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

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...

01 November

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No. 6 – The Long-term Disability Carrier is trying to talk with my treating physician behind my back. What should I do?

Posted by Nancy Cavey

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No. 6 - The Long-term Disability Carrier is trying to talk with my treating physician behind my back. What should I do? Unfortunately, it's not uncommon for the long-term disability insurance company to use the medical release which you signed to communicate directly with your treating physicians without notice to you. They will also tell your treating physician their version of your medical condition and your policy terms in an attempt to get the physician to release you to some form of employment. In the case of Safon v. Wells Fargo & Company, Long-term Disability Plan,...

01 November

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No. 5 – What every medical professional needs to know about ERISA

Posted by Nancy Cavey

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No. 5 - What every medical professional needs to know about ERISA It is important that medical professionals understand their long-term disability policy so they can prevent the disaster of being disabled and being unable to recover the benefits they deserve. Did you know that there are three types of disability policies? Do you know which kind you have? The first is an individual disability policy, which you may have purchased directly from a carrier and which provides you long-term disability benefits in the event of sickness or injury. Do you know that there are two types of...

01 November

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No. 4 – The 2008 economy and the payment of long-term disability benefits.

Posted by Nancy Cavey

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No. 4 - The 2008 economy and the payment of long-term disability benefits. At the Law Office of Nancy L. Cavey we are seeing a "slow pace strategy" by long-term disability carriers. We have found that carriers aren't "receiving paperwork," asking for the same information over and over, suggesting that they need information, indicating that there is a delay in getting information from physicians. These are all delay tactics that the carriers are using to delay payment to you. With stock prices down and a lack of investment income earnings, disability insurance companies are taking longer to determine disability claims and to...

Author: Nancy Cavey