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Author: Nancy Cavey > Articles posted by Nancy Cavey (Page 9)

Bacterial Blueprint For Chronic Fatigue Syndrome – Win Your Claim For Long Term Disability Benefits

Chronic Fatigue Syndrome Disability Attorney Symptoms

In a study published in Microbiome researchers have identified a new bacterial blueprint for chronic fatigue syndrome. That’s crucial because many long term disability carriers take the position that chronic fatigue syndrome really has no objective or organic cause. What Is Chronic Fatigue Syndrome Symptoms? Chronic Fatigue Syndrome (CFS) can cause: 1. Extreme fatigue. 2. Fibrofog. 3. Widespread muscle aches. 4. Symptoms consistent with inflammatory bowel disease. What Is So Important About This Study? Researchers discovered that people with chronic fatigue syndrome had higher blood levels of lipopolysaccharides, which are inflammatory molecules that indicate the bacteria has moved from the gut into the blood stream. They analyzed bacteria in...

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If My Cardiovascular Condition Doesn’t Meet the Listing, Can I Try to Prove That My Condition Equals a Listing?

Cardiovascular Condition Social Security Claims

Yes! The Social Security Administration (SSA) evaluates whether or not your medical condition equals a listing under 20 C.F.R. §§ 404.1526 and416.926. This requires the SSA to consult with a SSA medical expert before reaching a conclusion regarding equivalence. It is also helpful if your cardiologist comments on the equivalence by using the New York Heart Association Functional Classifications. Which Two Categories of the New York Heart Association Functional Classification Will Work? Category III requires: (1) marked limitation of physical activity with you being comfortable at rest, (2) Less than ordinary activity causes fatigue, palpitation, or shortness of breath. Alternatively, Category IV requires that you: (1) are...

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ERISA Disability Carriers Must Meet ERISA Claims Denial Deadlines

ERISA Claims Denial Deadlines

If you purchased your disability policy through your employer, that policy is most likely governed by the civil enforcement provisions of the Employer Retirement Income Security Act 1974 (ERISA), 29 USC §1132. In the case of Perry v. Metropolitan Life Ins. Co., No. 4:16-CV-135 (CDL), 2016 WL 4536441 (M.D. GA. August 30, 2016), Ms. Perry was employed by Synovus Financial Corporation where she was covered under a Long Term Disability policy issued by MetLife disability. MetLife paid her benefits and then denied her claim on the basis that she no longer met the standard of disability. Her policy required that she submit...

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What Every Social Security Disability Applicant with Cardiovascular Problems Needs to Know About Meeting a Cardiological Listing

Cardiovascular Problems Disability Attorney Claims

[vc_row triangle_shape="no"][vc_column][vc_column_text]The Social Security Administration (SSA) uses a 5 step sequential evaluation in every Social Security Disability claim to determine whether or not the applicant is entitled to Social Security Disability benefits. At Step 3 of the 5 Step Sequential evaluation, the Social Security Administration will ask if you meet the elements of cardiovascular listing 4.00. If you meet Listing 4.00, you will automatically be entitled to you disability benefits at Step 3. What is a Cardiovascular Impairment? The SSA defines a cardiovascular impairment as “any disorder that affects the proper function of the heart or the circulatory system including arteries, veins, capillaries...

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What Every Social Security Disability Applicant Needs to Know about Exercise Tolerance Testing ETT

Exercise Tolerance Testing ETT

[vc_row triangle_shape="no"][vc_column][vc_column_text]If you’ve been diagnosed with cardiological disease, you may be entitled to Social Security Disability benefits. You can be awarded those benefits at Step 3 of the Five Step Sequential evaluation if you can establish that you meet every element of a Listing for chronic heart failure. Part of the criteria requires the results of exercising testing or, alternatively, documentation the performance of an exercise test (ETT) would present a significant risk to you. Who Makes the Determination of Whether I can Undergo ETTs? Not your doctor! The Social Security Administration (SSA) requires that a medical consultant determine whether or not undergoing...

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Cancer Is The Leading Cause Of Long Term Disability Claims

UNUM Cancer Long Term Disability Claim

Unum Disability Insurance Company, one of the carriers in the United States, has reported that cancer is the leading cause of its disability claims. In fact, cancer counts for over 16% of long term disability claims. Unfortunately, Unum like many disability insurance companies often ignore the side effects of cancer treatment when denying benefits. What You Should Do If Your Cancer Disability Claim Is Denied Receiving a diagnosis of cancer can be devastating and it will take an  emotional toll on you. Unfortunately, many disability carriers don’t deliver on their promise to provide you with disability benefits when you are at the lowest point. ...

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The Ugly Truth About ERISA Plans And Contractual Limitations Period

When Does The Meter Run On Your ERISA Disability Claim? In Heimeshoff v. Hartford Life and Accident Insurance Company, U.S.#12-729(December 16, 2013) the United State Supreme Court found that “absent the controlling statute to the contrary a participant and a plan may agree by contract for particular limitations., even when it starts to run before the cause of action approves, as long as the period is reasonable.”   That is bad news for an ERISA policy holder whose claim has been denied. The Contractual Limitations In An ERISA Disability Plan The Hartford Life and Accident Plan in the Heimeshoff case included a provision that...

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What Every Disability Policy Holder Needs To Know About an ERISA Disability Plan

ERISA plan disability

[vc_row triangle_shape="no"][vc_column][vc_column_text]You may have purchased your disability policy through your employer and , if so, you need to understand the basics of an ERISA Plan. ERISA stands for the Employer Retirement Income Act.  The ERISA statute was enacted in 1974 as a result of the Jimmy Hoffa pension scandals.  ERISA was designed to provide and protect employee pensions and other employee benefits such as group health, disability and life insurance. An employer is not required to have any type of benefit plan.  It’s a voluntary act by the employer or sponsor.  A plan can be amended, changed or even terminated at any...

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You Don’t Want to Hire an Inexperienced Attorney to Represent you in Your ERISA Claim

erisa disability attorney cost

[vc_row triangle_shape="no"][vc_column][vc_column_text]Did you know that, for the most part, benefits that you receive from work are governed by a Federal Statute known as the Employee Retirement Income Security Act of 1974 of ERISA. Employee benefits, which could include life, health, retirement and disability benefits are governed by ERISA. Unfortunately, many garden variety lawyers don’t understand the difference between an ERISA claim and a State law breach of contract claim. There’s a misconception among the public and lawyers that when you receive health, life or disability benefits through an employer payroll deduction, you have a contract with the Insurance Company. If the...

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How A Great Social Security Decision Can Potentially Help Long Term Disability Policy Holders

[vc_row triangle_shape="no"][vc_column][vc_column_text]Many disability policies will have limits on how long benefits can be paid for mental illness and will require that a policyholder gets active treatment. Unfortunately, it’s not uncommon for policy holders who have mental illness to have difficulty getting medical treatment. In a recent Social Security Disability case, Punzio v. Astrue, 630 F.3d 704 (7th Cir. 2011), Judge Posner, one of the leading Judges in the 7th Circuit, points out that the difficulty performing activities of daily living, small improvements of mental illness, failure to get treatment is the symptoms of the disease and aggravating factors. Many disability insurance carriers will pounce...

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