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The Initial Application for Short Term or Long Term Disability Benefits Can Make or Break Your Case

long term short term disability cases

Completing your initial application without consulting a disability attorney is a setup for failure. You should formulate a plan of attack for winning your long term disability claim before you willy nilly complete an initial disability application with hopes that your carrier will Fedex a disability check to you.Applications often contain vague questions that are misleading or will bait you into submitting incomplete information. Worse yet, having an irregular disability policy you don’t even know the standard proof you need to establish to show that your disabled as a result of your medical condition.You will also be asked to have...

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Don’t Let Your Personal Injury Claim Destroy Your Social Security Claim

disability claim for personal injury claim

You may have been injured in an automobile accident or slipped and fell through no fault of your own. Did you know that you have the right to bring what’s called a personal injury claim against the person responsible for your injuries. A personal injury claim is a claim that you bring against the person who caused your injury or the insurance company. However, sometimes the medical evidence that is gathered during your personal injury claim can be harmful and even destroy your Social Security Disability claim.How can that happen? After you recover, your physician is going to be asked...

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Tricks Long Term Disability Carriers Will Use to Deny Your Claim for Disability Benefits

long term disability carrier tricks

Many long term disability carriers will use a paper review of your file conducted by its internal medical personnel to determine whether or not there is:1. An objective basis of your severe diagnosis.2. An objective basis for the restriction of limitations that have been assigned.3. A causal relationship between your diagnosis and or restrictions limitations in your inability to perform your own occupation.It is not unusual for long term disability carrier’s medical personnel to determine your records do not indicate an inability to return to work.Next weapon that long term disability carriers will use is a functional capacity evaluation to...

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Personal Injury Claims and Your Rights to Social Security Disability Benefits

personal injury claim social security disability

You might have been involved in a motor vehicle accident that has resulted in injury to you that prevents you from working. You can bring a personal injury claim against the person or the insurance company because of your injury.You may be entitled to collect both Social Security Disability benefits and sue for personal injury. Your personal injury benefits will not be used to reduce your Social Security Disability benefits.To learn more about your personal injury claim and your rights to Social Security Disability benefits, contact Tampa Bay Social Security Disability attorney Nancy Cavey who can work with you and...

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New Therapeutic Treatment and Multiple Sclerosis

Multiple Sclerosis treatment disability

Multiple Sclerosis (MS) is a potentially debilitating disease that causes inflammatory damage around the axons of the brain and spinal cord. This damage to the myelin sheath called the “demyelination” can cause loss of sensitivity, tingling, pins and needles, numbness, muscle weakness, spasm, difficulty moving with coordination, balance, speech and digestive problems.For the last 20 years Beta Interferons have been prescribed for patients with multiple sclerosis. Unfortunately, a study at the University of British Columbia indicates that Beta Interferons may actually have no measurable impact on the progression of the disease. As a result, new therapeutic measures are being explored....

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Do ERISA plans have to abide by Social Security Disability benefit award?

ERISA plans

No, the United States Supreme Court in MetLife vs. Glen, 554 US 105 (208), was troubled when MetLife encouraged Mr. Glen to apply for Social Security Disability benefits, reduced his long term disability benefits by the receipt of the Social Security benefits and then ignored the Social Security finding entirely in denying the long term disability benefits.Many ERISA plans require claims to apply for Social Security Disability benefits and they even provide legal assistance to provide those benefits. Since the Glen decision, many long term disability insurance companies have been careful to reconcile the Social Security determination with their ultimate...

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Why Should I Appeal the Denial of my Disability Benefits?

You purchased a long term disability policy to provide you and your family peace of mind. Unfortunately, long term disability carriers are not in the business of paying disability benefits to their policy holders. They would rather collect the premium. So, what happens after you have submitted your claim and you have been denied? There are two reasons why you should appeal the denial of your disability benefits. Why?1. Your appeal is your last chance to submit evidence of your disability.You can actually get a copy of your file from your disability carrier which will help you determine the real...

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What is an ERISA Appeal?

If you’ve purchased a long term disability insurance policy through your employer, it, most likely, is governed by the ERISA law. ERISA is a pro insurance federal law which requires that you submit an ERISA appeal if your claim has been denied. Generally speaking, an ERISA appeal is your only opportunity to submit additional information in support of a denied claim.Simply writing a letter saying that your appealing the decision or sending a letter from your physician saying that you are disabled wont win your appeal. It is crucial that the appeal addresses the myriad of reasons that long term...

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Chemotherapy, Breast Cancer, and Your Rights to Long Term Disability Benefits

breast cancer long term disability

Dr. Jim, of the Moffit Cancer Center, has recently published an analysis of how Chemotherapy effects cognitive functioning in Breast Cancer survivors in the Journal of Clinical Oncology. It’s not uncommon that patients that are undergoing Chemotherapy for Breast Cancer experience some kind of cognitive impairment and Dr. Jim’s studies indicate that the cognitive impairment persists even through the end of treatment.The long term effects of chemotherapy include difficulty finding words and lapses in visual spatial abilities. In some groups of patients, changes in both the brain structure and function.If you have been diagnosed with breast cancer or have cognitive...

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Social Security Administration Cutting Customer Service Hours

Can you believe it! There is almost a 16 to 18 month wait to get Social Security Disability benefits in the Tampa area, yet, the Social Security Administration is going to be cutting it’s hours of operation at it’s 1,233 field offices for a second time in the last two years.Shorter hours at Social Security offices shortchange Social Security Disability applicants. The administrative costs to run a Social Security Disability office are paid from the same trust fund that provides Social Security Disability benefits to 56 million Americans. Social Security spent $11.4 billion on administration costs this year.Nancy Cavey, Tampa...

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