24 February

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Can a Long Term Disability Carrier in Florida Take my Social Security Disability Benefits that I Receive in a Lump Sum?

Can a Long Term Disability Carrier in Florida Take my Social Security Disability Benefits that I Receive in a Lump Sum? No! In Herman vs. Metropolitan Life Insurance Company (689 f supp 2d 1316 (MD Florida 2010)), Ms. Hermann did not have to pay back Metropolitan Life’s claimed lien resulting in her receipt of Social Security Disability benefits. Ms. Herman had “dissipated” or spent the long term disability benefits that had been paid in the past, she had no traceable funds in her possession. The only recovery that Metropolitan Life could potentially make was from Social Security benefits. However, by law,...

23 February

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How long does a Social Security Disability medical exam last?

Posted by Nancy Cavey

in Uncategorized

How long does a Social Security Disability medical exam last? Most Social Security Disability exams last between fifteen to twenty minutes if you are claiming you are disabled as a result of a physical condition. Read this article about medical exams to learn more about your claim and your rights to Social Security Disability benefits....

23 February

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Discitis and Your Rights to Social Security Disability Benefits

Posted by Nancy Cavey

in Diseases

You may be entitled to Social Security Disability benefits if your doctors told you that you have something called discitis. Discitis is a low grade infection in the disc space between your vertebrae. Think of your spinal [caption id="" align="alignright" width="201" caption="Discitis Social Security Disability"][/caption] column as a stack of Oreo cookies, the cookie is the retrieval body and the cream is the disc. Unfortunately, you can develop a low grade infection of the disc which causes severe back pain and is often aggravated by any movement of the spine. This pain will travel to your abdomen, hip, leg and groin and it...

21 February

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What does the Social Security Administration consider a “disability” for the purposes of my Social Security Disability application?

Posted by Nancy Cavey

in Uncategorized

What does the Social Security Administration consider a “disability” for the purposes of my Social Security Disability application? The Social Security Administration defines disability as a “physical, mental, medical condition that prevents an individual from working for more than 12 months”. Do you know that disability can be caused for Social Security purposes by an injury or even an illness. If your doctor told you that you will not be able to work for at least 12 months, you should apply for Social Security Disability benefits for more information about the Social Security Disability claim’s process, you can order a complimentary...

21 February

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What Every State Legislature Can Do to Protect ERISA Disability Policy Holders

Posted by Nancy Cavey

in Long Term Disability

ERISA disability policies hide behind an important clause in their long term disability policy in justifying their claims denial, that’s called a “discretionary clause”, a discretionary clause gives all the power to the long term disability carrier to deny your benefits. Courts will defer to the long term disability carriers decision making it very difficult for wrongfully denied long term disability policy holders to win their case. Many states are now tempting to use their power to regulate the insurance industry by banning discretionary clauses and policies issued in the state. These include states like Washington, California, and Texas. We in Florida...

21 February

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Long Term Disability Insurance Carriers Will Deny Your Claim by Mis-Classifying Your Occupation

Posted by Nancy Cavey

in Long Term Disability

It is not uncommon for long term disability carriers to have a vocational evaluator determine that your occupation is sedentary in nature and then, in turn allege that your medical records can’t support your inability to [caption id="" align="alignright" width="173" caption="Occupation Long Term Disability"][/caption] perform the full time functions of a sedentary occupation. The vocational evaluator, together with an internal physician peer review, will determine that your restriction and limitations and qualify you for a sedentary occupation. Why? If you are capable of engaging in at least a sedentary occupation, you are not entitled to long term disability benefits. It is important in appealing...

18 February

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Obama’s 6 Social Security Principles From US News

Posted by Nancy Cavey

in Latest News

In a USNews article on President Obama's 6 Social Security Principles, he states his opinion about the Social Security reform. "For a program everyone agrees is not in crisis, there sure are a lot of proposals swirling around to "reform" Social Security. There are even a lot of non-proposals, some of which you can find in President Obama's just-released 2012 recommended federal budget." His 6 Prinicples from the article are: •Any reform should strengthen Social Security for future generations and restore long-term solvency. •The Administration will oppose any measures that privatize or weaken the Social Security system. •While all measures to strengthen solvency should be...

14 February

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I have applied for Social Security Disability Benefits and wonder why I have been scheduled for a Social Security Disability medical exam?

Posted by Nancy Cavey

in Uncategorized

FAQ: I have applied for Social Security Disability Benefits and wonder why I have been scheduled for a Social Security Disability medical exam? If you do not have enough medical documentation to support your claim or you haven’t gotten treatment within sixty days as part of your Social Security Disability application, the Social Security Administration will, most likely, schedule you for what is called a Social Security Disability medical exam or consultative exam. It is crucial that you be prepared for what will happen at the Social Security Disability medical examination and that you be honest and trustworthy. While it is...

07 February

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How to Calculate Your Long Term Disability Benefits and the Insurance Carriers Right to a Social Security Offset

Posted by Nancy Cavey

in Uncategorized

Did you know that many long term disability policies are written so that the long term disability insurance company gets to reduce your long term disability benefits by the receipt of “other income” which can include your Social Security Disability benefits, your family member’s Social Security Disability benefits and even workers’ compensation benefits. But it’s worse! Not only does the short or long term disability insurance company get to reduce your monthly long term disability benefits by your monthly Social Security benefits, they will often sue you to recover your back long term disability benefits arguing that you have been...

Author: Nancy Cavey