08 November

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Fibromyalgia and Your Long Term Disability Claim

Over 6 million Americans suffer from Fibromyalgia in the United States. Unfortunately, Long Term Disability carriers treat Fibromyalgia as a made up condition and routinely deny claims for Long Term Disability benefits for Fibromyalgia. Nancy Cavey, Florida Fibromyalgia Long Term Disability claims denied attorney, suggests that it is important that you keep a Fibromyalgia diary. It should have three parts: 1. Symptoms 2. Impact on your life 3. Typical daily activities People who have Fibromyalgia have tenderness throughout their body, a flu like aching, fatigue, sleep issues, and have side effects from the medication. Nancy Cavey, Fibromyalgia...

02 November

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Long Term Disability Benefits and Lyme Disease

Posted by Nancy Cavey

in Long Term Disability

Did you know that Lyme Disease is one of the fastest growing infectious diseases in the United States? Lyme Disease results when an infected tick bites you and the borrelia burgdorferi bacteria are transmitted into your blood stream. This bacteria finds its way through the joints and the connective tissue to the heart, spine, brain and other areas. This bacteria can trigger a strong, inflammatory immune response that leads to swelling and pain in the joints, irregular heart beat or an irritation of the membranes that surround the central nervous system leading to stiff neck, headache, paralysis of the face, muscles,...

02 November

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Federal Judge Allows Deposition in Standard Insurance Company Claim’s Denial of Disabled Attorney

Posted by Nancy Cavey

in Long Term Disability

Congratulations to David Bryant and Megan Galor, disability attorney’s who represent J. Kevin Garvey in his Long Term Disability claim against his former employer Piper Rudnick and their Long Term Disability carrier Standard Insurance Company. They’ve won a great decision in federal court, where the judge allowed them to take the deposition of Standard Insurance company representatives to learn more about Standards conflict of interest in denying Attorney Garvey his Long Term Disability benefits. District court Judge Lefkowitz carefully considered the new Supreme Court decision in Metropolitan Life v. Glenn 128 Supreme Court 2343 (2008) and how that decision impacted the ability...

02 November

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Vocational Mistakes Long Term Disability Carriers Use to Deny Your Long Term Disability Benefits/ Sarasota Long Term Disability Benefit Lawyer Nancy Cavey

Posted by Nancy Cavey

in Long Term Disability

Long Term Disability carriers will routinely use a vocational assessment to determine your residual functional capacity and the skills, interests, aptitudes you have so that they can determine whether you are capable of going back to your past work or other work available in the national economy. One of the many errors that Long Term Disability carrier’s vocational evaluators will use is to cherry pick your doctor’s report about your physical and mental impairments. They will pick out those restrictions and limitations which indicate that you are capable of sedentary work. They will also fail to consider important medical or...

02 November

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UNUM Paul Revere Long Term Disability Policy Denials – Shifting the Burden Of Claims Investigation

Posted by Nancy Cavey

in Long Term Disability

The Ninth Circuit in Hangarter v. Provident Life An Accident Insurance Company, 373f.3d998, 1014 (9th Circuit 2004) entered a skating decision summarizing the extensive evidence that had been developed in a jury trial that resulted in the punitive verdict of over $10 million against UNUM Provident and Paul Revere based on a claims handling. It was confirmed during this case that UNUM Provident and Paul Revere had a practice of shifting the burden of “claim’s investigation to the insured.” A Long Term Disability carrier should be conducting a reasonable investigation of all the relevant information in a Long Term...

02 November

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UNUM and Paul Revere Use Targets and Goals For Claim’s Denial/ UNUM Provident Paul Revere Long Term Disability Denied Attorney

Posted by Nancy Cavey

in Long Term Disability

UNUM Provident and Paul Revere have been found guilty of setting targets and goals for claim’s terminations to include the profitability of UNUM and Paul Revere without respect to whether or not that Long Term Disability policy holder is rightfully due their benefits. In the case of Hangarter v. Provident Life An Accident Insurance Company, 373f.3d998, 1014 (9th Circuit 2004) and more recently in the case Merick v. Paul Revere Life and UNUM Provident, 2008 US District Lexis 106976 (November 17, 2008), both companies have been found guilty of: 1. Establishing targets and goals to terminate Long Term Disability claims. ...

02 November

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Long Term Disability Carrier’s Letters to Your Treating Physicians

Posted by Nancy Cavey

in Long Term Disability

Despite the fact that that your doctor has written a brilliant letter supporting your claim for disability, the carriers just can’t leave well enough alone, they want to change your doctor’s opinion by having a conversation with the doctor or having them write supplementary reports. Unfortunately, it is not uncommon for Long Term Disability carriers to hire a peer review doctor to have a conversation with your doctor ostensibly to “clarify” as a peer. More often then not their peer review doctor will miss-state what your treating physician had to say and then a letter will be sent to your doctor...

02 November

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Doctor’s Paid to Help Long Term Disability Carriers with Their Claim’s Denials

Posted by Nancy Cavey

in Long Term Disability

The Long Term Disability insurance company has an army of doctors to write disability reports saying that you are capable of working at least a sedentary position and these opinions carry more weight in court than even the opinion of a treating physician. Long Term Disability peer review doctors aren’t required to see you. They simply review the medical records sent to them by the Long Term Disability insurance company and render an opinion about your level of physical functioning. If the peer review doctor, who can be paid millions over years, writes that you are capable of at least working in...

02 November

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Long Term Disability and the Receipt of Social Security Benefits

Posted by Nancy Cavey

in Long Term Disability

If you’ve purchased your Long Term Disability policy through your employer you will most likely find: 1. Any Social Security Disability benefits received will be subtracted from your Long Term Disability benefits and, 2. You have you “repay” the Long Term Disability carrier any lump sum that you’ve received for past-due Social Security Disability benefits. How does this work? Let’s say that you have applied for and received Long Term Disability benefits in the amount of $2500 per month....

02 November

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Disability Policies and the Term “Occupation”

Posted by Nancy Cavey

in Long Term Disability

Let me give you an example, pull out your disability policy and take a close look at it. Does it define “occupation”? Does the “occupation” refer to only the job you held at the time your disabled? Does it mean the “inability to engage in your occupation” at the time of your disabling condition? Or should it be interpreted to include any work requiring similar skills or producing a similar end point? This very issue was raised in the case of Berkshire Life Insurance Co vs. Bruce Adelberg, in a private disability policy which was heard by the Supreme Court of...

Author: Nancy Cavey