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Are You Entitled to Social Security Disability Benefits if you Suffer From Psoriasis?

Psoriasis is a chronic skin condition that is characterized by red areas of inflammation. There is thickening, scaling and flaking of the skin.Psoriasis may be the result of your body’s inability to properly shed its skin. But did you know that non-psoriatic skin cells mature and shed every 28 days. Psoriatic skin cells move out to the surface of the body over a period of 3 to 6 days. This causes a rapid build up of unshed skin cells that results in the formation of legions.Psoriasis can develop on any part of your body and is thought to be a...

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What’s the purpose of having a vocational expert testify at a Social Security Disability hearing?

A vocational evaluator at a Social Security Disability hearing assists the Administrative Law Judge in determining whether or not there are “a significant number” of jobs you may be able to perform given your age, education, prior work experience and residual functional capacity.A vocational evaluator will also render an opinion as to whether or not you can return to your past relevant work which step four of the five step sequential evaluation.At step five you will be called in to discuss whether or not you have transferable skills to other work that might exist in the national economy.Attending the cross...

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ERISA and the 18 Mistakes That a Workers’ Compensation Claims Lawyer Can Make

In 1974, the United States Congress passed the Employee Retirement Income Security Act (ERISA), which is the statutory basis for welfare benefit plans, including group health and group disability plans.Many injured employees have ERISA disability policies, which provide either the payment of short term disability or long term disability benefits. ERISA litigation is a mixture of workers compensation, Social Security, contract law, medical and vocational issues. However, every workers’ compensation practitioner should know that ERISA is complicated and not for the faint of heart. ERISA’s Short Term Disability Claim Process Many employers will offer a short term disability policy that provides for...

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Social Security Administration Recognizes a Need to Get Your Medical Records to Make a Timely Decision on Your Claim for Social Security Disability Benefits

When you apply for Social Security Disability benefits the Social Security Administration will obtain a copy of your medical records from your physician. The longer it takes to get those medical records, the longer it will take for the Social Security Administration to make a decision on your Social Security claim.Social Security Commissioner Michael Astrue has reached an agreement with EHR Doctors to deliver electronic health records to the Social Security Administration so that they can quickly review Social Security Disability claims. Commissioner Astrue was quoted as saying that this technology “will improve our disability programs and provide better service...

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Inside Six Secrets to Getting the Right Long Term Disability Policy

Nancy Cavey, an ERISA long term disability attorney based in the Tampa Bay area has written the go to guide entitled Robbed of Your Peace of Mind, which helps explain some examples of getting the right long term disability policy.While there are many policy terms you do not want to see in a long term disability policy there are six features that make for a great long term disability policy:1. A policy that pays disability benefits if you are unable to do your specific job.Many long term disability policies pay benefits based on a persons occupation not based on their...

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Learn How Easily Carriers Like UNUM Have Denied Mental Illness Claims

UNUM has been the subject of a national lawsuit as a result of it’s claims handling which is ultimately settled. But unfortunately, UNUM continues to engage in questionable claims handling process.Many UNUM policies have a provision that provides that the long term disability claims can be terminated under a mental nervous limitation. Most mental nervous limitations provide that benefits will be paid for two years at which time the benefits will be stopped.While we understand that policy limitation, what happens if the UNUM policy holder has a herniated disc which causes depression or anxiety. Obviously it's the physical condition that...

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Shocking Attack on Social Security Disability Benefits by the Former Director of the Office of OMD

In a shocking editorial by Peter Orzak, the former White House director of OMD, Orzak has created the image of the “disability claimant” arguing that there are people who qualify for SSI that have, until now, avoided applying because they were able to find work. Now that they have lost their jobs or cannot find work, people who have qualified for SSI are now taking legal advantage of their rights to get SSI.Orzak thinks that once you apply for Social Security Disability benefits you have “lost all the desire to work and just hang around in wheel chairs instead of...

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How the 11th Circuit Court of Appeals Addresses Long Term Disability Carriers Right to Recover Social Security Offsets

The long term disability carriers right to recover for Social Security over payments is a complicated one.In Popski vs. Parrott (Florida 61 f 3d 1367, 1369 (11th Cir. 2006)), the 11th Circuit which has jurisdiction over cases in Florida, Alabama and Georgia, compared two plans that had the language for reimbursement under ERISA section 503(a)(3). Interestingly enough, of the first plan payment, “any amount recovered by Covered Person whether or not designated as payment for medical expenses” and “clarify that the covered person had to repay the claim to benefits paid on their behalf while recovering from a third party...

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Can long term disability Carriers sue me for a refund of my long term disability benefits?

Can long term disability Carriers sue me for a refund of my long term disability benefits? Unfortunately, one of the techniques that long term disability carriers seem to be using these days is to terminate long term disability benefits and then attempt to sue policy holders asking for a refund of benefits. Saying that they were “defrauded” This is just one of the many games that long term disability carriers will play to rob you of your peace of mind.If the long term disability carrier is seeking a refund of all the long term disability benefits paid, contact long term disability...

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Why You Should Have an Attorney if the Administrative Law Judge is going to Call a Vocational Expert

[vc_row triangle_shape="no"][vc_column][vc_row_inner][vc_column_inner][vc_column_text]Why? The vocational experts testimony about your ability to do the lightest job you’ve held in the fifteen years, your transferable skills, and whether or not a job exists in the mythical national economy that you might becapable of performing given your age, education, transferable skills is not for the faint of heart. You need to be able to identify quickly the elements of your illness and symptoms including pain and side effects of medication that might impact on your ability to work. Unfortunately, most Social Security Disability applicants are ill and really can’t focus their time or energy...

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