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Disabled Teleworkers Dissed by ERISA Disability Carriers and Plans and the Three Ways to Challenge a Telecommuting Denial

The COVID 19 pandemic normalized telecommuting. That was helpful to many of my  disabled ERISA disability  policyholders because it either allowed them to hide their disability and work around their limitations while keeping their jobs or work at reduced hours within their restrictions and limitations.  What was beneficial at the “own occupation” stage of a disability claim is backfiring at the “any occupation” stage of a disability claim. What is the Any Occupation Stage of A Disability Claim? Disability policies or plans will typically pay disability benefits for the first two years if you are unable to engage in the ”material and substantial duties...

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Your Social Security Disability Claim in Orlando – Why is It Taking Forever to get a Hearing?

The “average” time for a Social Security claim to get through the initial application stage, the Request for Reconsideration stage and the Request for Hearing Stage is allegedly 425 days in Florida.  The reality is that the wait is more than 547 days and as long as 730 days. Regardless of the number it is too long! The Orlando ODAR Office in Social Security Disability Claims Did you know that the Office of Disability Adjudication and Review (ODAR)  Has eight different offices in Florida where Social Security disability (SSDI)  and Supplemental Security Income hearings(SSI) are held? One of the locations is in Orlando at...

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Long Term Disability Attorney Near Me – Your Trusted Partner from the Law Office of Nancy L. Cavey

When you're facing the challenges of a long-term disability claim, having a skilled long term disability attorney near me is essential. Finding expert guidance that's conveniently located can make a significant difference in your case. At the Law Office of Nancy L. Cavey, we're dedicated to providing top-notch legal assistance right in your local area. The Importance of Choosing a Long Term Disability Attorney Near Me Choosing a long term disability attorney near me offers distinct advantages. Proximity means accessibility – you can have in-person consultations, attend meetings, and collaborate more effectively. This closeness facilitates a better understanding of your unique situation...

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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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