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Author: Nancy Cavey

CaveyLaw.com > Articles posted by Nancy Cavey (Page 74)

UNUM’s Use of “Independent Medical Examiners” | UNUM Disability Claim Lawyer Florida

What: UNUM Article by Jane Lundy In an interesting article by Jane Lundy on October 28, 2009, Jane outlines the gains that Long Term Disability carriers, such a UNUM play, by using “independent examiners.” Independent doesn’t means independent, it means a doctor who, for whatever a reason, needs to make money to supplement their income and becomes a hired gun for Long Term Disability insurance companies like UNUM. If you are being scheduled for an Independent Medical Evaluation in your Long Term Disability claim, you need to immediately call and experienced Long Term Disability and ERISA attorney who can assist you in...

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Hartford Reinstates Taco Chip Man | Good Morning America Report | Disability Claim

In a report by Good Morning America, Jack "Rocky" Whitten -- who suffers pain and memory loss as a result of a broken neck -- says his disability insurance payments from The Hartford were terminated in part because the company caught him on video eating a taco chip. This was a story worth getting people's attention in the world of disability. Hartford was quick to respond when Good Morning America got involved....

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Your Florida Supplemental Wage Loss Benefits Can’t be Reduced by Your Post Injury Pension | Bradenton Pension Disability Claims Attorney

If an injured Florida worker has a permanent impairment rating of at least 20% after having reached maximum medical improvement, the worker might be entitled to Florida worker's compensation supplemental wage loss benefits. That worker may also be entitled to Florida city and state pension disability benefits and workers' compensation benefits at the same time. How do these benefits interact and can your workers compensation benefits be reduced? Florida permanent impairment or supplemental wage loss benefits are very valuable money benefits and, depending on your average weekly wage and compensation rate, could be in excess of $50,000. The City of Miami Beach...

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Chapter 440 First Responder Workers Compensation Benefits Rights

Chapter 440 has a section that deals with the authorization of medical care found in section 440.13. At various times Chapter 440 has required an employer/carrier to offer First Responders a list of least three physicians from which to select when there has been a request for a one time change of physician. This statute is honored by a number of changes and, currently, the statute does not require that the employer offer a choice of providers. Once the Employer/Carrier offers an appointment with a physician you have the obligation to accept care and treatment from an authorized physician before you can...

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The Truth about the US Economy and its Impact on Long Term Disability Claims

In Hartford's 2010 Benefit Landscape Study, Long Gendreau, Executive Vice President of the Hartford Group Benefits, explained that the number of employees in the United States with "short term disability insurance rose from 41% in 2009 to 55% in 2010" the percentage of American workers with "long term disability insurance increased from 36% in 2009 to 47% in 2010". Income production is key to protecting your financial well-being. Nancy Cavey, Florida individual policy attorney, recommends that if you are considering the purchase of a long term disability policy, that you purchase your own personal individual disability policy as opposed to a grouped...

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The Truth About Long Term Disability Carriers Attending Physician Forms

All long term disability carriers will have your physician complete what called an attending physician form. Unfortunately, there are no uniform forms. AETNA, for example, asked doctors to comment on activities of daily living driving, lifting, pulling and pushing. In Helms vs. Gerald Dynamics Corp, 2007 US.app.Lexus 4534 (11th Circuit February 7th, 2007) in a published decision, the 11th circuit held that AETNA "unreasonably construed what qualified as restrictions and limitations", ignoring the opinions of the treating physician which established the extensive restrictions and limitations and which were greater than AETNA's own attending physician form. Initially, AETNA concluded that the claimant had...

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The Dirty Little Secret that Hartford Doesn’t Want you to Know about Juan Mendez, Dr. Mark Burns and Dr. Michael Ratter

Long term disability carriers, like Hartford Life Insurance Company routinely see claims like fibromyalgia syndrome which cause persistent and debilitating pain. For example, in Klehforf vs. Hartford Life and Accident insurance Company, 201.WL.260066018 (N.D. Ind., June 22, 2010), Mr. Klehforf was employed as Vice President and Senior Fiduciary Officer at JP Morgan Chase from 1976 until September 2007. Unfortunately Mr. Klehforf, had suffered from fibromyalgia and was unable to continue to work at Chase. Hartford review the medical evidence and concluded, mysteriously, that the “medical evidence didn’t support” the claim. This, of course is a common Hartford defense and one that...

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The Truth about ETNA’s Claim Handling of Spinal Injuries | St. Petersburg Disability Attorney

Long term disability carriers, like ETNA Life Insurance Company are in the business of collecting premium and notInsurance Carriers Like Etna Claim Handling paying benefits. In the case of Capone vs. ETNA Life Insurance Company, 22 Florida Law Weekly Fed C368 cited as 592f3d1189 (11th Circuit 2010), Mr. Capone sustained an injury to his spine when he dove head first into the ocean after witnessing others doing so. ETNA denied the claim on the basis that “alcohol had necessarily caused or contributed to the employees injury”. In the great decision, the 11th Circuit took ETNA to task for the policy language...

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Is Your Financial Future as an Orthopedic Surgeon Vulnerable because You Don’t Understand the Terms of Your Northwest Mutual Long Term Disability Policy?

Here’s a rhetorical question. When is orthopedic surgery not automatically considered an occupation on your long term disability policy? That’s an important question to know the answer to because you might be jeopardizing you rights to long term disability benefits if you become disabled. Some long term disability carriers, like Northwestern Mutual may deny long term disability claims on the fact that “surgery is not a substantial or material duty of your occupation as an orthopedic surgeon” by looking at the number of surgeries or percentage of income you generate from surgeries. Companies like Northwest will say that your occupation is not...

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If You Don’t Understand the Games Employers are Playing in Managing Short Term Disability Claims, You’ll Hate Yourself Later

Short term disability attorney Nancy Cavey is seeing employers for short term disability cases is to limit the eligibility periods to as short as thirteen weeks, or more commonly, terminating short term benefits before full recovery. In the last six months Nancy Cavey has seen the termination of benefits before full recovery either causing a premature forced return to work or a delay in obtaining long term disability benefits. In some instances this may be a strategy designed to make absent employees to seek employment elsewhere or join unemployment. If your short term disability claim is being delay or denied contact short...

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