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Author: Nancy Cavey

CaveyLaw.com > Articles posted by Nancy Cavey (Page 8)

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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Why Your Work History Can Make All The Difference In Getting Your Social Security Disability Benefits

work history social security disability benefits

Social Security Judges see hundreds of cases each year and hear the same story over and over. When filing a Social Security disability claim it’s crucial that you explain the following: (1) your work history, (2) evidence of work attempts. What’s So Important About Work History? The Social Security Administration and a Judge is more likely to believe someone who has a long work history. For example, if you have been a teacher for over 20 years and have difficulty as a result of a back injury, the SSA will more likely find that someone with a long work history isn’t likely to stop...

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Symptoms Long Term Disability Carriers Expect To See In A Policy Holder’s Medical Records With Lyme Disease

Lyme Disease Long Term Disability Claims Attorney

Chronic Lyme disease patients can have a long hard fight to get the disability benefits they deserve. Those with Lyme disease have many debilitating symptoms including severe: fatigue, anxiety, headaches, and joint pain. It’s a complex disease that s difficult to diagnose. Reliable diagnostic studies aren’t available and disability carriers always look for a formal diagnosis of Lyme disease based on the tell tale signs of Lyme disease: (1) the discovery of a tick on the skin, (2) a bulls-eye’s patter rash, and (3) and possible joint pain. However,  according to the International Lyme and Associated Disease Society, ILADS, points out that only “50-60% of...

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Can I Get Social Security Disability Benefits for Chronic Heart Failure?

Chronic Heart Failure Social Security

Yes! The Social Security Administration (SSA) uses a Five Step Sequential Evaluation in determining an applicant’s entitlement to Social Security Disability benefits. At Step 3 of the Five Step Sequential Evaluation, the SSA will review your medical records to determine if you have a Listing level impairment for chronic heart failure. The SSA has specific evidentiary requirements that must be met to establish that you’ve met a Listing level impairment. Your medical records must document an abnormal cardiac imagining that shows “objective measures of left ventricular function and structural abnormality in the heart.” §4.00(D)(2) You must also demonstrate that your heart condition...

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This Is What Happens When A ERISA Disability Policy Holder Is Left High and Dry

ERISA Disability Claim Appeals

You purchase a long term disability policy to provide you with peace of mind if you became sick, injured or disabled. Unfortunately, long term disability carriers don’t make it easy for the disability policyholders to get the disability benefits they deserve. Understanding The Disability Insurance Claims Process There are 4 possible scenarios in the claims process. Be sick, injured or disabled people but haven’t yet filed a claim; Applied for benefits and are waiting for a decision of coverage; Been denied in the appeal process stage or; You exhausted the right to appeal the claims denial. Sick, Injured Or Disabled But Not Yet Filed...

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What Prostate Cancer Sufferers Need To Know About Their Long Term Disability Policy

[vc_row][vc_column][vc_column_text]Prostate cancer is the most common non-skin cancer and the second leading cancer death in the United States. Unfortunately, many prostate cancers grow slowly and do not cause any symptoms in men that have it. IF you’ve been diagnosed with prostate cancer and have a disability policy, there are some things you need to know before you stop working and apply for benefits. Make Sure Your Medical Records Document Your Symptoms. Men can have different symptoms with Prostate cancer which can include: difficulty urinating, frequent urination, brief or interrupted flow, or blood in the urine or semen. The need to urinate frequently can...

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