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How Does A Short or Long Term Disability Policy Holder Find Out About Their Disability Benefits

ERISA plan fiduciary attorney

Did you know that if you purchased a short or long term disability policy through an employer, (other than a government or church employer), the ERISA statute requires that your employer or Union act as a fiduciary? What Are The Duties Of A Fiduciary? Your employer or union must provide information about benefits when you ask for it in writing. In fact, plan administrators, employers or unions who provide benefits, must provide a copy of the plan documents to you if you make a written request for the documents. If they don't provide you with the plan documents, they can be subject to...

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The Six Type Of Forms That Every Social Security Disability Applicant Must Complete When They Apply For Social Security Disability Benefits

Forms Documentation Required For Social Security Disability Benefits

Applying for Social Security Disability benefits is a lot of work. There isn't any way around it. The Social Security Administration (SSA) requires 6 different types of documentation during the application process. Before you apply for benefits you should gather this information. Better yet, consult with an experienced Social Security Disability attorney like Nancy Cavey who can help you gather the information and complete the forms correctly. What Is The Documentation Required For Social Security Disability? 1. The Disability Report SSA asks that you complete a disability report that will provide the SSA with information about your medical condition, the treatment you have...

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Three Myths That Every Social Security Disability Applicant Shouldn’t Ignore

Three Myths Social Security Disability Applicants

There are many myths that I hear from Social Security Disability Applicants. I am a myth-buster! Some of these myths include: Myth #1: My Social Security Disability Benefits will equal what I'm currently making. Fact: No! The amount of your Social Security Disability benefits is based on your earnings record but there is a maximum payment of $2,687.00 which changes every year. According to statistics the average currently monthly payout is $1,171.00. Even if you made a million dollars a year, your maximum Social Security Disability benefit would be $2,687.00. Myth #2: My Social Security benefits will start as soon as I apply. Fact: If...

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What Every Short Term Disability Applicant Needs To Know About Self Funded Benefits

Self Funded Short Term Disability Benefits

Did you know that there are two ways that an employer can fund short term disability benefits? The first is to purchase a short term disability policy and the second is to be self funded. In other words, the employer fund the short term disability benefits. However, the employer may self administer the program or hire an administrator. It's important to understand that many short term disability claims are denied at the get-go or cut off during the short term disability period. This is a strategy that's employed to make it harder to appeal a denial. Why? Many policy holders will give up and...

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Lupus Symptoms That Every Long Term Disability Carriers Expect To See In A Policy Holder’s Medical Records

Long Term Disability Policy Holder’s Medical Records Lupus

Lupus patients can have a long hard fight to get the long-term disability benefits they deserve. They key to winning long-term disability benefits for Lupus is in your medical records. What Your Medical Records Should Document About Your Lupus Your records should document the following symptoms and how they impact your ability to function: Low-grade fevers which are not attributed to other illnesses, Rashes or lesions particularly before a flare up, Oral ulcers, Enlarged lymph nodes, Chest or muscle pain, Kidney problems, Pulmonary problems, Swollen joints, Gastrointestinal issues, Thyroid issues and Fatigue. How To Document Your Fatigue Fatigue is the most common symptom of...

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First District Court of Appeal Issues Blockbuster Decision Holding That A Single Report of Elevated Blood Pressure At A Pre-Employment Physical Isn’t Evidence of Hypertension

First District Court of Appeal Hypertension Disability Claim

First responders can establish the compensability of their hypertension or cardiological disease under the statutory presumption in the Florida Heart and Lung Statute 112.18(a)(2015). However, to do so, the law enforcement officer must "have successfully passed the physical examination" which failed to reveal "any evidence of any such condition". A Single Report of Elevated Blood Pressure Isn't Evidence of Hypertension In the blockbuster case of City of Tavares v. Harper, entered by the First District Court of Appeals on October 24, 2017, the First DCA found that a single report of elevated blood pressure at a pre-employment physical does not constitute evidence...

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The 3 Myths and 3 Facts About Social Security Disability Insurance That You Need To Know

Social Security Disability Insurance Myths Facts

As a Social Security Disability attorney, I hear many myths about the Social Security Disability claims process. Unfortunately, many people believe these myths and do nothing. Here are some myths that need to be blown out of the water: Myth #1: Everyone's Social Security Disability application is denied. Fact: About 2/3 of the initial and request for reconsideration are denied, but at the end of the day, over 50% of those who apply for Social Security Disability benefits and keep at it get their disability benefits. Myth #2: You don't need a lawyer to get your Social Security Disability benefits. Fact: Well, it's a...

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What Testing Does the SSA Want to See in an Cardiovascular Impairment Social Security Disability Claim?

Cardiovascular Impairment Social Security Disability Claim

[vc_row triangle_shape="no"][vc_column][vc_column_text]The Social Security Administration (SSA) wants to see an objective basis of the diagnosis, particularly if you are attempting to meet a cardiovascular listing 4.00. What are the two pieces of medical evidence required? You must establish that you have persistent and recurrent cardiovascular problems. As a result, the SSA will look at your medical records for a minimum of a three month period to evaluate the severity and duration. Assuming that your medical records document your cardiovascular treating the Social Security Administration is going to be looking for two critical pieces of evidence: (1) ECG: Electrocardiograph/Electrocardiogram and, (2) ETT: Exercise Tolerance Test/Exercise Stress...

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Why Do Insurance Companies Deny Short Term Disability Benefits or Cut Off Benefits During The Short Term Disability Period?

Short Term Disability Period Denial Insurance Company

Unfortunately, it's not uncommon for disability insurance carriers to deny a short term disability claim, or cut off a policy holder during a short term disability period. Why? Most of these policy holders also have long term disability insurance and that creates a significant exposure to the long term disability insurance carrier. The disability carrier is hoping that you get discouraged and don't file an appeal and/or fail to even apply for your long term disability benefits. Why Do Disability Insurance Carriers Deny Short Term Disability Claims I believe that disability insurance companies set up short term disability denials to make it...

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The Three Ways Your Social Security Disability Benefits Can Be Garnished Depending on Who You Owe

Social Security Disability Benefits Garnished Florida

Many Americans rely on their Social Security Disability benefits and believe that it's untouchable! That's not true. It is possible that a portion of your Social Security Disability benefits can be garnished or seized by the Federal government. What Are The Three Ways My Social Security Disability Benefits Can Be Garnished? Only the United States government can garnish a part of your Social Security Disability benefits. Private creditors like banks or credit card companies, can't touch your Social Security benefits. However, if you have following types of debt, you could be eligible for garnishment: 1. Federal Income Tax The IRS, according to the Federal...

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