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What Every Disability Policy Holder Needs to Know About a Form Selection Clause And Insurance

Form-Selection-Clause-Social-Security-Disability

Many disability insurance companies will write their insurance policies to provide that any claim or action has to be filed in a specific district.For example, it could be a district court that is not particularly favorable to ERISA disability policy holders.The general rule is that a “form selection” clause in the disability plan or policy will govern where a lawsuit should be filed. What If There Isn’t Form Selection Clause In My Disability Policy? Under the Federal Rules of Procedure, the court will look to a number of factors including where the principal place of business the disability insurance company is located...

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May 19th Is National Hepatitis Testing Day

As part of Hepatitis Awareness Month campaign, May 19th has been designated as “National Hepatitis Testing Day.”  You can find a testing event in the Tampa Bay Area by clicking the link Hepatitis testing Events Page.What Is Hepatitis? Hepatitis is an inflammation of the liver caused by one of several viruses.  In the United States, the most common type of viral Hepatitis is caused by Hepatitis A, Hepatitis B and Hepatitis C.  The CDC has begun an initiative called “Know More About Hepatitis” that seeks to increase awareness about Hepatitis and encourage people who were born from 1945 to 1965 to...

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Disability Insurance Trust Fund Funded Through 2020

Disability-Insurance-Trust-Fund-Social-Security-Disability

Many Social Security Disability applicants are concerned about the solvency of the Disability Insurance Trust Fund. Where Does The Trust Fund Get It’s Money? The Trust Fund in part, gets it’s money from the withholdings held from paychecks.  When you look at a paycheck you’ll see “FICA” withholdings.  Part of that money goes into the Trust Fund.Congress has passed a “Bipartisan Budget Act of 2015" which extends the solvency of the Trust Fund to run through 2020.  That’s great news for those who are on Social Security Disability benefits! What Should I Do If My Social Security Disability Claim Has Been Denied? If your...

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The Back Log In Social Security Hearings Gets Worse!

Back Log In Social Security Disability Hearings

Did you know that as of August of 2015, the national average and processing time for a Social Security disability application through the date of hearing was 517 days.Over the last 7 years there has been an attempt to reduce the delay but, unfortunately, things have gotten worse. What Are The Reasons For The Social Security Back Log? The reasons for delay are, in part, because the number of decisions made by Administrative Law Judges has decreased over the last 5 years because of an increase emphasis on “decisional quality”.The Social Security Administration has found “more quality issues” related to favorable decisions...

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Sleep Apnea and Social Security Disability Benefits For Women

Sleep Apnea Social Security Disability Benefits Attorney

Did you know that epidemiological studies have shown that sleep apnea may be more dangerous for women than men?Obstructive sleep apnea is associated with increased Troponin T, a protein that can be released into the bloodstream if the heart is damaged.Sleep apnea is associated with an enlarged heart, heart failure and death in women. Here at the Law Office of Nancy L Cavey, we have experience with sleep apnea Social Security claims. When looking for someone to help, please do not hesitate to give us a call. Need Help With Sleep Apnea And Your Social Security Disability Benefits Claim? If you’ve been...

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Help Support Million Hearts

Stroke Heart Attack Social Security Disability Attorney

February is Heart Month and we, at Cavey Law, are pleased to announce that we support Million Hearts!  Million Hearts is a national, public-private initiative of the Department of Health and Human Services to prevent 1 million heart attacks and strokes by 2017.The purposes of the organization are to improve care and empower Americans to make heart-healthy choices. Controlling Your High Blood Pressure Is Just One Way To Prevent Heart Attacks And Strokes To help control your blood pressure you should:Ask your doctor what your blood pressure should be based on your age. Your goal should be to lower your blood pressure...

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Blood Pressure Control Can Help Prevent A Heart Attack Or Stroke

Blood Pressure Control Heart Attack Stroke Disability Lawyer

Did you know that uncontrolled high blood pressure is the leading cause of heart disease and stroke according to the Centers for Disease Control and Prevention (CDC).  Statistics show that more than 67 million Americans have high blood pressure.  High blood pressure shows new signs or symptoms which make it difficult for you to take control over your blood pressure.During February Heart Month we urge you to get your blood pressure checked if it’s high, talk to your doctor about treatment.  People with high blood pressure are four times more likely to die from a stroke. They are three times...

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What Reliance Standard Should Have Done When A Policyholder Couldn’t Attend An In-Person Medical Examination

Reliance Standard IME Claim Denied

It’s not uncommon for the disability insurance companies like Reliance Standard, to schedule an independent medical evaluation.In the case of Mason v. Reliance Standard Life Insurance Company, 14-CV-01415-MSK-NYW, 2015 WL 5719648 (D. Colo. Sept. 30, 2015), the Colorado court found that Reliance’s denial of benefits was arbitrary and capricious.Reliance had scheduled an independent medical evaluation of Mr. Mason and he was unable to attend as he was in the hospital on the scheduled date.Instead of rescheduling, Reliance Standard hired a peer review doctor to conduct a medical review of Mr. Mason’s medical records.Of course, the peer review physician rendered an...

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Hartford Loses Long Term Disability Fibromyalgia Claim

fibromyalgia disability claims attorney Tampa

Disability Carriers don’t like fibromyalgia disability claims and often deny a fibromyalgia claim because of a “lack of objective medical evidence.” So What Happened In Teri Haning’s Claim For Disability Benefits Ms. Haning was treated for over twenty years for fibromyalgia and depression. Yet, Hartford rejected the opinions of her treating physicians and denied her claim. She filed a lawsuit. The Court found that Hartford’s exclusive reliance on a series of file reviewers or paid consultants showed that the benefits termination was arbitrary and capricious.The Court commented “Hartford relied on an overly crabbed view of what constitutes “objective medical evidence” and “documented...

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Physical Therapy And Your Claim For Short and Long Term Disability Benefits

Physical Therapy Disability Benefits

One of the leading causes of short and long term disability claims in the United States is low back problems.Your disability policy will require that you get ongoing care, including physical therapy, care for your back condition as a condition for getting disability benefits.  However, did you know that physical therapy can provide little long term relief to back pain? What The Medical Literature Is Saying About Physical Therapy and Disability In a study, published in JAMA, it was found that people who had a recent onset of low back pain got no long term relief for their pain.  The study participants...

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