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Author: Nancy Cavey

CaveyLaw.com > Articles posted by Nancy Cavey (Page 3)

I Can’t Live On My Social Security Disability Benefits! Can I Get More Money?

More Money Social Security Disability Claims

Unfortunately, the answer is no! The amount of your Social Security Disability benefits is based on your prior earnings record. If you have had a low paying job, your benefits will below. While you can't more than your earnings records allow, you can earn at least $1.100 per month without jeopardizing your benefits. If you do earn more than that, we suggest you enter into an approved SSA work program that will allow you to work and earn more than $1,100. If you are unable to maintain those earnings you won't jeopardize your Social Security Disability benefits. However, if you continue...

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I Have Old Medical Records Aren’t Those Enough To Win My Social Security Disability Claim?

Old Medical Records Social Security Disability

No! Old records may simply establish a diagnosis, but what is material is the medical records for the year prior to you stop working and the time period after you stop working. The Social Security Administration (SSA) will determine your functional capacity and whether you're able to work. In other words, the Social Security Administration will want to know: - how long you can sit, stand and walk, - how much you can lift and carry, - whether you have any non-exertional impairments such as pain, - the need to alternate positions or side effects of medication which impair your employability. While old records are helpful...

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What Documents You Have To Provide The Social Security Administration As Part Of The Application Process

Social Security Administration Application Process Documents Claims

I'll be the first to admit that applying for Social Security Disability benefits is a pain in the rear end. you have to supply documents and answer questions and if you don't cooperate you simply won't get approved for your benefits. What Documents Will I Have To Provide to the Social Security Administration SSA? You'll have to provide the following: - birth certificate or other proof of birth; - proof of United States citizenship or lawful alien status if you were not born in the United States; - U.S. military discharge papers if you had military service before 1968; - W-2 forms and/or self-employment tax returns...

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What You Need To Know About Aetna’s Application Of The “Any Occupation” Definition In Its Disability Policies

Own Occupation Aetna Disability Policy Claims

Many disability carriers, such as Aetna, have a two-tiered definition of disability. For example, Aetna's policy provides that for the first 24 months, you're entitled to your benefits if you can't perform the material duties of your own occupation. However, after 24 months of disability, the monthly benefits are payable if you "are unable to work in any reasonable occupation solely because of an illness, injury or any pregnancy-related condition." The policy also defines "reasonable occupation" as "any gainful activity for which you are or may reasonably become fitted by education, training or experience and which results in or can be...

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What Every Social Security Disability Applicant Needs To Know About Cardiac Arrhythmia

Cardiac Arrhythmia Social Security Disability Claims

Cardiac arrhythmia is a term for abnormal electrical activity of your heart which is diagnosed based on a physical examination and electric diagnostic studies. Your doctor will diagnose cardiac arrhythmia by feeling for your pulses or listening to your heart through a stethoscope. The easiest diagnostic test isn't electrocardiogram (EKG) to detect arrhythmias that can happen throughout the day and night. How Does the Social Security Administration View Cardiac Arrhythmia Claims? The social security administration uses a five-step sequential evaluation and, step three determines whether or not your cardiac arrhythmia meets section 4.05 listing of impairments. This listing deals with recurrent arrhythmias that...

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My Doctor Has Told Me To Stop Working, Will I Get My Social Security Disability Benefits?

Stop Working Social Security Disability Benefits

Maybe, maybe not! Help! Your medical records must establish that you have a medically determinable impairment that is supported by objective evidence. So, for example, if you have back problems, the Social Security Administration (SSA) will want to see that you have MRI's, x-rays, CT scans or EMG and Nerve Conduction Study tests that document that you really do have a back problem. Next, the SSA will determine, based on your medical records, whether you can return to the lightest job that you've held in the 15 years prior to when you became disabled and whether there is other work you can...

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How A Long Term Disability Application Can Overwhelm A Disabled Policy Holder

Long Term Disability Application Policy Holder Attorney

It's difficult to make the decision to stop working and apply for disability benefits. The application process can be daunting. Before you stop working, you should do the following: - review your long term disability policy to understand what you have to prove, the deadlines for submitting your claim, the deadlines for supplying medical records and the deadlines for appealing a denial, - what medical conditions are excluded under the preexisting condition, - or whether your benefits will be limited under the subjective or mental nervous provisions of the policy. It's also crucial from a financial standpoint that you know how long your waiting...

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A Misstep In Talking To Your Doctor Can Destroy Your Long Term Disability Insurance Claim

treating physicians long term disability claims

Many disability insurance policies have mental nervous limitations that limit the payment of disability benefits to just 2 years if you have a psychological or psychiatric condition that causes or even contributes to your disability. Get out your disability policy and read it closely, what does it say? You should be careful about discussing your emotional state with your treating physicians. Why Should You Be Careful In Talking With Your Doctor About Your Long Term Disability Claim? Disability carriers are looking for reasons to limit the payments of disability benefits. They're also looking for ways to ignore physical causes of disability. An easy way...

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UNUM’s Current Tricks To Reduce Policy Holder’s Disability Benefits In Settlement Negotiations

Disability Benefits In Settlement Negotiations UNUM Policy

UNUM disability policies, like most disability policies, have an "other income" provision that allows the disability carrier to reduce the gross LTD benefits by the receipt of the policyholders Social Security Disability benefits and that of the policyholder's dependents. Unum has started offsetting dependent Social Security benefits to 19 years and 2 months. There is a Social Security Administration provision that allows children still in high school to receive benefits to age 19 and 2 months if they are continuing as a full-time student at a secondary or elementary school. Normally the benefits would stop at age 18 unless the child...

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