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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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Functional Capacity Evaluations and Your Claim for Long Term Disability Benefits

If you have been scheduled for a functional capacity evaluation you be can sure it’s because the Long Term Disability carrier doesn’t agree with what your treating physician says about your restrictions and limitations.If you have been scheduled for a functional capacity evaluation call Nancy Cavey, an experienced Long Term Disability ERISA claims denied lawyer in Florida today at 727-894-3188....

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Outrageous Conduct by LINA and CIGNA in Denying Claims for Long Term Disability Benefits

Unfortunately, it is not uncommon for Long Term Disability carriers to have their adjuster, nurse case reviewer, or their medical reviewer call your treating physician and attempt to get them to say that you are able to work. More often than not, Long Term Disability insurance companies, such as LINA/CIGNA’s medical reviewer will distort or misrepresent what your treating physicians had to say.As a result, Fort Myers, Naples, Sarasota Long Term Disability attorney Nancy Cavey routinely revokes the releases her Long Term Disability clients sign to give the Long Term Disability insurance companies such as CIGNA, the ability to speak...

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CIGNA Featured in ABC News Article About Claims Practices and Denying Long Term Disability Benefits

Florida based Long Term Disability ERISA lawyer Nancy Cavey, is aware of an industry wide Long Term Disability carriers practices of deliberately delaying benefits. CIGNA was recently featured in a Good Morning America “Gets Answered” story in April 2008 about CIGNA’s denial of Long Term Disability benefits of Susan Kristoff from West Palm Beach, Florida who had spent two years trying to get her benefits. During the course of ABC’s investigation CIGNA reversed their denial and paid her claim.More importantly, after the story, Good Morning America was “flooded with e-mails from viewers across the country, who said they too had...

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Signing a Medical Release in Your Long Term Disability Claim

It is not uncommon that Long Term Disability carriers will ask that you sign medical releases letting them get your medical records. Unfortunately, all too often, this medical authorization is too broad. It will allow them to contact other insurance companies, the Medical Information Bureau, Disability Income Records System and Health Claims Index. These are databases of information shared by insurance companies and they will secure your records in an effort to deny your claim for disability benefits.At The Law Offices of Nancy L. Cavey we object to these over-broad releases and crack them, so they only allow the insurance...

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Your MetLife Long Term Disability Claim and Social Security Benefits

MetLife has written an interesting article that has some basic overviews of Social Security questions and answers. While the information is helpful, you need to understand that MetLife requires you to apply for Social Security Disability benefits as part of your Long Term Disability claim.While they try to explain the benefits as to why you should apply for Social Security Disability benefits, they really don’t make is clear that your Long Term Disability benefits will be reduced by MetLife once you’ve received Social Security Disability benefits.They also recommend that you call MetLife to discuss hiring an attorney to represent you...

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Dr. Gerson and Your Long Term Disability Claim

Dr. Gerson is a well-known psychiatrist in the Long Term Disability world who makes millions doing part time reviews for companies like UDC. Dr. Gerson MO is clear, as revealed in an article “Doctors Paid to Aid Insurers in Disability Claim’s Denial” by Evan George.Mr. George noted that Prudential Claims uses Dr. Gerson to perform medical reviews as an independent contractor. According a Prudential Claims worker, Dr. Gerson tells them how to successfully deny claims including that of a woman with a brain tumor. Dr. Gerson will suggest surveillance and/or having neuropsychological examination among other tests.The Long Term Disability carrier...

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Hartford Insurance Company and the University Disability Consortium

Long Term Disability carriers need a “legitimate” reason for denying your Long Term Disability claim and nothing stops them from buying such an opinion. According to an article, “Doctors Paid to Aid Insurers in Disability Claims Denial” by Evan George of the Daily Journal, the Hartford “alone paid University Disability Consortium more than $13 million between 2002 and 2007 for ten thousand reviews.” The insurer “provided 75% of the firm’s income in 2006.” Further, the article reveals that UDC initially charged a rate of $300 an hour, but has subsequently “dropped the price to $225 for the Hartford in a...

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Multiple Sclerosis and Your Long Term Disability Claim

In Multiple Sclerosis there are a number of mobility challenges you may experience because of weakness, spasticity and balance problems.Weakness is often accompanied by a stiff and heavy feeling in your legs. This weakness and spasticity in your trunk and legs can reduce your balance. It’s important that your medical records and physical therapy notes document the problems that you are having with weakness, spasticity, and balance problems, as those are important parts of your functionality....

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Surveillance Pre-Texting and Your Claim for Long Term Disability Benefits

Sometimes investigators will conduct a pretext contact before beginning surveillance. That will include a telephone call to your house, or even contact with your neighbors.Some surveillance companies will go so far as to even call your doctors, place of employment or any other place that you regularly associate with to determine if you are present. They also in the context of this call or contact will ask questions about your activities so that they can be better prepared to conduct surveillance.Be careful of calls that you might receive from people you don’t know asking questions about whether you are home...

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