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Voluntarily Resigning Your Job May Jeopardize Your Rights to Compensation Benefits

If you are a Florida first responder who has compensable industrial injury or losing in your wages before maximum procurement, you may be entitled to what is called temp or partial benefits.However, if your employer offers you a light duty job and you walk away from it, you may not be entitled to temp or partial benefits, a voluntary resignation doesn’t alone support a denial after resignation. The issue is going to be whether your refusal of employment was justifiable. If you are a first responder who has been offered a light duty job and don’t think it is with...

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Rich and Successful Engage in Strategic Defaults and Walk Away from Million Dollar Properties

According to Brent T. White, law professor at University of Arizona, the rich and successful often decide to walk away from houses when they are “underwater”. If you owe more than your house is worth you are “underwater”.Professor White, who studies strategic defaults, indicated that the “rich and successful… maybe be less susceptible to shame and fear mongering used by the government and the mortgage banking industry to keep underwater home owners from acting in their financial best interest.”However, walking away in a strategic default can still leave you to be exposed and being sued by a lender or frozen...

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The Dirty Little Secret About Taxable Costs in Workers’ Compensation Cases

In 2003, one of the most significant changes to the workers’ compensations statute, allows employer/carrier’s to file a claim for costs if the employer/carrier prevails in a workers’ compensation claim. In Orange County vs. Nue, (45 Florida Law Weekly d1431 (June 25, 2010)) fire fighter Nue was sued by Orange County Fire and Rescue asking for costs after he lost his workers’ compensation case. The Judge of Compensation Claims entered and order tax and costs in the amount of $2,594.99 against him and when he failed to pay the costs, Orange County filed what’s called a Petition for Rulinisi under...

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2010 – 2011 American Lawyer Academy Viral Video Scholarship Contest and Official Rules Southern Region

The Law Offices of Nancy L. Cavey is proud to be the Southern Regional sponsor for the American Lawyer Academy's 2010 Viral Video Scholarship Contest. Below are the official rules for the Southern Region only. If your main residence is located in a different region please visit the website of the appropriate sponsor in your area. See the sponsor list at the bottom of this page.Video Element Requirements:IMPORTANT NOTE: Failure to follow the exact video element requirements will result in disqualification.1.    The subject/idea/theme of all submitted videos must be: Safe Driving2.    Style: Viral video/public service announcement.3.    All submissions must be no...

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Long Term Disability Denials Based On Vocational Opinions

Long Term Disability carriers routinely use vocational rehabilitation counselors to review disability claims to determine whether or not you can do your former work or any work in the national economy. Unfortunately, vocational rehabilitation counselors hired by the Long Term Disability carriers make a number of mistakes. First, they will use the Residual Functional Capacity forms completed by the carrier’s doctors, which will most likely say that you can do at least sedentary work. The vocational rehabilitation counselor will rarely consider the opinion of your doctor about your abilities. Secondly, they will determine that you have certain transferable skills based on...

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Berkshire Life Insurance Policies and the Term “Occupation”

If you have a Berkshire Life Insurance disability policy, take a close look at it. Does it define the definition of occupation? Does the term occupation refer to only the job that you held at the time you became disabled? Does it mean the inability to engage in your own occupation at the time of your disabling condition? Or should be interpreted to include any work requiring similar skills or producing a similar endpoint?This very issue was raised in the case of Berkshire Life Insurance Company v. Bruce Adelberg (698 Southern 2nd 282) in a private disability policy claim which...

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Complex Regional Pain Syndrome and Florida Social Security Disability Claims

If you have complex regional pain syndrome (CPRS), your claim for Social Security disability benefits might have been denied for lack of objective evidence of your disability. A groundbreaking study by scientists at Northwestern University School of Medicine has found scientific evidence that chronic pain from complex regional pain syndrome (CRPS) causes a re-wiring of the brain. The changes "in the brain take place in a network of tiny, white cables, that dispatch messages between the white matter in your brain." Your chronic pain can actually cause the brain to shrink in size. If your claim for Social Security disability benefits as...

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Social Security and Medical Vocational Allowances

As I’ve explained, there are two ways to be eligible for Social Security Disability benefits. The first is to meet a medical listing under the Social Security Administration’s listing of impairments. Unfortunately, the listings have very strict criteria and most people don’t meet a listing. As a result, the Social Security Administration analyzes a claim for Social Security Disability benefits by determining whether or not you are able to do the lightest job you have held in the last 15 years and whether or not you are able to do other work. How does this work? 1. The Disability Claims Examiner assigned to...

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Your Rights to Social Security Benefits – Information the Social Security Administration Rarely Tells You about Your Claim

Are you losing money because you have not filed for benefits or failed to appeal a denial of your claim for benefits? Don't make a move until you READ this SPECIAL BULLETIN on the Social Security Disability claims process!! © The Law Offices of Nancy L. Cavey, April, 2007, Attorneys at Law, Phone: (727) 897-9053 Thank you for requesting this SPECIAL BULLETIN on YOUR RIGHT TO SOCIAL SECURITY DISABILITY BENEFITS. This bulletin explains what you need to know about the Social Security disability claims process in order to win your claim.   Please note that this bulletin is neither intended as legal advice on your...

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What is the Five Step Sequential Evaluation the Social Security Administration Uses in Every Case All the Time?

The Social Security Administration analyzes your claim using what is called a 5 STEP SEQUENTIAL EVALUATION process which we outline below. 1. Have you engaged in substantial gainful activity? At Step One, the issue is whether you have worked after the date you said you became disabled. Most Social Security applicants meet test one because they have not worked since their disability began. If you have worked after the date you said you became, disabled, we can determine whether that work may disqualify you from entitlement to benefits. 2. Do you have a severe impairment? Step 2 is designed to weed out cases that...

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