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Author: Nancy Cavey

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

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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Why An Unsuccessful Work Attempt Could Help Your Social Security Disability Case

Unsuccessful Work Attempt Social Security Claim

It’s not uncommon for Social Security Disability applicants who attempt to return to work while waiting to get their Social Security Disability hearing. An unsuccessful work attempt can actually help your disability claim. What Is An Unsuccessful Work Attempt? If you attempt to return to work and are unsuccessful you have to wait at least 30 days prior to your next attempt in employment. Your medical records should document not only why you left your initial job but any other job you attempted to do. Of course, the reason why the work attempt was unsuccessful should be related to the medical conditions...

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White House Budget Director Mick Mulvaney Needs Crash Course In The Facts About Social Security Disability

Social Security Mick Mulvaney

White House Budget Director Mick Mulvaney claims that Social Security Disability benefits are “very wasteful” according to an article in the Washington Post. They’re not interested in real facts behind the real increase in the number of American’s collecting Social Security Disability benefits. He complains that the Social Security Disability programs have grown tremendously under the Obama administration. What Are The Real Facts About Social Security? 9.3 million Americans were collecting Social Security Disability benefits prior to the election of President Obama. Some 8 years later the Social Security disability rolls have grown to 10.6 million Americans. However, what Mulvaney doesn’t understand is that...

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Can I Collect Workers’ Compensation and Social Security Benefits At The Same Time?

Workers’ Compensation Offset Settlement Attorney Florida

If you’ve been injured on the job many Workers’ Compensation statutes require that you apply for Social Security Disability benefits, particularly if you are claiming you are permanently totally disabled. Workers’ Compensation laws will allow you to collect both Workers’ Compensation and Social Security benefits, there is a cap in the amount of benefits you can collect. There is a Federal law that limits the two combined benefits to no more than 80% of your average monthly wage. This can be a complicated math calculation. Who Has The Right To An Offset? Some states even allow for a “reverse offset” that means that...

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How A Long Term Disability Claimant Can Prove Cognitive Dysfunction In Their Long Term Disability Claim

Cognitive Dysfunction Long Term Disability Claims

It’s not uncommon for cognitive problems to be caused by: Dementia Traumatic Brain Injury Brain tumors Multiple Sclerosis Acquired Immune Deficiency (AID) HIV associated Dementia (HAD) Stroke Cancer Related Fatigue Huntington’s Disease Parkinson’s Disease. Unfortunately, long term disability carriers don’t make it easy for those with cognitive dysfunction to get the disability benefits they deserve or, improperly, attempt to limit the policy holder’s benefits to just 24 months of benefits under the policy’s mental/nervous limitation. What Should Every Long Term Disability Policy Holder With A Cognitive Dysfunction Do? Neuropsychological testing is one way to establish disability. However, the neuropsychological testing should be only...

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