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Author: Nancy Cavey > Articles posted by Nancy Cavey (Page 59)

State Denies First Responders Claim Alleging that his Pre-Employment Blood Pressure Readings were Abnormal

One of the common defenses that employer/carriers commonly use in first responder claims is that the first responder didn’t pass the pre-employment physical. In the case versus Forester vs. Florida Highway Patrol, Investigator Forester had a pre-employment physical on October 19, 1993 that should blood pressure of 154/70, years after the fact, the state’s expert cardiologist, Dr. Talit testified that this was evidence of hypertension, while the claimants expert Dr. Sivasinkarne testified that a single blood pressure reading it’s evidence of hypertension. Judge Murphy rejected the argument that Investigator Foresters’ pre-employment blood pressure reading was abnormal and awarded workers’ compensation...

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The Long Term Disability Carrier asked me where I filled my Prescriptions, why?

FAQ:  The Long Term Disability Carrier asked me where I filled my Prescriptions, why? Answer: Great question! Long term disability carriers have access to investigators who will canvass pharmacies near your home to determine whether or not you are getting your prescriptions filled and, what prescriptions are getting filled. Since you’ve signed a medical release they’ll use your release to get that information. At Cavey and Barrett, we restrict our clients signature on medical releases to prevent just this kind of abuse....

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Announcement: The Friends of 440 Scholarship Fund Deadline Dates

Cavey and Barrett, co-founders of the Tampa Bay Friends of 440 Scholarship Fund announce that the application for 2011 must be submitted prior to February 28, 2011. The purpose of the scholarship fund is to help the dependents or descendants of workers who were injured in the course of their employment and who reside or whose accidents occurred in the state of Florida. The applicant’s relative must have been involved in an workers’ compensation accident. High school applicants must have a 2.70 GPA and college applicants must have 3.00 GPA to apply. You must maintain a 3.00 GPA for renewals. Unfortunately, our...

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Do You Know the Clues in the Social Security Disability Claim Denial Letter That Tell You What You Need to Improve Your Claim?

The Social Security Administration is required to issue a letter to you explaining whether they are granting or denying your claim, it’s called a “Notice of Decision” letter. If your claim has been denied there are lots of clues that are left in that Notice of Decision letter that explains why the Social Security Administration denied your claim for benefits, it’s almost a form letter! At Cavey and Barrett, we know the clues that are there for you in that Notice of Decision denial letter. Unfortunately, it is not written in English, but is written in Social Security language. If you don’t understand...

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If You Suffer From Chronic Sleep Disorder You Might Be Entitled to Long Term Disability Benefits

If you are covered by a long term disability policy and are having chronic sleep disorders such as sleep apnea, or other sleeping disorders, you may be entitled to long term disability benefits. In the case of Eaton vs. Metropolitan Life, 661 fsupp 2nd 1240 (2009 US District Lexus 88965), Mr. Eaton was advised by his physician because he could no longer work because of a chronic sleep disorder. His long term disability benefit was initially approved but Metropolitan Life put surveillance on Mr. Eaton. He was filmed driving or engaging in other activities of living. As a result, Metropolitan...

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December 1st is World Aids Day

December 1 is World AIDS Day and an opportunity to recognize the many faces of AIDS. The Centers for Disease Control and Prevention (CDC) estimates that more than one million people are living with HIV in the United States. One in five of those people is unaware of their infection. An estimated 56,300 people become infected with HIV and more than 18,000 people with AIDS die each year in the U.S. view source...

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If You Don’t Consult a Long Term Disability Lawyer Before You File Your Claim for Long Term Disability Benefits, You’ll Hate Yourself Later

When you apply for short or long term disability benefits you can make some very serious mistakes that can destroy your claim or limit the benefits your are entitled to. That’s why Nancy Cavey, a long term disability attorney, suggests that you get advice about the disability claims process before you file a claim for benefits. Why? You’ve purchased a disability policy to protect your lifestyle and if you try to represent yourself, you can make crucial mistakes in the application phase. Unfortunately, I have had cases where lawyers and doctors who become disabled try to represent themselves in the disability...

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If You Don’t Pick the Right Date to Stop Working, You’ll Hate Yourself Later When Your Long Term Disability Claim is Denied

If your doctor has told you that you are unable to work and you are thinking about applying for short or long term disability benefits, one of the most important decisions that you need to make is the date on which you stop working. If you pick the wrong date to stop working, your claim could be denied! Many short and long term policies have a provision that requires you to have coverage for a certain period of time before you become eligible to file for benefits. So, if for example, your policy requires that you be covered a year before...

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First Responders Required to Give Notice of Injury to their Employer

If you are first responder you are required to provide your employer with notice that you have condition that’s covered under the Heart and Lung Act and claim benefits. Unfortunately, many employers simply don’t educate first responders about their entitlement to worker’ compensation benefits under the First Responder Act. In the recent case of Forester vs. Florida Highway Patrol/Department of Highway Safety, Investigator Forester developed uncontrolled hypertension for which medication was prescribed. He was out of work for over ten days and he advised his supervisor of this medical situation. Despite advising his supervisor and coming back to work with a...

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Social Security Disability Benefits are the Subject of Violent Threats

The Social Security Administration’s Office of Disability Adjudication and Review reported that between March 2009 and August 2009 there were over twenty-eight violent threats reported at Social Security Disability offices and nine judges were threatened. Social Security judges have difficult decisions to make and the delay in hearing claims has not been caused by an administrative law judge. Unfortunately, part of delay has been the lack of staffing and judges to hear claims but the efforts in the St. Petersburg area has resulted in the opening of a new claims office in St. Petersburg. Threatening an administrative law judge isn’t the way to...

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