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First District Court of Appeal Issues Blockbuster Decision Holding That A Single Report of Elevated Blood Pressure At A Pre-Employment Physical Isn’t Evidence of Hypertension

First District Court of Appeal Hypertension Disability Claim

First responders can establish the compensability of their hypertension or cardiological disease under the statutory presumption in the Florida Heart and Lung Statute 112.18(a)(2015). However, to do so, the law enforcement officer must "have successfully passed the physical examination" which failed to reveal "any evidence of any such condition". A Single Report of Elevated Blood Pressure Isn't Evidence of Hypertension In the blockbuster case of City of Tavares v. Harper, entered by the First District Court of Appeals on October 24, 2017, the First DCA found that a single report of elevated blood pressure at a pre-employment physical does not constitute evidence...

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The 3 Myths and 3 Facts About Social Security Disability Insurance That You Need To Know

Social Security Disability Insurance Myths Facts

As a Social Security Disability attorney, I hear many myths about the Social Security Disability claims process. Unfortunately, many people believe these myths and do nothing. Here are some myths that need to be blown out of the water: Myth #1: Everyone's Social Security Disability application is denied. Fact: About 2/3 of the initial and request for reconsideration are denied, but at the end of the day, over 50% of those who apply for Social Security Disability benefits and keep at it get their disability benefits. Myth #2: You don't need a lawyer to get your Social Security Disability benefits. Fact: Well, it's a...

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What Testing Does the SSA Want to See in an Cardiovascular Impairment Social Security Disability Claim?

Cardiovascular Impairment Social Security Disability Claim

[vc_row triangle_shape="no"][vc_column][vc_column_text]The Social Security Administration (SSA) wants to see an objective basis of the diagnosis, particularly if you are attempting to meet a cardiovascular listing 4.00. What are the two pieces of medical evidence required? You must establish that you have persistent and recurrent cardiovascular problems. As a result, the SSA will look at your medical records for a minimum of a three month period to evaluate the severity and duration. Assuming that your medical records document your cardiovascular treating the Social Security Administration is going to be looking for two critical pieces of evidence: (1) ECG: Electrocardiograph/Electrocardiogram and, (2) ETT: Exercise Tolerance Test/Exercise Stress...

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Why Do Insurance Companies Deny Short Term Disability Benefits or Cut Off Benefits During The Short Term Disability Period?

Short Term Disability Period Denial Insurance Company

Unfortunately, it's not uncommon for disability insurance carriers to deny a short term disability claim, or cut off a policy holder during a short term disability period. Why? Most of these policy holders also have long term disability insurance and that creates a significant exposure to the long term disability insurance carrier. The disability carrier is hoping that you get discouraged and don't file an appeal and/or fail to even apply for your long term disability benefits. Why Do Disability Insurance Carriers Deny Short Term Disability Claims I believe that disability insurance companies set up short term disability denials to make it...

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The Three Ways Your Social Security Disability Benefits Can Be Garnished Depending on Who You Owe

Social Security Disability Benefits Garnished Florida

Many Americans rely on their Social Security Disability benefits and believe that it's untouchable! That's not true. It is possible that a portion of your Social Security Disability benefits can be garnished or seized by the Federal government. What Are The Three Ways My Social Security Disability Benefits Can Be Garnished? Only the United States government can garnish a part of your Social Security Disability benefits. Private creditors like banks or credit card companies, can't touch your Social Security benefits. However, if you have following types of debt, you could be eligible for garnishment: 1. Federal Income Tax The IRS, according to the Federal...

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What Every Long Term Disability Applicant Needs to Know About Having the Right Medical Support For Their Disability Claim

Right Medical Support Disability Claims LTD

When an injury or sickness prevents you from working, you may be entitled to disability benefits under a long term disability policy. However, before you stop working, you should get out your disability policy and understand: (1) how the policy defines occupation, (2) what type of proof the policy requires. It’s crucial that you understand the claims process before you stop working and apply for long term disability benefits. What Is A Disabling Condition? Most policies define a disabling condition as an injury or sickness that prevents you from doing the material and substantial duties of your occupation. How does your policy define disability condition and...

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The Social Security Administration Partners With Medical Facilities To Speed The Receipt Of Social Security Disability Applicant Medical Records

Social Security Administration Partners Medical Records

The key to winning your Social Security Disability claim is your medical records. The Social Security Administration application requests that you list all of your medical providers. The SSA will write to each of the providers asking for a copy of your medical records. It can take a long time to gather all of your medical information. At Cavey Law, we make sure that all of your medical records have been gathered and are submitted with your application. New Medical Partners and the SSA However, the Social Security Administration is now partnering with large medical centers, like Johns Hopkins, to allow direct electronic...

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Why It’s Crucial That Every Long Term Disability Applicant Pick The Right Date To Be Disabled

Date To Be Disabled Long Term Disability

One of the many challenges in applying for long term disability benefits is to determine the date that you become disabled and the date you should stop working. Before you stop working you should get out your disability policy and consider the following. What is the effective date of your long term disability coverage? If you become disabled before the effective date of your coverage, your long term disability carrier will deny our claim right off the bat on the basis that you’re not qualified for coverage. The Pre-existing Disability Clause Many disability insurance policies will have a pre-existing disability clause that prohibits the...

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Can I Apply For Social Security Disability Benefits Because of My Skin Disorder?

Skin-Disorder-Social-Security-Disability-Benefits

The Social Security Administration (SSA) has created a listing of Impairments to evaluate skin disorders and other conditions that can result from hereditary, congenital or pathological processes. These include: ichthyosis, bullous disease, dermatitis, chronic infection of the skin or mucous membrane, hidradenitis, suppurativa, and genetic photosensitivity. If you have a disability that meets the Listing criteria, the Social Security Administration will consider your skin condition as sufficiently severe to prevent you from performing substantial gainful work. As a result, benefits can be awarded at Step 3! But What About Durational Requirements for Social Security Disability? The SSA does require that these dermatological conditions...

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The Three Things That Social Security Disability Examiners Do When Reviewing Your Medical Records

Social Security Disability Examiners Reviewing Your Medical Records

When you apply for Social Security Disability benefits you’ll be asked to provide a list of your medical providers so that the SSA can gather your medical records. Once your records have been received, the Social Security examiner will review the records and make a decision whether you’re entitled to disability benefits. Your medical records can make or break your initial application. Your medical records must show not only the severity of your symptoms but how your symptoms impact your ability to function on a daily basis. The 5 Steps To Your Social Security Benefits To be eligible for Social Security Disability benefits...

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