Cavey

in Long Term Disability

If you have purchased your disability policy through your employer and have become disabled, your claim will be governed by the ERISA law. ERISA law is unlike any law in the United States and, quite frankly, it isn’t a fair law. Many ERISA disability policies have a provision in the policy that grants discretion to them to make the claims decision. That discretionary clause unbalances the scale of justice because a Federal Judge must give deference to the decision of the long term disability carrier. It is, quite frankly, difficult to win an ERISA case in court. Your day in court...

06 December

0 Comments

Sticky

Peripheral Artery Disease and Your Rights to Social Security Disability Benefits

Posted by Nancy Cavey

in Diseases

Peripheral Artery Disease social security disability

Do you have muscle cramping in your legs with physical activity? Experience numb, cold or weak legs? Slow to heal foot sores? You may be suffering from Peripheral Artery Disease (PAD) which occurs when plaque builds up on the walls of your arteries that supplies blood to your legs. If you have diabetes, smoke, have high blood pressure, are 50 or over or are African American, you are at a higher risk for Peripheral Artery Disease (PAD). If your doctor has told you to stop working as a result of PAD, you may be entitled to Social Security Disability benefits. Social Security Disability...

31 October

0 Comments

Sticky

What Medical Evidence Will Help Your Fibromyalgia Claims So that You get the Social Security Disability Benefits that You Deserve

Posted by Nancy Cavey

in Diseases

The Social Security Administration has just issued a ruling for the evaluation of fibromyalgia (SSR 12-2p). Fibromyalgia is a medically determinable impairment which will be recognized by the Social Security Administration if diagnosed by a licensed physician who uses the American College of Rheumatology Criteria for the classification of fibromyalgia. Additionally, the Social Security Administration will also consider medical evidence pursuant to SSR 06-3p. The Social Security Administration will look at your medical records and will take a longitudinal view of your treatment notes and your symptoms. That’s one of the reasons why it’s important to give an accurate description to...

30 October

0 Comments

Sticky

Tips to Reduce Your Risk for Developing Arthritis

Posted by Nancy Cavey

in Long Term Disability

Arthritis can be a disabling condition that prevents you from working. If your doctor has told you are unable to work, long term disability benefits may be available to offset lost wages. Did you know there are five tips to reduce your risk of arthritis: 1. Exercise; 2. Don’t push your body past its limits; 3. Watch your weight; 4. Stand up straight; 5. Take a Vitamin D. While family history plays a role in your risk of developing arthritis, the chances of developing many types of arthritis, including osteoarthritis and rheumatoid arthritis increases the older you get. While you can’t...

Author: Nancy Cavey