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Is the Long Term Disability Carrier Entitled to My Social Security?

At The Law Offices of Nancy L. Cavey, a Florida based long term disability firm, we are oftern asked "Is the long-term disability carrier entitled to repayment because I got Social Security Disability benefits?" Have you read your long-term disability policy? Does it provide that future benefits can be withheld to recover any overpayment arising from a retroactive payment of benefits such as Social Security Disability benefits? In the case of White v. Coca Cola Corporation, the United States District Court for the Northern District of Georgia upheld a provision in Coca Cola’s long-tern disability plan that allowed Coca Cola to withhold...

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Horror at Your Door – A Field Visit and Statement by LTD ERISA Investigator

Knock! Kniock! Freddy is at your dooor! If the a long-term disability or ERISA carrier calls and asked to take your statement or arrange a field visit you are in trouble! Call Nancy Cavey, an experienced long-term disability/ERISA disability Attorney,  before you make mistakes in your statement or field visit by the long term disability/ERISA investigator. Long term disability and ERISA disability claims are denied for three reasons: 1. No objective evidence of diagnosis; 2. No objective evidence of disability; 3. No evidence of causal relationship between the disability and the inability to engage in your own occupation or any occupation. The long-term disability or...

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What is ERISA?

If your disability claim will be made under your employer's group disability insurance policy, it is likely governed by ERISA, which stands for the Employment Retirement Income Security Act. This is a Federal Law enacted in 1973. Under ERISA, you have the right to file a suit in federal court if your claim for disability benefits is denied by your insurance company. Unfortunately, unlike almost any other legal situation, under ERISA the disability insurance company will walk into court with an advantage. The ERISA disability insurance system and your disability policy, shaped by insurance company lobbyists in Washington D.C., is...

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Criminals have more rights than long-term disability claimants when giving a statement

The long-term disability/ERISA carrier has called you and asked you to give a statement or to come to your house. What are you going to do? First you really do need to retain an experienced Florida long-term disability/ERISA attorney like Nancy Cavey. We do not allow the long-term disability/ERISA carrier to contact you directly once you retain our services. The long-term disability/ERISA carrier wants to take your statement for the sole purpose of catching you in a trap that they are building, so that they can justify a termination of your long-term disability/ERISA benefits or to force you to settle your case...

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Everything you need to know about Your Doctor’s Role in Winning Your Long Term Disability ERISA Claim

Just because your doctor says your disabled doesn't make it so. And just because your doctor says your disabled, doesn't mean that the disability carrier is going to agree and accept your disability claim application. The long term disability insurance carrier is looking for objective evidence from your doctor about your diagnosis and objective evidence of your disability. Your history of complaints and symptoms, your findings on examination, and the results of objective medical testing are important to establish an objective basis for your diagnosis. There must be objective evidence of your functional restrictions to establish that you are, in fact, disabled....

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Are You Being Set Up for a Termination of Your Long Term Disability Benefits?

You fought long and hard to get the long-term disability benefits you deserve what the insurance company is already setting you up for termination of your long-term disability benefits. Unfortunately, it is not uncommon for long-term disability carriers to target high-paying cases or cases where the definition of disability will soon change for termination. The long-term disability carrier isn't going to call you up and say "Away we go!" No, they will probably send you a vague letter saying they're going to be doing a review of your case. They are not fooling and this is not fluffy letter. So, what are they...

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Will My Employer Help Me with My Long Term Disabiity or ERISA Claim?

Maybe! If your employer is self insured for short term disabiity, the money to pay you is coming from your employer's pockets. If you have a good claim and were a good employee, you might be paid your short term disability benefits. I have had cases where the employer has overridden a short term diabiility administrator's decision to deny benefits because the employer liked the employee. I have seen cases where just the opposite took place! Rarely will an employer work with you so you can keep your job after you have become disabled. Your employer provided you with a disability policy...

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How Your Employer and The Disability Insurance Companies Takes Advantage of the Disabled

Your employer and their disability insurance company will take advantage of you. They have  already taken advantage of you even before you become disabled! 1. The Disability Insurance Company Has Calculated The Profits and the Odds. One of the most interesting persons who works for a disability insurance company is an actuary. An acutary is an insurance bookie- they know the kinds of illness people have in the United States, at what age they develop these illnesses, how long the disability lasts, what other medical conditions are seen in this disabiling medical condition, and whether people with these kinds of disabling conditions...

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Claiming Disability Benefits – How to Avoid Falling into Insurance Company’s Traps

Claiming Disability Benefits - How to Avoid Falling into Insurance Company's Traps Mistake # 1 - Choosing the Wrong Date of Disability The insurance company's own definition of disability is contained within each policy, and is different in just about every case. Usually, it is a combination of the inability to work, and  the inability to earn wages. It may be important if you have to reduce the hours you work due to your disability, but your employer continues to pay your full salary. If you have a substantial impairment, but are still paid a salary, you may not be considered disabled...

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If Your Individual or ERISA Long Term Disability Policy Contains Any of These Clauses…You Should Be Concerned

The insurance company has the "discretion" to determine your benefits. You only get paid benefits if you can't perform "each and every" important duty of your job. The duties of your job are determined by the insurance companies' use of the “Dictionary of Occupational Titles,” and not based on how you have performed your job for your employer. Your benefits are limited to 24 months if your disability is caused, or contributed to in any fashion, by mental illness, depression, or anxiety. Your benefits are not payable, or can be limited, if your illness is fibromyalgia, chronic fatigue, chronic pain, or an illness in...

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