15 November

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What is a Consultative Examination in a Social Security Case?

What is a Consultative Examination in a Social Security Case? A: If your medical records don’t document your disability, a Social Security Disability examiner may schedule you for what is called a consultative exam (CE). A consultative exam is an evaluation by a physician or psychologist, picked by Social Security to assist them in assessing your medical condition and functional limitations. If you have your own primary care doctor, it is probably better to ask Social Security to designate your doctor as the consultative exam. If you don’t have a doctor or your doctor will not cooperate or the medical records simply don’t...

15 November

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Surveillance Film and Long Term Disability Fibromyalgia Claims

Posted by Nancy Cavey

in Fibromyalgia Disability Claims

Ms. Holer, who was insured by Hartford Life, filed a long term disability claim, based on the diagnosis of fibromyalgia, thoracic outlet syndrome and low back pain. She was initially approved by Hartford, but they placed surveillance on her, in an effort to terminate her benefits. The surveillance video showed her outside her house before she went to a work evaluation scheduled by Hartford, outside a shopping mall after the evaluation appointment and outside her house after the evaluation. The Judge in Holer vs. Hartford Life Insurance Company, 2010 US District Lexus 88765 (S.D. Ohio August 27, 2010) found that Harford’s decision...

15 November

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If You Don’t Understand the ERISA Regulations Requiring the Disability Carrier to Make a Timely Decision On Your Claim, You’ll Hate Yourself!

Posted by Nancy Cavey

in Long Term Disability

If your short or long term disability claim is ERISA claim covered by federal law, the ERISA regulations provide, that “in the case of a plaintiff disability benefits, the plan administrators shall notify the claimant… of the claimant’s adverse benefit determination within a reasonable period of time, but no later 45 days after the receipt of the claim by the plan. This period may be extended by the plan for up to 30 days, provided that plan administrator both determines that such an extension is necessary that it matters in the control of plan and notifies the claimant prior the...

08 November

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TRICARE and Your Social Security Disability Benefits | Tampa SSD Lawyer

Posted by Nancy Cavey

in Insurance Carriers

What: TRICARE Did you know that people who qualify for Social Security Disability benefits are entitled to Medicare only after they receive Social Security Disability benefits for twenty-four consecutive months? Until you become entitled to Medicare, either as a result of being found entitled to Social Security Disability benefits or reaching age 65, your TRICARE is not impacted. If you enroll in Medicare: Part B it will be a primary. You will have to file your claim with TRICARE first. For more information or help with your claim for Social Security Disability benefits in the Tampa Bay area of Florida, contact us today....

08 November

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UNUM’s Use of “Independent Medical Examiners” | UNUM Disability Claim Lawyer Florida

Posted by Nancy Cavey

in Insurance Carriers

What: UNUM Article by Jane Lundy In an interesting article by Jane Lundy on October 28, 2009, Jane outlines the gains that Long Term Disability carriers, such a UNUM play, by using “independent examiners.” Independent doesn’t means independent, it means a doctor who, for whatever a reason, needs to make money to supplement their income and becomes a hired gun for Long Term Disability insurance companies like UNUM. If you are being scheduled for an Independent Medical Evaluation in your Long Term Disability claim, you need to immediately call and experienced Long Term Disability and ERISA attorney who can assist you in...

08 November

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Hartford Reinstates Taco Chip Man | Good Morning America Report | Disability Claim

Posted by Nancy Cavey

in Insurance Carriers

In a report by Good Morning America, Jack "Rocky" Whitten -- who suffers pain and memory loss as a result of a broken neck -- says his disability insurance payments from The Hartford were terminated in part because the company caught him on video eating a taco chip. This was a story worth getting people's attention in the world of disability. Hartford was quick to respond when Good Morning America got involved....

08 November

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Your Florida Supplemental Wage Loss Benefits Can’t be Reduced by Your Post Injury Pension | Bradenton Pension Disability Claims Attorney

Posted by Nancy Cavey

in Florida City and State Pension Disability Claims

If an injured Florida worker has a permanent impairment rating of at least 20% after having reached maximum medical improvement, the worker might be entitled to Florida worker's compensation supplemental wage loss benefits. That worker may also be entitled to Florida city and state pension disability benefits and workers' compensation benefits at the same time. How do these benefits interact and can your workers compensation benefits be reduced? Florida permanent impairment or supplemental wage loss benefits are very valuable money benefits and, depending on your average weekly wage and compensation rate, could be in excess of $50,000. The City of Miami Beach...

08 November

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Chapter 440 First Responder Workers Compensation Benefits Rights

Posted by Nancy Cavey

in Florida City and State Pension Disability Claims

Chapter 440 has a section that deals with the authorization of medical care found in section 440.13. At various times Chapter 440 has required an employer/carrier to offer First Responders a list of least three physicians from which to select when there has been a request for a one time change of physician. This statute is honored by a number of changes and, currently, the statute does not require that the employer offer a choice of providers. Once the Employer/Carrier offers an appointment with a physician you have the obligation to accept care and treatment from an authorized physician before you can...

08 November

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The Truth about the US Economy and its Impact on Long Term Disability Claims

Posted by Nancy Cavey

in Long Term Disability

In Hartford's 2010 Benefit Landscape Study, Long Gendreau, Executive Vice President of the Hartford Group Benefits, explained that the number of employees in the United States with "short term disability insurance rose from 41% in 2009 to 55% in 2010" the percentage of American workers with "long term disability insurance increased from 36% in 2009 to 47% in 2010". Income production is key to protecting your financial well-being. Nancy Cavey, Florida individual policy attorney, recommends that if you are considering the purchase of a long term disability policy, that you purchase your own personal individual disability policy as opposed to a grouped...

Author: Nancy Cavey