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Author: Nancy Cavey > Articles posted by Nancy Cavey (Page 65)

Your Doctor Tells You to Avoid Stress But Long Term Disability Carrier Denied Your Claim on the Basis that You Can Work: What Should You Do?

In case of Watson v. UNUM Provident, 185.fsupp.2d579 (N.D. 2002), the Long Term Disability claimant had heart disease and had suffered from cardiac arrest. His treating physician said that he was “at risk for sudden death on the job.” UNUM denied the Long Term Disability benefits and Watson appealed. According to the court “UNUM argument of a objective dispassionate review as the work for the available medical records in source of information that may support his adverse determination and to review more record evidence that might support the continuation of benefits.” Long Term Disability carriers have to consider stress as a factor...

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What Does the Phrase Regular Occupation Mean in My Long Term Disability Policy?

Many Long Term Disability policies say that you if are unable to perform your regular occupation you may be entitled to Long Term Disability benefits. But what does regular occupation mean? Regular occupation means the occupation you are in at the time that you became disabled. In Dionida v. Reliance Standard Life Insurance 50.fsupp2d.934 (N.D. CA 1999), the court held that regular occupation means “a position of the same general character as the insurers previous job, or similar duties and training requirements.” The court noted that it could be determined by “a vocational evaluation performed comparing the character of duties and...

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Is there a Good Book on Long Term Disability Policies for Florida Long Term Disability Policies Holders that You Would Recommend?

Nancy Cavey, a Long Term Disability ERISA lawyer who practices in Florida, has written two free consumer guides. Robbed of Your Peace of Mind and The Smart Long Term Disability Consumer Guide For Preparing For Your Statement and Field Visit, to help you understand terms you don’t want to see in your insurance policy and the games that Long Term Disability carriers play in denying your claim. ...

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Disability Attorney Nancy Cavey Helps Long Term Disability Insurance Claimants Understand Their Long Term Disability Claims Process

Disability insurance companies like to collect premiums but fight hard to protect their cash reserves, denying claims. Unfortunately it is not uncommon for Long Term Disability insurance companies to deny or delay a claim, which can lead to financial disasters for Long Term Disability policyholders. It is important that you understand the Long Term Disability claims process before you file a claim for Long Term Disability benefits. Disability insurance attorney Nancy Cavey suggests that before you file your Long Term Disability claim that you do the following: 1. Find your policy 2. Read the...

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Fibromyalgia and Your Long Term Disability Claim

Long Term Disability carriers, like UNUM Life Insurance Company of America, frustrate those with fibromyalgia. Fibromyalgia is in some way a self reported disease which relies on a circuit board of symptoms and a physical examination that shows tender parts of your body on examination; It is important that you look at your Long Term Disability policy to determine whether or not there are any kinds of limitations on self reported conditions or a specific exclusion for Fibromyalgia. There also may be a limit for the payment of benefits for self-reported conditions of Fibromyalgia with a maximum of 24 months...

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Do I really need a private disability insurance policy if I have a policy through work?

Yes! Many disability insurance policies provided by your employer only cover you with 60% of your salary with a maximum of $5,000 to $10,000 in benefits. These benefits can be taxable and subject to various reductions. As a result, you’ll get less than 60% of your salary. More importantly, group policies are governed under the ERISA law and most ERISA Long Term Disability carriers take an adversarial approach to paying group disability claims. Can you and your family survive on 60% or less of your current income? Probably not. I suggest that you buy a supplemental private disability insurance policy. Protecting yourself...

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Financial Pre-Planning and Your Claim for Long Term Disability Benefits

Financial pre-planning does not begin and end with the purchase of your Long Term Disability policy. That’s only the beginning! You still have to make significant plans for your financial future. If you suffer from a gradual onset disease like degenerative joint disease, Parkinson’s disease, Lou Gerick’s disease, multiple sclerosis or even Alzheimer’s, the disease process will give you the time you need to make significant work and financial decisions. There are a number of steps that you must take, sooner, and not later, in your financial pre planning. 1. Learn about the disease and how it progresses...

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Why Every Medical Professional Should Have a Disability Claims Consultation Before Filing a Claim for Long Term Disability Benefits

There are many stumbling rocks in the disability process. Before a medical professional considers filing a claim for disability benefits, there is help available. You have a difficult decision to make about whether and when to apply for disability benefits and how to maintain your practice as you move through the disability process. Disability claims advice should include the following: 1. A professional review of your disability policies, including business overhead policies, a written summary of your benefits and a potential problem errors as you move through the disability claims process. 2. An...

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Is the definition of disability important in my disability policy?

Absolutely, most physician disability policies will provide for the payment of disability benefits if you are unable to engage in your occupation. However, Long Term Disability carriers fudge on the definition of disability. You need to make sure that you understand what the term “your occupation” means. It can mean the ability to engage in the material and substantial duties of your occupation as performed in the national economy and not the inability to engage in the material and substantial duties of your occupation as performed by your employer. It is not uncommon for disability carriers to use the Dictionary of...

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Things to Consider

The Long Term Disability carrier is going to be asking you basic questions in the disability application and will most likely want to do a field interview with you. Your disability application should be reviewed by a disability attorney, and you should never give a field statement or even talk with the adjuster on the phone. These conversations are recorded and will be used against you. What Are the Basics? Last date you worked? Did you work a full day on your last day? Have you sold your practice? Who did you sell your practice too? How much? When did your condition start?...

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