Does Florida state law affect my personal private (non-ERISA) disability claim?

Does Florida state law affect my personal private (non-ERISA) disability claim? Every state, including Florida, has laws that goven personal private (non-ERISA) disability policies. In Florida, you can seek punitive damages if your disability insurance carrier handle your claim in bad faith. Florida law requires that you placed the disability carrier on notice of their bad faith and give them an opportunity to "correct" their bad claims handling before you can sue them for punitive damages. Attorney Nancy Cavey specializes in long-term disability claims and can guide you through the complex claims process. She has personal...

01 November

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Is there a “treating doctor” rule in long term disabilty/ERISA cases that says my long term disability insurance company has to accept the opinons of my doctor?

Posted by Nancy Cavey

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Is there a "treating doctor" rule in long term disabilty/ERISA cases that says my long term disability insurance company has to accept the opinons of my doctor? The United States Supreme Court has said "No!" Unlike Social Security, there is no treating doctor rule in long term disability/ERISA cases. In Black and Decker v. Nord, the court said the long term disability/ERISA carrier does not have to give greater weight to the opinions of your doctor than the insurance company doctors. That does not mean your doctor's opinion does not count. At Cavey and Barrett,...

01 November

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Is there a difference between short term and long term disability benefits?

Posted by Nancy Cavey

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Is there a difference between short term and long term disability benefits? Absolutely. It is lke the difference between night and day! Short term disability is just like it sounds. Short term disability benefits provide income replacement for a short period of time. This policy generally provides partial income replacement for about 6 months. What happens after that? If you have purchased long term disability, your may be eligible for long term disability benefits once you have been paid all the short term disability benefits that you are owed. The change from short term disability to long ...

01 November

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I paid my premium for long term disability benefits all these years. Now that I need those benefits, will the long term disability carrier pay my long term disability/ERSIA benefits?

Posted by Nancy Cavey

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I paid my premium for long term disability benefits all these years. Now that I need those benefits, will the long term disability carrier pay my long term disability/ERSIA benefits? Maybe! There are good and bad long term disability carriers. Any long term disability insurance or ERISA carrier will require you to show evidence that you have a medical condition covered by the policy and overwhelming evidence you are disabled and evidence that shows there is a connections between what is wrong with you and your inability to work. Just because your doctor says you can't...

01 November

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Will the long term disabiility/ERISA insurance company contact my co-workers, family members, or neighbors?

Posted by Nancy Cavey

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Will the long term disabiility/ERISA insurance company contact my co-workers, family members, or neighbors? Without a doubt! The disability insurance carrier will start by talking with your employer to get your job description and information about your job performance. They want to see if you stopped working because of problems with your job or ou supervisor. Next on the list is family members and your neighbors. This can be very problematic. Your family members might say something that unintnetionally hurts your insurance disability claim and your neighbors just might say something intentionally to hurt your...

Author: Nancy Cavey