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Cardiac Case Law – The Punsky Decision Update

The Carrier in the blockbuster Punsky decision, which gutted the Employer/Carrier’s favorite risk factor defense, has filed a Motion for Re-hearing asking the First District Court to change its mind. I doubt the court will agree but I will keep you updated.If you have questions about your First Responder Heart and Lung case or questions about your Florida workers’ compensation benefits, contact Nancy Cavey, a St. Petersburg board certified worker’s compensation lawyer who specializes in representing first responders....

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Florida First Responder Workers’ Compensation Benefits – Permanent Total

One of the most important Workers’ Compensation benefits you can claim is permanent total disability benefits. A claim for permanent total disability benefits for dates of accident after October 1, 2003 is based on whether you’re functional capacity for work is less than sedentary.It is important to determine your functional capacity as a first responder and your functional capacity to do less than sedentary work in the labor market. One of the ways to prove your functional capacity is to undergo exercise testing.There is a very important article from Circulation, a Journal of The American Heart Association on any assessment...

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If You Don’t File for Social Security Disability Benefits, You May Jeopardize Your Right to Long Term Disability Benefits

Most Long Term Disability policies require that you apply for Social Security Disability benefits. If you don’t, the Long Term Disability carrier will take the position that you are in fact, receiving Social Security Disability benefits and reduce your benefits accordingly.If there is a clause in your Long Term Disability policy that requires you to apply for Social Security Disability benefits you should immediately contact an experienced Long Term Disability and Social Security Disability attorney, such as Nancy Cavey, who can help you coordinate the application for those benefits and help develop the evidence that will get you both...

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A Blue Print for Overturning a Long Term Disability Denial of Benefits After Six Back Surgeries

Can you believe that a long term disability carrier could terminate long term disability benefits of a policy holder who had sciatica and six back surgeries? Having had lower back surgery, I know the severe pain that you can have with sciatica and herniated disc.    UNUM, as usual, had the claim reviewed by their physician and an “independent medical evaluator”. In Schuermann v. Unum Life insurance Company of America, 2010 US App Lexus 13716 (5th Circuit July 6th, 2010), the appellate court reserved Unum’s denial on the basis that the:Insurers’ company physician, on two occasions in his report, misinterpreted the employers...

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Massage Therapists and Long Term Disability Claims

The Law Offices of Nancy L. Cavey represents a self employed massage therapist who sustained a rotator cuff tear, which required numerous surgeries. Unfortunately, the long term disability carrier is denying his claim for benefits for many reasons. During the course of the claim, before they retained the services of Nancy Cavey, the adjuster asked that a statement be taken from the massage therapists, these questions included: “Please discuss their business; is their business still operation; it’s our understanding they have a partner, please discuss; do they go to their place of business; discuss their return to work plans; please also comment...

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Carpal Tunnel Syndrome and Your Rights to Long Term Disability Benefits

Carpal Tunnel Syndrome is a painful condition that is caused by the entrapment of a median nerve as it passes through part of your wrist called the carpal tunnel. This condition can case swelling of the hand and the wrist and it is not uncommon to see this condition develop as a result of keyboarding activities.Even prolonged exposure of the wrist to vibration can cause Carpal Tunnel Syndrome.People with diabetes, rheumatoid arthritis and other medical conditions can also develop Carpal Tunnel Syndrome.Carpal Tunnel Syndrome can be so painful that you are unable to do your own occupation particularly...

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The Long Term Disability Carrier Asked Me Where I Filled My Prescriptions… Why?

Q: The Long Term Disability Carrier asked me where I filled my prescriptions, why?A: Great question! Long term disability carriers have access to investigators who will canvas pharmacies near your home to determine whether or not you are getting your prescriptions filled and, what prescriptions you are getting filled. Since you've signed a medical release, they'll use your release to get that information. At The Law Offices of Nancy L. Cavey, we restrict our client's signature on medial releases to prevent this kind of abuse....

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Long Term Disability | Peace of Mind | St. Petersburg Disability Attorney

Nancy Cavey on YouTubeSt. Petersburg | Tampa Bay Florida Disability Attorney Nancy Cavey Talks about: Collecting benefits from long term disability insurance companies is stressful, difficult and emotionally challenging because, after all, you are disabled. If you are filing a claim, contact Nancy Cavey at caveylaw.com or call 727.894.3188....

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Depression and Your Rights to Social Security Disability Benefits

If you are suffering from depression, you may be entitled to Social Security Disability benefits.The Social Security Administration uses a five step sequential evaluation to determine entitlement to every claim for Social Security Disability benefits but, a claim for depression is different.If you are suffering from depression and are unable to work, you must prove the following:1. Your depression must prevent you from doing any kind of work for at least twelve months.2. Your depression must be considered severe.3. You must meet a listing under the Social Security Administration rules for depression. If you don’t, as most people don’t, you...

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Carpal Tunnel Syndrome and Your Rights to Long Term Disability Benefits

Carpal Tunnel Syndrome is a painful condition that is caused by the entrapment of a median nerve as it passes through part of your wrist called the carpal tunnel. This condition can case swelling of the hand and the wrist and it is not uncommon to see this condition develop as a result of keyboarding activities.Even prolonged exposure of the wrist to vibration can cause Carpal Tunnel Syndrome.People with diabetes, rheumatoid arthritis and other medical conditions can also develop Carpal Tunnel Syndrome.Carpal Tunnel Syndrome can be so painful that you are unable to do your own occupation particularly if your...

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