No. 11 – Can I refuse to attend a neuropsychological exam at a long-term disability carrier?

If a long-term disability carrier is scheduling you for a neuropsychological exam, I strongly suggest that you contact an attorney like Nancy Cavey immediately! Nancy Cavey is familiar with the neuropsychologists routinely used by long-term disability carriers. We won't ever refuse an exam, but there are a number of things that can be done to protect your interests. These include: (1) obtaining your own neuropsychological exam before attending the long-term disability carrier's neuropsychological exam; (2) videotaping the independent medical examination; (3) limit the carrier's neuropsychological review to the raw data of your examination. To discuss...

01 November

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No. 10 – The seven things long-term disability policyholders should do.

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No. 10 - The seven things long-term disability policyholders should do. Nancy Cavey, Hillsboro and Pinelas Counties disability insurance company lawyer, suggests that longer-term disability applicants call and: (1) get a copy of their policy; (2) read the policy and the directions for filing their claim and follow every step; (3) make a copy of everything you send to the disability carrier; (4) send everything to the long-term disability carrier with return receipt request to prove that you sent the material; (5) if you speak with the adjuster, which Nancy Cavey does not suggest you do, document every telephone conversation; (6)...

01 November

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No. 9 – Has your claim for long-term disability benefits been denied on the basis that you haven’t been putting forth your best efforts?

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No. 9 - Has your claim for long-term disability benefits been denied on the basis that you haven't been putting forth your best efforts? Long-term disability carriers routinely hire companies such as the Reid Group, to review long-term disability claims. Unfortunately, the Reid Group will use, as a basis for denying claims, an allegation that a psychiatrically disabled person hasn't put forth their best efforts in neuropsychological testing based on tests of memory validity. The Reid Group will conclude that you haven't been "cooperating" under the terms of the plan. If your claim for long-term ...

01 November

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No. 8 – Psychological disability and long-term disability claims

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No. 8 - Psychological disability and long-term disability claims Unfortunately, long-term disability carriers routinely use companies such as PSY BAR to review long-term disability/ERISA claims involving psychiatric conditions. I recently reviewed PSY BAR's website and noted that they offer online courses to adjusters and IME doctors. One of the courses, "Psychological and Psychiatric Assessment of Individuals for Disability Insurers," actually teaches "independent medical doctors" what the long-term disability insurance company's expectations are and how to meet those expectations in an ethical manner. Interestingly enough, this course identifies what PSY BAR believes to be "common IME errors": ERROR...

01 November

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No. 7 – The long-term disability carrier is denying my benefits because my physician won’t respond to their request for information. What should I do?

Posted by Nancy Cavey

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No. 7 - The long-term disability carrier is denying my benefits because my physician won't respond to their request for information. What should I do? The long-term disability carrier should not be contacting your treating physician without letting you know. In a 9th Circuit court case, Safon v. Wells Fargo & Company, Long-term Disability Plan, 522 F.3d 863 (9th Cir. 2008), the court held that direct contact with a treating physician was a direct violation of the ERISA fiduciary duty. This court also held that Met Life and Wells Fargo violated ERISA by attempting to use...

Author: Nancy Cavey