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Author: Nancy Cavey

CaveyLaw.com > Articles posted by Nancy Cavey (Page 7)

Reliance’s Structural Conflict of Interest Results In Reversal of District Court Order

Reliance Short Term Disability Claims

It’s not uncommon for disability insurance companies, like Reliance, to be responsible for both paying benefits and administrator during the claims process. That’s a conflict! Disability carriers routinely have provisions in the policy that provides them with the discretion to interpret the terms of the policy and make a determination of entitlement to benefits. To overcome that denial, the policy holder has to show an abuse of discretion. The Abuse of Discretion Standard While the fact that disability insurance companies, like Reliance, are responsible for paying benefits and administering the claims process, it won’t alter the standard of review. However, depending on what...

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The Four Differences Between Group Disability Policies and Individual Disability Policies You Shouldn’t Ignore

Four-Differences-Between-Group-Disability-Policies-and-Individual-Disability-Policies

You may have purchased a disability insurance policy hoping that you would never need to use that policy. Do you know the differences between a group disability policy and an individual disability policy? You owe it to yourself and your family to know the difference before you become disabled so your family can purchase more insurance or different insurance. What You Need To Know About Group Disability Insurance Unfortunately, group disability benefits are typically inferior to an individual disability policy because they provide less in the way of benefits, are limited in coverage and will have offsets for other income such as...

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Worker’s Compensation Insurance Rates Are On The Decline!

workers comp insurance claim rates Florida

Did you know that Worker’s Compensation insurance renewal rates across the United States have been in decline for over 17 quarters? According to an article by Jim Thompson published in the Worker’s Compensation Institute, entitled Worldwide: Worker’s Comp Insurance Rates on the Decline, not only has there been a worldwide decline in renewal rates across all lines or property, casualty and professional insurance products, this has been going on for over 17 quarters or some 3 years! It’s been suggested that the decline in worker’s comp provider rates is a result of a “feeding frenzy” among insurers in the worker’s compensation...

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You’ll Hate Yourself If You Don’t Learn What The Social Security Administration SSA Wants To Know In Your Initial Application

Making the decision to file for Social Security disability benefits is tough. Now that you’ve made that difficult decision, you can apply for benefits online, on the phone or in person. But, before you apply you need to be prepared. What Are The Four Things The SSA Wants To Know? There’s no doubt that the initial application process is a pain. However, you should take the time to gather the following information: (1) A list of all the doctors who treated you for any disabling condition including their address, phone numbers, and date of treatment. The Social Security Administration will request your medical...

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How Long Term Disability Carriers Use the Mental Nervous Limitation Provisions Against Policy Holders To Limit Benefits

Mental Nervous Limitation Provisions Disability Claims

Many disability policies limit the payment of disability insurance benefits if the policy holder has a psychiatric condition. The key to understanding the Mental Nervous exclusion turns to the language in the policy. Unfortunately, there is no uniform policy language. For example, policies can provide for a: (1) mental illness exclusion based on “caused by or contributed to” language, (2) mental illness exclusion based on a disability based solely on a mental illness. These are completely two different types of mental illness exclusion provisions. The more problematic one is the mental exclusion that uses the “caused by or contributed to” language. Why Is That? For...

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What Are My Chances For Being Approved For Social Security Disability Benefits If I’ve Had Multiple Back Surgeries?

Social Security Disability Benefits Multiple Back Surgeries

I’ve had a herniated disc and back surgery! I know all too well how difficult it can be to work after you’ve had back surgery. While the Social Security Administration doesn’t make it easy for those who have had back surgery, benefits can be awarded. The Social Security Administration will use a 5 Step Sequential Evaluation to determine your eligibility for benefits. What Is The 5 Step Sequential Evaluation? This is a test used in all phases at the Social Security Disability claim from the initial application, request for reconsideration and even at a hearing in front of an Administrative Law Judge. Step 1:...

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What Every Long Term Disability Policy Holder Should Do If Their Claim For Cognitive Disorder Has Been Denied Based On A Neuropsychological Report

cognitive problems disability claims

Unfortunately, long term disability carriers don’t make it easy for those with cognitive dysfunction to get the disability benefits they deserve or to stay on claim. One of the tactics that disability carriers routinely use is to claim that the cognitive problems are really just the manifestation of underlying psychiatric conditions. As a result, a policy holder’s benefits will be limited to just 2 years. To bolster this defense, they’ll have an “independent” medical evaluation by a “liar for hire” neuropsychologist who’s job it is to give the disability carrier ammunition to deny the claim. That’s particularly true because cognitive problems...

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The Social Security Administration’s Secret About How Long You Have To Work Before You Can Be Eligible For Social Security Disability Benefits

Age for Social Security Disability

As a requirement for becoming insured for Social Security Disability purposed you have to have worked a certain number of quarters in a certain period of time to be insured. Why Is My Age Important For Social Security Disability? The number of years you have to have worked to become insured depends on your age. Here are the number of years of work that are required to be eligible for Social Security Disability: Disabled Age: Number of Years of Worked Before 28 1.5 Before 30 2 Before 34 3 Before 38 4 Before 42 5 Before 44 5.5 Before 46 6 Before 48 6.5 Before 50 7 Before 52 7.5 Before 54 8 Before 56 8.5 Before 58 9 Before 60 9.5   Isn’t this complicated? It gets worse! You have to have worked...

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What Every Florida Teacher Needs To Know About Filing For Social Security Disability Benefits

Teacher Social Security Disability Claims

Teachers work long and hard hours. I’m married to a teacher and I know how hard my husband works during the school year. In the course of my Social Security Disability practice, I’ve found that Social Security Judges are sympathetic to Social Security Disability applications filed by teachers. Don’t Make A Mistake In Your Social Security Disability Application It’s crucial that you don’t make a mistake when filing for Social Security Disability benefits if your doctor told you that you can no longer teach. However, the Social Security Administration uses a 5 step sequential evaluation in evaluating every social security disability claim (link)....

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