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How Developing Your Exertional and Non-exertional Limitations Can Help You Win Your Long Term Disability Claim

non exertional limitations

Many long term disability carriers will deny policyholder’s claims on the basis that there isn’t an objective basis for any physical restrictions and limitations and/or there is no causal relationship between those restrictions and limitations and your inability to your own occupation or any occupation.It’s crucial that you develop both the exertional and non-exertional limitations that affect your ability to your own or any occupation. Exertional limitations for Long Term Disability Claims Exertional limitations affect your ability to do the physical demands of the job. Most exertional limitations are strength related and they affect your ability to:• Sit; • Stand;• Walk; • Lift; • Carry; •...

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What Every Social Security Disability Applicant Must Know About Non-Exertional Limitations

non exertional limitations

In evaluating your claim for Social Security disability benefits, the Social Security Administration (SSA) will consider how your exertional and non-exertional limitations affect your ability to work. Residual functional capacity forms.Residual functional capacity forms (RFC) are detailed reports your physician completes that discusses how your impairments impact your ability to perform work related activities. The Social Security Administration has never told you about these forms! Your doctor probably doesn’t have one in their office.Having a properly completed residual functional capacity form is crucial to winning your Social Security disability claim. Exertional limitations Many Social Security disability applicants have exertional limitations that impact their...

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Your Plan for Long Term Disability Benefits and a Functional Capacity Evaluation

functional capacity evaluation disability

One of the best ways to establish your functional restrictions and limitations is a functional capacity evaluation. However, all to often, long term disability carriers use functional capacity evaluations as a basis to deny claims.Many long term disability carriers will deny claims on the basis there is no objective basis for the physical restrictions and limitations assigned by your physician. The long term disability carrier will request a functional capacity evaluation to determine the validity of your subjective complaints and prove you can work. What is a functional capacity evaluation? A functional capacity evaluation is a 3 to 5 hour comprehensive evaluation...

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How Your Doctor Can Help You Win Your Long Term Disability Claim

Doctor Long Term Disability Claim

The long term disability carrier will send your doctor a physician disability form to complete which asks questions about your physical restrictions and limitations. Unfortunately, there is no routine form and many of the forms are designed so that your physician will ultimately opine that you’re capable of sedentary work. Why? The long term disability carrier wants to deny your claim. If the form that your doctor has been sent by the long term disability carrier simply doesn’t address all of your restrictions and limitations, have your doctor document on the form what, in fact, your restrictions and limitations...

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Long Term Disability Claims For Leukemia

Leukemia is a form of cancer of the bone marrow that can cause fatigue, weakness and bone pain. If you have a long term disability policy through your employer or you purchased one on your own, you may be entitled to long term disability benefits if your physician has told you that you are unable to work.Acute Leukemia There are over 10,000 cases of acute leukemia (acute myelocytic leukemia or AML) diagnosed yearly in the United States. One third of the patients have a mutation of the FLT3 gene which produces abnormal enzymes that drive the production of leukemic cells. Experimental...

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What is the difference between Social Security’s definition and a long term disability definition of disability?

The Social Security Administration uses a five step sequential evaluation, the five step sequential evaluation asks whether or not you have engaged in gainful activity, whether you have a severe impairment, meet a listing, whether you can return to the work that you did in the past and whether you are capable of performing other work in the national economy based on your age, education and transferable skills.On the other hand, each long term disability policy has their own definition of disability that generally the definition is the inability to engage in the material and substantial duties of your occupation.The...

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How Does the Government Shutdown Affect My Disability Claim?

government shutdown social security disability claim

Many have wondered how the Government Shutdown will affect their disability claims. While the shutdown will limit the services that the Social Security Administration (SSA) will offer, the good news is they will continue to make payments as scheduled.The SSA will remain open for the following functions:Applications for benefits Requesting an appeal Changing your address or direct deposit information Accepting reports of death Verifying or changing your citizenship Replacing lost or missing Social Security Payment Issuing a critical payment Changing a representative payee Processing a change in your living arrangement or income (SSI only) The hearing office will remain...

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What Proof Does SSA Require to Establish a Medically Determinable Impairment of Fibromyalgia?

SSA has issued Social Security Ruling SSR-12-2p for the evaluation of fibromyalgia in disability claims. Nancy Cavey, fibromyalgia disability attorney hopes that this ruling will result in a proper evaluation of fibromyalgia by Administrative Law Judge’s.Fibromyalgia will be considered a medically determinable impairment when it is established by appropriate medical evidence.Under SSR-12-2p a claimant who alleges disability cased on fibromyalgia must:1. Be diagnosed by a licensed physician (medical or osteopathic doctor). 2. The doctor must have reviewed the person’s medical history and conducted a physical examination. 3. The medical records must document the claimant’s symptoms over time. 4. The diagnosis must be consistent...

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Social Security Ruling on Fibromyalgia

Those diagnosed with fibromyalgia had a difficult battle proving that they are entitled to Social Security Disability benefits because of the lack of objective medical findings. Over the years the Social Security Administration’s position has evolved and in 1999, SSA issued Social Security ruling (SSR (99-2p)) that provided that claimants with fibromyalgia could be evaluated under the criteria for chronic fatigue syndrome. Despite this directive, ALJ has continued to deny claims based on fibromyalgia finding that Social Security Disability applicants were not credible when there was no medical diagnoses or that the claimants occasional daily activities conflicted with their allegations...

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What Happens After Your ERISA Law Suit has been Filed?

You purchased a long term disability policy to provide you with peace of mind. But, when you least can afford it, your disability carrier has denied your benefits and has rejected your appeal.Your next and only recourse is to higher a long term disability attorney to sue your long term disability carrier. Your attorney will file what is called a complaint which outlines the facts of your case and why you are entitled to benefits. There generally is no activity for 60 to 90 days after a claim is filed. Why? The complaint is filed and then served on a...

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