NO FEE GUARANTEE

Disability Representation For Your Disability Claim

727-894-3188

Call Us For Free Consultation Now

Search
 

Blog

Can a Long Term Disability Carrier in Florida Take my Social Security Disability Benefits that I Receive in a Lump Sum?

Can a Long Term Disability Carrier in Florida Take my Social Security Disability Benefits that I Receive in a Lump Sum? No! In Herman vs. Metropolitan Life Insurance Company (689 f supp 2d 1316 (MD Florida 2010)), Ms. Hermann did not have to pay back Metropolitan Life’s claimed lien resulting in her receipt of Social Security Disability benefits. Ms. Herman had “dissipated” or spent the long term disability benefits that had been paid in the past, she had no traceable funds in her possession. The only recovery that Metropolitan Life could potentially make was from Social Security benefits. However, by law,...

Continue reading

Discitis and Your Rights to Social Security Disability Benefits

You may be entitled to Social Security Disability benefits if your doctors told you that you have something called discitis. Discitis is a low grade infection in the disc space between your vertebrae. Think of your spinal [caption id="" align="alignright" width="201" caption="Discitis Social Security Disability"][/caption] column as a stack of Oreo cookies, the cookie is the retrieval body and the cream is the disc. Unfortunately, you can develop a low grade infection of the disc which causes severe back pain and is often aggravated by any movement of the spine. This pain will travel to your abdomen, hip, leg and groin and it...

Continue reading

What does the Social Security Administration consider a “disability” for the purposes of my Social Security Disability application?

What does the Social Security Administration consider a “disability” for the purposes of my Social Security Disability application? The Social Security Administration defines disability as a “physical, mental, medical condition that prevents an individual from working for more than 12 months”. Do you know that disability can be caused for Social Security purposes by an injury or even an illness. If your doctor told you that you will not be able to work for at least 12 months, you should apply for Social Security Disability benefits for more information about the Social Security Disability claim’s process, you can order a complimentary...

Continue reading

What Every State Legislature Can Do to Protect ERISA Disability Policy Holders

ERISA disability policies hide behind an important clause in their long term disability policy in justifying their claims denial, that’s called a “discretionary clause”, a discretionary clause gives all the power to the long term disability carrier to deny your benefits. Courts will defer to the long term disability carriers decision making it very difficult for wrongfully denied long term disability policy holders to win their case. Many states are now tempting to use their power to regulate the insurance industry by banning discretionary clauses and policies issued in the state. These include states like Washington, California, and Texas. We in Florida...

Continue reading

Long Term Disability Insurance Carriers Will Deny Your Claim by Mis-Classifying Your Occupation

It is not uncommon for long term disability carriers to have a vocational evaluator determine that your occupation is sedentary in nature and then, in turn allege that your medical records can’t support your inability to [caption id="" align="alignright" width="173" caption="Occupation Long Term Disability"][/caption] perform the full time functions of a sedentary occupation. The vocational evaluator, together with an internal physician peer review, will determine that your restriction and limitations and qualify you for a sedentary occupation. Why? If you are capable of engaging in at least a sedentary occupation, you are not entitled to long term disability benefits. It is important in appealing...

Continue reading

Obama’s 6 Social Security Principles From US News

In a USNews article on President Obama's 6 Social Security Principles, he states his opinion about the Social Security reform. "For a program everyone agrees is not in crisis, there sure are a lot of proposals swirling around to "reform" Social Security. There are even a lot of non-proposals, some of which you can find in President Obama's just-released 2012 recommended federal budget." His 6 Prinicples from the article are: •Any reform should strengthen Social Security for future generations and restore long-term solvency. •The Administration will oppose any measures that privatize or weaken the Social Security system. •While all measures to strengthen solvency should be...

Continue reading

I have applied for Social Security Disability Benefits and wonder why I have been scheduled for a Social Security Disability medical exam?

FAQ: I have applied for Social Security Disability Benefits and wonder why I have been scheduled for a Social Security Disability medical exam? If you do not have enough medical documentation to support your claim or you haven’t gotten treatment within sixty days as part of your Social Security Disability application, the Social Security Administration will, most likely, schedule you for what is called a Social Security Disability medical exam or consultative exam. It is crucial that you be prepared for what will happen at the Social Security Disability medical examination and that you be honest and trustworthy. While it is...

Continue reading

If You Don’t Have Enough Medical Evidence to Support Your Social Security Disability Claim, Don’t be Surprised if you are Scheduled for a Social Security Disability Medical Exam

If you have applied for Social Security Disability benefits but haven't seen a doctor within sixty days of your application, the Social Security Disability examiner may schedule you for what is called a Social Security [caption id="" align="alignright" width="240" caption="Medical evidence"][/caption] Disability or Social Security consultative examination. You need to attend the examination and fully corporate with the examiner. Many times, unfortunately, Social Security Disability examiners can be rude and even shoot down your Social Security Disability claim if they feel you are being dishonest. When you receive a letter from the Social Security Administration scheduling you for a consultative exam, return the acknowledgement...

Continue reading

How to Calculate Your Long Term Disability Benefits and the Insurance Carriers Right to a Social Security Offset

Did you know that many long term disability policies are written so that the long term disability insurance company gets to reduce your long term disability benefits by the receipt of “other income” which can include your Social Security Disability benefits, your family member’s Social Security Disability benefits and even workers’ compensation benefits. But it’s worse! Not only does the short or long term disability insurance company get to reduce your monthly long term disability benefits by your monthly Social Security benefits, they will often sue you to recover your back long term disability benefits arguing that you have been...

Continue reading