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Surveillance Video and Life of a Long Term Disability Applicant

If you are applying for or receiving your Long Term Disability benefits, you should assume that you are being watched and video taped by the Long Term Disability insurance company. Video surveillance is being done in an effort to catch you doing activities that could be used against you.The Long Term Disability carrier is going to ask you to complete Activity of Daily Living forms. Florida based Long Term Disability attorney Nancy Cavey has written the go to free book for Long Term Disability applicants and recipients and how to fill out Activity of Daily Living forms.You should be discussing...

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Experienced Disability Insurance Lawyer in Florida

Disability Lawyer Nancy Cavey who has been practicing since 1980 has represented individuals with all types of disabling conditions in Workers Compensation, Social Security and Disability claims. She has a unique understanding of the diagnosis and treatment of medical conditions, the impact these conditions have on your ability to function in the workplace, and understands the medical and vocational causation.Long Term Disability carriers routinely deny disability claims on the basis of:1. No objective evidence of diagnosis2. No objective evidence of disability3. No evidence of causal relationship between the diagnosis and disability and your inability to work.Ms. Cavey has routinely worked...

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The 11th Circuits Standard of Review in a Denied ERISA Long Term Disability Claim – Is the Deck Stack Against You?

If your ERISA Long Term Disability claim is denied and you live in Florida, Georgia or Alabama, you need to be aware of how the Federal Court reviews Long Term Disability claim denials.Once you have exhausted your administrative remedies and the Long Term Disability carrier appears to deny your benefits, you have the right to sue in Federal Court for your Long Term Disability benefits. Unfortunately, there is no right to a jury trial and most Long Term Disability cases that are not settled, are resolved by the Federal Court in what is called a Motion for a Summon Judgment.The...

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What Should A Long Term Disability Lawyer Do for You?

The Law Offices of Nancy L. Cavey, who has been helping the disabled obtain their rightly owed benefits for almost three decades, are advocates throughout your time of need. As a Long Term Disability and ERISA lawyer, Nancy Cavey believes that her role is to:1.   Educate clients about the Long Term Disability claim and litigation process.2.   Gather written records and documents to support your claim, including medical employment records.3.   Perform an investigation of your claim including interviewing doctors and employers.4.   Read and analyze your Long Term Disability claim file.5.   Meet and confer with your doctors and other health care providers to full understand your medical condition.6.   Obtain...

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Denials of Long Term Disability Claims because of No Improvement in Your Medical Condition

Unfortunately it is not uncommon for Long Term Disability carriers to play games in Long Term Disability claims particularly when the policy definitions changes from own occupation to any occupation.Many times the Long Term Disability carrier will find that you are totally disabled from performing your occupation and pay Long Term Disability benefits but notify you that they will re-review your claim when your policy definition changes to “any occupation.” For example in Saffron vs. Wells Fargo & Company LTD Plan, 522f.3d863 (9th Circuit 2008), Mr. Saffron had an MRI in April of 2003 that should degenerative changes and remained...

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MD Guidelines and Your Long Term Disability Claim | Long Term Disability Lawyer Tampa

Did you know that there is a company called MD Guidelines, which is being advertised as an "essential tool for insurers who underwrite and manage disability and workers' compensation products"? MD Guidelines, has developed return to work guidelines through a "rigorous statistical analysis of over 2 million disability cases," and have been "reviewed by a panel of leading physicians to ensure recommendations that are fair, consistent and represent leading edge medical knowledge." Visit MD Guidelines.What they haven't told you is that a lot of these return to work guidelines are based solely on workers' compensation claims and not Long Term...

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The Material and Substantial Duties Game and Your Claim for Long Term Disability Benefits

Has your Long Term Disability benefit claim been denied because the Long Term Disability carrier says that you can return to the material and substantial duties of your own occupation? If so, you may have been set up by a Long Term Disability vocation rehabilitation counselor.More often that not, insurance company vocational evaluators don’t always know what your job was at the time that you became disabled and frequently don’t understand the material and substantial duties of your job, particularly as performed by your employer.If your Long Term Disability policy provides for the payment of Long Term Disability benefit based...

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Long Term Disability Denials Based On Vocational Opinions

In determining whether you are entitled to Long Term Disability benefits, the Long Term Disability carrier must determine whether or not your diagnosis and disability prevent you from doing your own occupation during the first twenty four months of your disability and any occupation thereafter.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...

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Vacations and Your Long Term Disability Claim

Many times I am asked by my Long Term Disability clients whether or not they can take a vacation and whether or not they may be risking denial of their Long Term Disability claim.As we know, Long Term Disability insurance companies aggressively use surveillance in both cases they are evaluating and Long Term Disability claims that have been accepted. They may try to contact you or send you forms for you to complete. If you don't return them or can't be found, Long Term Disability carriers are going to start aggressively looking at your Long Term Disability claim.Nancy...

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Why Long Term Disability Carriers Decisions Should Not Be Given Deference in Denying a Long Term Disability Claim

The Saffron vs. Wells Fargo & Company LTD Plan 209 US District Lexis 84152 (C.D.CAL. September 15, 2009), is one of my favorite cases. As a Long Term Disability attorney that deals with MetLife decisions denying claims, the Saffron case provided an interesting road map for determining whether or not MetLife should be given any deference in their denial decision.While this is a California case and not binding on the district courts in the 11th Circuit there are some interesting things to consider.The Saffron court noted that the district court could consider:1. Whether MetLife ignored Ms. Saffron’s complaints of pain,...

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