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Protecting Seniors’ Rights: Navigating the Challenges of Medicaid Evictions in Assisted-Living Facilities

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The U.S. long-term care system has come under scrutiny due to a recent surge in the eviction of seniors from assisted-living homes, particularly affecting residents who rely on Medicaid for low-income health coverage. At The Law Office of Nancy L. Cavey, we understand the importance of protecting the rights of seniors and individuals with disabilities, especially in matters related to housing and access to essential services. As reported by The Washington Post in an article titled "Assisted-living homes are rejecting Medicaid and evicting seniors," a striking example of the impact of these evictions is the story of Shirley Holtz, a 91-year-old...

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ERISA Disability Policy: Be Prepared for Limited Benefits for Neuromuscular Disorders

You purchased a disability insurance policy to provide you with peace of mind, but there might be a terrible flaw in your policy that will rob you of that peace of  mind and your financial security. The Two Types of Limited Disability Benefit Provisions in an ERISA Disability Policy or Plan There are two limited disability benefit provisions that you might find in a disability insurance policy or plan. The first is a mental-nervous policy limitation that will limit the payment of benefits to just two years if the disability is caused by a psychological condition. The second is a “subjective medical condition”...

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The Three Reasons Your Medical Records are Key To Winning Your Social Security Disability Claim

Your medical records are one of the keys to getting the Social Security disability benefits you deserve. You are required to establish that you have a medically determinable impairment, that you have gotten medical treatment and that you are compliant with that medical treatment. Let's talk about how each of these is key to winning your Social Security disability benefits. A Medically Determinable Impairment The Social Security Administration (SSA) rule require that you have a medically determinable physical or mental impairment, which is an “impairment that results from anatomical, physiological, or psychological abnormalities [that] can be shown by medically acceptable clinical...

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Does Discrimination and the Disenfranchisement of Women in the Health Care System Impact an ERISA Disability Insurance Claim?

A recent study, “Women’s Experiences of Health-Related Communicative Disenfranchisement,”  published in Health Communication, confirms that many women’s  health concerns are often dismissed by physicians. According to the study, many women’s health concerns are met with disbelief that “discredits, silences and/or stereotypes one’s… experiences.” This is “medical gaslighting.” By “gaslighting,” I mean the tendency to treat someone’s complaints as if they were unimportant or just imaginary. It is a way of dismissing someone’s concerns as if they weren’t real. This dismissal, disbelief and being written off as just anxious or depressed, is all too common in my experience with women who have reproductive...

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Buerger’s Disease and Your Long-Term ERISA Disability Claim

Buerger’s disease, which is also known as thromboangitits obliterans, is a vascular disorder that primarily affects cigarette smokers. It causes narrowing or blockage of the veins and arteries of the legs or arms which can make it difficult if not impossible to work. If you have an ERISA disability policy, you may be entitled to your disability benefits because of Buerger’s disease if you can’t perform your own or any other occupation. My father became disabled, in part, because of Buerger’s disease, and had extreme pain, cramping,  numbness and tingling with ulcers on his legs. He stopped work and applied for his...

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How You Answer A Social Security Judge’s Question about Taking Your Kids to School Can Destroy Your Social Security Disability Claim

Congratulations! Your big day is finally here! The Social Security judge is going to ask you a lot of questions and, hopefully, your attorney has gone over with you all the questions you will be asked and even done a video that goes over how to truthfully answer those questions. If not, let me make some suggestions about how to answer a Social Security judge’s questions about what you do every day. Judges like to ask questions about house cleaning, cooking, taking the kids to school, and doing yard work. Your answers can make or break your Social Security disability claim. Why?...

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The 900,000 Surge of Disabled Workers in the United States, the Role of COVID-19, and What Can Happen To Your ERISA Disability Claim When Work Accommodations End

According to a study by the Federal Reserve Bank of New York, “there has been a surge of about 900,000 people with disabilities in the U.S. workforce since 2020.” It is thought the increase is due to Americans with long COVID who have remained in the workforce. Emily Peck of Axios Markets wrote an article entitled “Behind the Surge in Workers With Disability: Long COVID,” in which she reported that employers are accommodating the needs of those with COVID. In her discussions with Richard Dietz of the Federal Reserve, he pointed out that “the majority of the newly disabled deal with...

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Loeys-Dietz Syndrome and Your ERISA Short-Term or Long-Term Disability Insurance Claim

Loeys-Dietz Syndrome Disability Claims

Loeys-Dietz syndrome is a genetic disorder that affects the connective tissue in your body that provide not only strength but flexibility to bones, ligaments, muscles, and blood vessels. It affects multiple body  systems and can result in a disability insurance claim if you are no longer able to work. Common problems include: 1. enlargement of the aorta, which can result in aneurysms or dissections of blood vessels, 2. skeletal problems that include a premature fusion of the skull, scoliosis of the spine, a sunken  or protruding chest, and joint deformities, 3. spontaneous collapse of the lungs, and 4. hernias. The two most disabling problems are cardiac...

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The Ten Mistakes You Can Make That Can Destroy Your ERISA Disability Claim

10 ERISA Disabilty Claim Mistakes

Short and long-term disability insurance claims are often made because of chronic heart problems. But if you have chronic heart issues and were thinking about leaving work and applying for disability benefits, there are some common problems you should be aware of before you do that. The case of Adams-Runion v. UNUM Life Ins. Co. of Am., 2022 WL 1050097 (E.D. Cal. Apr. 7, 2022) illustrates these problems. Adams-Runion was the Director of Laboratory Services at Doctors’ Hospital of Manteca, California, which required her to sit at least six hours per day. Her job was very stressful. She had undergone heart surgery in...

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“Limited Disability Benefits” Clauses in Chronic Fatigue Syndrome Disability Insurance Claims

Chronic Fatigue Syndrome Disability Claims Clause

Many disability policies or plans have subjective medical condition or limited disability benefit clauses that will limit the payment of disability benefits to just 24 months. There is often a fight about the terms of these limited disability clauses and whether a particular medical condition falls within the limited disability benefits clause. That is exactly what happened in the case of Tucker v. Express Scripts Health & Welfare Benefits Plan, 2022 WL 88143 (E.D. Mo. Mar. 25, 2022). Mr. Tucker was covered under a disability plan that had a “Limited Disability Benefits” clause that limited the payment of disability benefits after...

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