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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.The Long Term Disability carrier will ask your treating physician to complete a physical capacity form and address your restrictions and limitations. It is crucial that your doctor accurately fill out your ability to work taking into consideration your side effects of medication, fatigue, difficulty concentrating and pace.Sometimes treating physicians will be optimistic about your abilities and suggest that you can return to work on a trial basis with certain restrictions and limitations.If you do attempt to...

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Fibromyalgia and Chronic Fatigue Long Term Disability Claims: Proving Vocational Causation

It is not uncommon for Long Term Disability carriers to acknowledge that a Long Term Disability applicant who suffers from Chronic Fatigue Syndrome or Fibromyalgia is in fact disabled but yet they deny the claim for Long Term disability benefits on the basis that they are still capable of working.Long Term Disability Fibromyalgia and Chronic Fatigued denied claim lawyer Nancy Cavey, knows it is important to develop the medical evidence that fully explains your physical restrictions and limitations, side effects of medications and difficulty with concentration, pace and duration.One of the keys to establishing that there is a causation between...

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Fibromyalgia Long Term Disability Claims Three Things Every Long Term Disability Applicant Should Know

Nancy Cavey, Tampa/ St. Petersburg Fibromyalgia Long Term Disability attorney knows that there are three things that the Long Term Disability carrier is looking for in every Fibromyalgia Long Term Disability claim.First, there must be evidence to support the diagnosis of Fibromyalgia.Secondly, there must be evidence that your Fibromyalgia is causing certain physical restrictions and limitations that result in you being disabled.Thirdly, there must be casual relationship between your diagnosis and disability and your inability to work.Many people with Fibromyalgia are able to work, but there are others that are unable to work.It is important that the medical evidence being...

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Fibromyalgia and Your Claim for Long Term Disability Benefits/ Florida Long Term Disability Benefits Denied Lawyer

One of the most important things a Fibromyalgia sufferer can do is to know their Long Term Disability policy.Long Term Disability policies can exclude or limit claims involving Fibromyalgia or Chronic Fatigue. Some of these policies will actually exclude or limit the disease by specifically saying that Fibromyalgia of Chronic Fatigue is either excluded or benefits are limited to two years.Other policies will hide this limitation by using terms that limit Long Term Disability benefits for conditions that are primarily based on “self reported” symptoms.Unfortunately, the Long Term Disability policy doesn’t define “self reported.”Knowing what is in your policy can...

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Cardiac Long Term Disability Claims Denied as a Result of Vocational Opinions Florida Disability Claims Denied Lawyer

It is not uncommon for Long Term Disability applicants who have cardiac problems to be denied Long Term Disability benefits on the basis that they can return to their own occupation or any occupation within the national economy.Long Term Disability carriers will routinely use vocational evaluators to render an opinion that you are capable of returning to old job or some job in the national economy.If that, in fact, were true you wouldn’t be applying for Long Term Disability benefits.People who have heart conditions are evaluated under a permanent impairment guide that is based on your cardiac functionality. There are...

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Long Term Disability Carrier’s Use of Vocational Experts in Claims Denials

I am sure that you have never heard of a vocational evaluator. Unfortunately every Long Term Disability applicant is going to get an education about vocational evaluations and their impact on your Long Term Disability claim.A vocational evaluator will try to determine your residual functional capacity by reviewing your medical records. Your residual functional capacity is a disabled persons remaining physical and mental work potential even in spite of their disabling condition.It is very important that your doctor accurately fill out a residual functional capacity scale so there is no question in the vocational evaluators mind about your restrictions and...

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Surveillance Video and the 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 about how to fill out Activity of Daily Living forms.You should be discussing with...

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Long Term Disability Claim’s Denied Video Tape and Your Treating Physician

If the Long Term Disability carrier is thinking about denying your claim for disability benefits they may put surveillance on you. If you claim that you have difficulty bending, stooping and lifting and investigators obtain videotape of you washing your car, bending and polishing or wiping your car dry. You have a problem.You haven’t been truthful with either the Long Term Disability carrier or your physician.The Long Term Disability carrier will provide your doctor with a copy of the videotape and ask them to comment on whether or not your physician still feels that you are disabled.Needless to say, your...

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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 because “there is no evidence that demonstrates that a Long Term Disability applicant can perform at 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...

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Is There a Statute of Limitations in ERISA Cases?

ERISA doesn’t provide for a statue of limitations for suites under section 502(a)(1)(b) to recover benefits. The federal court looks at the most closely analogous statute of limitations, unless the Long Term Disability contract has a specific limitations.In otherwords, the ERISA plan is nothing more than a contract. Under Florida Law, if the policy language can be given more than one interpretation the insurance policy is consider to be confusing and ambiguous. There has to be interpretability in favor of the policy holder.So here’s a test? Lets say your Long Term Disability policy says that: no legal action of any...

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