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Long Term Disability Claim Denial Because “You May Be Able to Perform Your Past Prior Work or Other Work”

Unfortunately, Long Term Disability insurance companies deny claims for all sorts of reasons, however, Nancy Cavey, ERISA Long Term Disability denied lawyer, often sees denial letters which contain the language that your claim was denied "there is no evidence that demonstrates that a Long Term Disability applicant can perform a certain exertional level and remains able to perform your past, prior work or other work as proposed." What does that mean? Long Term Disability carriers routinely will determine, based on a review of your medical records, or an analysis of your medical records by an in house nurse or peer...

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Long Term Disability Benefits and Your Records | Long Term Disability Denied Lawyer in Tampa Bay

When you apply for Long Term Disability Benefits, your Long Term Disability carrier will ask for your medical records. However, the Long Term Disability carrier will not tell you what medical records are the most important in your disability claim. There are three types of medical records each of which can result in a denial of your Long Term Disability claim, or an approval.1. Chart NotesWhen you go to see your physician, a nurse or assistant will take information regarding your complaints, symptoms, medications and perhaps the difficulty of how you are functioning.Chart notes are important because Long Term Disability...

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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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