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Author: Nancy Cavey

CaveyLaw.com > Articles posted by Nancy Cavey (Page 71)

Learn How Easy the Long Term Disability Mediation Process is with My Help

If you file a long term disability lawsuit in federal court, a federal judge will order you to attend what is called a mediation. A mediation is a crucial step in every long term disability claim because it is an opportunity for you and the long term disability insurance company to meet face to face to discuss your long term disability claim. In mediation, a neutral third party, called a mediator, will be in charge of this discussion. It is important that you remember that the mediator isn’t a judge and can’t make the parties do anything. However, the mediator’s real job is to...

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How often does the Social Security Administration review Social Security Disability awards to HIV patients?

How often does the Social Security Administration review Social Security Disability awards to HIV patients? Answer: Modern day anti-retroviral (ARV) therapy, can offer improve the health of HIV positive Americans. Since there is clinical improvement over a period of one to two years. The Social Security Administration appears to be reevaluating Social Security Disability recipients with HIV every three years to determine if there has been any improvement in their condition....

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You May Be Entitled to Social Security Disability Benefits if You Have Suffered a Stroke

Did you know that stroke is one of the leading causes of long term disability in the United States? Nearly one quarter of strokes occur in people under that age of 65, and surprisingly 55,000 more women a year than men have a stroke. This risk is increased in women over 30 who smoke and take high estrogen oral contraceptives. If you have suffered a stroke, you may be entitled to Social Security Disability benefits. To learn about the Social Security Disability claims process, you can order a complimentary copy of Your Rights to Social Security Disability Benefits. Strokes can happen to...

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Is the Social Security Administration going to revise the HIV disability requirements?

Is the Social Security Administration going to revise the HIV disability requirements? Are they going to revise it? We hope so! The Social Security Administration asked the Institute of Medicine (IOM) to review the criteria the Social Security Administration uses to evaluated HIV related Social Security Disability claims. IOM in a report, issued on September 20, 2010 says that HIV infection listings establish in 1993 are outdated and should be revised. IOM has made recommendations, which are currently be considered by the Social Security Disability Administration....

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The Institute of Medicine Recommends New Criteria for Social Security HIV Requirements Based on CD4 Cell Count

At the request of the Social Security Administration, the Institute of Medicine (IOM) has evaluated the criteria used by the US Social Security Administration. There is concern that the HIV infection listings established in 1993 are out of date. IOM agrees that the Social Security Disability criteria is outdated. The IOM is now recommending the following criteria to qualify for disability benefits: 1. A CD4 cell count at or below 50 cells per cubic milliliters of blood serum, a laboratory benchmark that indicates an advanced stage of illness. 2. One of the few rare but fairly severe disabling HIV associated conditions, such as...

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Institute of Medicine Recommends Revised Social Security HIV Disability Requirements

On September 28, 2010, the Institute of Medicine (IOM), issued a report that says that the HIV related disability criteria used by the Social Security Administration is outdated. It recommends that the HIV disability criteria include qualifications based on CD4 cell counts and consider non-AIDS related complications such as neurocogntive impairments, chronic kidney disease, osteoporosis and treatment associated side effects. The Social Security Administration is taking these recommendations under consideration....

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If You Do Not Understand Your Rights to Long Term Disability Benefits as a Result of AIDS, You’ll Hate Yourself Later

If you have been diagnosed with AIDS or certain non-AIDS related complications and you have a long term disability policy, you may be entitled to disability benefits. After all, you purchased the disability policy to provide you with peace of mind if you became unable to work for any reason. Many long term disability carriers are unsympathetic to AIDS patients and will routinely site to CD4 cell recovery as the equivalent of the ability to return to work. Unfortunately, long term disability carriers also routinely ignore complications seen among AIDS patients receiving ARV therapy such as neurocogntive impairments, chronic kidney diseases,...

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State Denies First Responders Claim Alleging that his Pre-Employment Blood Pressure Readings were Abnormal

One of the common defenses that employer/carriers commonly use in first responder claims is that the first responder didn’t pass the pre-employment physical. In the case versus Forester vs. Florida Highway Patrol, Investigator Forester had a pre-employment physical on October 19, 1993 that should blood pressure of 154/70, years after the fact, the state’s expert cardiologist, Dr. Talit testified that this was evidence of hypertension, while the claimants expert Dr. Sivasinkarne testified that a single blood pressure reading it’s evidence of hypertension. Judge Murphy rejected the argument that Investigator Foresters’ pre-employment blood pressure reading was abnormal and awarded workers’ compensation...

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The Long Term Disability Carrier asked me where I filled my Prescriptions, why?

FAQ:  The Long Term Disability Carrier asked me where I filled my Prescriptions, why? Answer: Great question! Long term disability carriers have access to investigators who will canvass pharmacies near your home to determine whether or not you are getting your prescriptions filled and, what prescriptions are getting filled. Since you’ve signed a medical release they’ll use your release to get that information. At Cavey and Barrett, we restrict our clients signature on medical releases to prevent just this kind of abuse....

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