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Long Term Disability Denials Based on Your Failure to Show Medical Improvement

Many Long Term Disability policies, such as Reliance Standard, require a showing of continued eligibility and they can ask for periodic updates to make sure that you continue to be eligible for Long Term Disability benefits.The three common reasons that Long Term Disability claims are denied or suspended is that the Long Term Disability applicant can’t:Show objective evidence of diagnosis Show objective evidence of disability Show objective evidence of the disability impact in your ability to do the material duties of your occupationLong Term Disability carriers will suspend the payment of disability benefits in part, based on what you put on your...

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Rebutting Potentially Damaging Surveillance Video and Your Long Term Disability Claim

Long Term Disability carrier’s like to collect premiums but don’t like to pay Long Term Disability benefits. One of the tools that they use to justify denial of Long Term Disability claims is surveillance.Many times, Nancy Cavey, Tampa Bay Long Term Disability attorney, finds that the Long Term Disability carrier does not submit all of the surveillance reports to their peer review independent medical examiner or even your treating physician for review and comment.If your claim has been denied as a result of video surveillance, Long Term Disability claim lawyer Nancy Cavey can secure a copy of your file including...

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The Many Mistakes Vocational Evaluators Use in Long Term Disability Cases

Long Term Disability carriers routinely use vocational evaluators to determine whether or not you can return to your former job or there is a job that exists in the national economy. Vocational rehabilitation counselors eager to please the Long Term Disability insurance company, make a number of errors in reaching a favorable Long Term Disability insurance opinion.These mistakes include:1. Failing to understand the extent of your medical condition and the restrictions and limitations that you may have as a result of depression, fatigue, pace, concentration.2. The opinions of functional capacity evaluators who determine the true extent of your physical restrictions...

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Dealing with the Insurance Carrier: Your Medical Records and Your Long Term Disability Claim

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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Long Term Disability Carriers Team Approach to Denying Your Long Term Disability Claim

Have you ever wondered how the Long Term Disability carrier goes about evaluating a Long Term Disability claim? They allegedly have “professional disability management teams.” These can consist of a “disability claims managers, disability management services and Social Security assistants.”What is a disability claims manager? That’s a person who is supposed to work with a disability claims management team that consists of their medical directors, clinical experts, Social Security specialists and other staff, who will evaluate your entitlement to benefits and quite frankly, how they will deny your benefits or reduce their exposure.Disability management services do that by developing “relationships...

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Tactics Used to Delay or Deny Long Term Disability Claims

At The Law Offices of Nancy L. Cavey we represent claimants against disability insurance companies at all stages of the disability process. Long term disability insurance companies use a number of tactics to deny or to delay claims. These include:1.     Failing to explain to you all your rights under your disability policy.2.     Making endless requests for employment, medical or other documentation or information.3.     Failing to tell you about the appropriate deadlines, which, if ignored, can result in the loss of your benefits.4.     Using in house medical or vocational evaluators to cherry pick your medical or vocational records as a reason...

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Long Term Disability Insurance Company Peer Review Scams

Long Term Disability carriers only need a reason to deny your disability benefits and, the way they get that reason is to send your file to a handpicked peer review doctor. They will use firms that are set up all over the United States who have recruited doctors to review your medical records and write a report. Guess who’s making the money! First, it’s the peer review or company who hires these peer review doctors and ostensibly, trains them. They are trained to never use the work “disabled” and to always determine that the claimant is capable of working in...

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Own Occupation Claim for Long Term Disability Benefits and Fibromyalgia

Your Long Term Disability policy may provide that you are entitled to disability benefits if you are unable to engage in your own occupation. It is important that you first understand how the Long Term Disability carrier defines “own occupation.” The Long Term Disability carrier may define your “own occupation” as the occupation you are performing for your employer, the occupation as it is performed in the local economy or the occupation as it is performed in the national economy. Note that we are not talking about a new way to do your job or how the job is performed...

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Fibromyalgia and Your Long Term Disability Claim Part 1

Introduction and the Three Things Every Fibromyalgia Disability Applicant Should KnowThere are three things the Long Term Disability carrier looks for in every Fibromyalgia Long Term Disability claim:1.     Objective evidence of the diagnosis of Fibromyalgia2.     Objective evidence that Fibromyalgia is causing physical restrictions and limitations that result in you being disabled.3.     A causal relationship between your diagnosis and disability and your inability to work.The Long Term Disability carriers know that there are many people with Fibromyalgia that are able to work and unfortunately, they evaluate Fibromyalgia claims through that mindset.Is Your Fibromyalgia Condition Covered in Your Long Term Disability policy?One...

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Sleep Apnea and the MS Patient’s Claim for Long Term Disability Benefits

If you suffer from MS and are having difficulty with your long term disability claim, Nancy Cavey, experienced long term disability MS attorney, suggests that part of the problem you might be having is your failure to fully explain all the problems that you have as a result of your MS. This can include difficulty walking, balance and coordination. However, obstructive sleep apnea is a common sleep disorder among people with MS.Many people with MS, also have bladder problems which means that there are in and out of bed frequently. They may also have restless limp syndrome, or periodic limb...

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