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How Long Term Disability Carriers Ignore Pain in Determining Own Occupation Eligibility

Many Long Term Disability carriers use the Dictionary of Occupational Titles, they search and stretch definitions of “sedentary” and “light,” close to the relevant plan definition.Additionally, carriers like Standard also ignore side effects of medication, sometimes concluding that you can discontinue the medication and be able to work.A Long Term Disability plan’s administrator abuses its discretion when it fails to consider how the side-effects of clients’ medication impacts the client’s ability to perform their own occupation. See Draby vs. Bell South Telecom, Inc, (89F3d, 755, 741 11th Circuit 1996).Some carriers even reject claims of side effects of medication because of...

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CIGNA’S Former Chairman Makes Out Like Bandit While Disability Applicants Suffer

CIGNA remains one of the most profitable long term disability insurance companies in the United States. Unfortunately, they’ve made their profits at the expense of Long Term Disability applicants.Did you know that CIGNA last year gave compensation packages worth more than $120 million to two executives who left the company. A majority of that total went to the former chairman and CEO H. Edward Hanway, who left this post with a retirement package of $110.9 million.Just think how many long term disability claims are improperly denied to fund this retirement package. If you are a CIGNA long term disability policy...

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Guardian Life Insurance Company Increases its Long Term Disability Benefits

The Guardian Life Insurance Company recently announced in April 2010 that they have reduced premiums for its Short Term Disability and Long Term Disability choice plans. They’ve raised the maximum Short Term Disability benefits to $1,500, and the maximum Long Term Disability benefits from $2,500 to $10,000.Despite reducing the premiums and increasing its coverage, purchasing disability insurance company can be difficult. Maybe people are attracted simply by the price of what they perceive the benefits to be if they become disabled. Reading the fine print in the Short or Long Term Disability policy is crucial. You can be robbed of...

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What Are the Stages of a Disability Claim?

The stages of a disability claim are:1.        Filing the initial claim. 2.        Responding to requests for information. 3.        Responding to the denial of benefits or lack of response. 4.        Managing the continuing claim. 5.        Negotiating a lump sum settlement. 6.        Filing a complaint with the applicable state insurance agency regulating the disability company. 7.        Filing a lawsuit when necessary.The disability attorneys at The Law Offices of Nancy L. Cavey are involved in all stages of this process and can assist you with dealing with the insurance company and the unfair and unlawful tactics that they use at every stage...

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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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Estate Planning for the Long Term Disability Claimant

At The Law Offices of Nancy L. Cavey, we urge our clients who are disabled because of their chronic condition to consider consulting with an estate planning attorney. Why? If you, for example have a chronic illness such as MS, Parkinson’s or even Alzheimer’s, you must have a plan and legal protections in place to protect you. This can include:1. Designating someone you trust to handle financial matters, if you are unable to manage your own affairs. 2. Selecting someone you trust to make healthcare decisions for you. 3. Communicating your health care wishes via a living will. 4. Have a will. 5. Creating...

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Cognitive Problems and Your MS Disability Claim

Cognitive problems can be devastating and impact your ability to function in the workplace. Unfortunately, many disability carriers don’t appreciate the cognitive problems that can be caused by MS. It’s vital that all of your symptoms of MS, including cognitive problems be fully explained in your medical records and documented in your activity of daily living forms you are requested to complete by the disability insurance company. Nancy Cavey, MS disability attorney, has written a free information guide on “23 Mistakes You Can Make When Preparing for Your Long Term Disability Statement and Field Visit.”If you are having cognitive problems,...

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Disability Claims and the Side Effects of Medication

It is not uncommon for disability insurance companies to cherry pick medical records and pick out on the medical records those things which they believe supports a delay or disability claims denial. At The Law Offices of Nancy L. Cavey, your Florida disability attorneys, we think it’s important that your medical records document any side effects that you are having with medication and their impact on your functioning.If, for example, you are a surgeon and you are having side effects from a cardiac medication you are taking for your cardiac disease, the side effects of the medication alone can limit...

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Court Rejects Reduction of Florida First Responder’s Wage Loss Benefits By Receipt of Pension

If a first responder has a permanent impairment rating of at least 20% after having reached maximum medical improvement, the first responder might be entitled to Florida workers compensation supplemental wage loss benefits.These are very valuable money benefits and, depending on your average weekly wage and compensation rate, could be in excess of $100,000. The  City of Miami Beach attempted to reduce those benefits by the receipt of a pension in the case of Wilder v. City of Miami Beach, 33 FLW D2436 (October 24, 2008) The First District Court of Appeal said “No!”F.S.  440.15(3)(b)1 says that a Florida first...

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Is Your Long Term Disability Carrier Threatening to Cut Off Your Benefits If You Don’t Apply for Social Security Disability?

A long term disability carrier will normally provide you with a “legal representative” that they hire. Did you know that the representative might not be an attorney; they might be a part of a nationwide company? The long term disability company is going to entice you to use their representative, with the suggestion that this is a “free benefit” of your long term disability benefit.Your long term disability insurance company isn’t telling you the truth. Are you surprised? You probably don’t realize that there is a clause in the long term disability policy that says if you are approved for...

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