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How Do I Pick the Right Date for the “Onset of Disability?”

table.MsoNormalTable { font-size: 12pt; font-family: "Cambria","serif"; }The alleged onset of disability “AOD” is a term in the Social Security world. It is the date from which your entitlement to Social Security Disability benefits starts. That includes a five-month elimination period.The onset of disability is the first date when you are unable to engage in what is called substantial gainful activity. Substantial gainful activity is also a term under the Social Security rules which means what date could you last worked a forty hour week without significant interruptions for symptoms and/or for treatment and...

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No. 11 – Can I refuse to attend a neuropsychological exam at a long-term disability carrier?

If a long-term disability carrier is scheduling you for a neuropsychological exam, I strongly suggest that you contact an attorney like Nancy Cavey immediately! Nancy Cavey is familiar with the neuropsychologists routinely used by long-term disability carriers.We won't ever refuse an exam, but there are a number of things that can be done to protect your interests. These include: (1) obtaining your own neuropsychological exam before attending the long-term disability carrier's neuropsychological exam; (2) videotaping the independent medical examination; (3) limit the carrier's neuropsychological review to the raw data of your examination.To discuss...

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No. 10 – The seven things long-term disability policyholders should do.

No. 10 - The seven things long-term disability policyholders should do.Nancy Cavey, Hillsboro and Pinelas Counties disability insurance company lawyer, suggests that longer-term disability applicants call and:(1) get a copy of their policy;(2) read the policy and the directions for filing their claim and follow every step;(3) make a copy of everything you send to the disability carrier;(4) send everything to the long-term disability carrier with return receipt request to prove that you sent the material;(5) if you speak with the adjuster, which Nancy Cavey does not suggest you do, document every telephone conversation;(6)...

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What are the Factors I Should Consider in Choosing a Social Security Disability Attorney?

table.MsoNormalTable { font-size: 12pt; font-family: "Cambria","serif"; }Someone who will:1.      Educate you about the Social Security Disability claims process2.      Gather written records and documents to support  your claim, including medical and employment records.3.      Perform the investigation of your claim including interviewing your doctors and employers.4.      Read and analyze your Social Security Disability claim.5.      Meeting with your medical doctors and health care providers to fully understand your condition.6.      Obtain your reports and form experts to support your claim.7.      Analyze any legal issues that can result in the denial of your claim.8.      File all the necessary forms for the Social Security Administration.9.      Contact...

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No. 9 – Has your claim for long-term disability benefits been denied on the basis that you haven’t been putting forth your best efforts?

No. 9 - Has your claim for long-term disability benefits been denied on the basis that you haven't been putting forth your best efforts?Long-term disability carriers routinely hire companies such as the Reid Group, to review long-term disability claims. Unfortunately, the Reid Group will use, as a basis for denying claims, an allegation that a psychiatrically disabled person hasn't put forth their best efforts in neuropsychological testing based on tests of memory validity. The Reid Group will conclude that you haven't been "cooperating" under the terms of the plan.If your claim for long-term ...

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How do I let the Social Security Administration know I have a Lawyer?

At The Law Office of Nancy L. Cavey, we notify the Social Security Administration that you have hired us to help you with your Social Security Disability claim. We do this by filing form SSA-1696U4 Appointment of Representative with the Social Security Administration. We take care of all the communications with the Social Security Administration so that you can focus on the healing process.If you have questions regarding the Social Security Disability claims process, contact Social Security Disability claim’s lawyer Nancy L Cavey or one of our helpful paralegals to assist you with any questions you may have....

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No. 8 – Psychological disability and long-term disability claims

No. 8 - Psychological disability and long-term disability claimsUnfortunately, long-term disability carriers routinely use companies such as PSY BAR to review long-term disability/ERISA claims involving psychiatric conditions.I recently reviewed PSY BAR's website and noted that they offer online courses to adjusters and IME doctors.One of the courses, "Psychological and Psychiatric Assessment of Individuals for Disability Insurers," actually teaches "independent medical doctors" what the long-term disability insurance company's expectations are and how to meet those expectations in an ethical manner.Interestingly enough, this course identifies what PSY BAR believes to be "common IME errors":ERROR...

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Do I have to Sign a Contract to Hire an Attorney?

Yes, to charge you a fee for the service you are given, the Social Security Administration requires that you file either a Fee Agreement or a Fee Petition with the Social Security Administration. Your attorney can’t charge you more than the fee amount the Social Security Administration approves. If an attorney collects a fee without the Social Security Administration’s approval, or charges or collects too much for a fee, they can be suspended or disqualified from representing anyone before the Social Security Administration. At The Law Office of Nancy L. Cavey, we have you sign an attorney fee contract and...

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No. 7 – The long-term disability carrier is denying my benefits because my physician won’t respond to their request for information. What should I do?

No. 7 - The long-term disability carrier is denying my benefits because my physician won't respond to their request for information. What should I do?The long-term disability carrier should not be contacting your treating physician without letting you know. In a 9th Circuit court case, Safon v. Wells Fargo & Company, Long-term Disability Plan, 522 F.3d 863 (9th Cir. 2008), the court held that direct contact with a treating physician was a direct violation of the ERISA fiduciary duty.This court also held that Met Life and Wells Fargo violated ERISA by attempting to use...

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