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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...

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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...

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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...

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You Do Not Have to Have Spinal Surgery to be Entitled to Social Security Disability Benefits

There are many causes of back problems that include spinal stenosis, ankylosis spondylitis and degenerative disc disease, that can be just as painful, if not more than having undergone back surgery for a herniated disc.[caption id="" align="alignright" width="196" caption="Spinal Injury"][/caption]Winning a Social Security Disability claim based on spinal stenosis, ankylosis spondylitis and degenerative disc disease can be difficult because the  ocial Security Administration really does a poor job considering how your pain impacts your ability to function.Sharon Barrett, St. Petersburg Florida Social Security Disability attorney, will help you understand that it is important in any Social Security Disability claim that...

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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...

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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...

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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...

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If You Don’t Plan for Your ERISA Long Term Disability Benefits to be Reduced by the Receipt of Social Security Benefits, You’ll Hate Yourself Later

A long term disability policy is supposed to provide you with peace of mind. Unfortunately, many long term disability insurance  policies have a clause in the policy which allows the long term disability carrier to reduce your long term disability benefits by the receipt of Social Security Disability benefits and even other income such as workers compensation.If, for example, you make $24,000 before you became disabled, your pre-disability income was $2,000 per month.Long term disability benefits normally pay 60% of the pre-disability income and in this case, the gross monthly LTD benefits would be $1,200. That sounds okay but if...

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Why does the long term disability carrier have the right to reduce my long term disability benefits by the receipt of Social Security benefits?

FAQ: Why does the long term disability carrier have the right to reduce my long term disability benefits by the receipt of Social Security benefits? Answer: Great question! Unfortunately, many long term disability carriers have a clause in the insurance contract that says that the long term disability carrier gets to take advantage of your favorable Social Security decision. That means they can ask for a repayment of overpayment of benefits and reduce your future long term disability benefits. They get you coming and going.Florida long term disability attorney Nancy Cavey, has written Robbed of Your Peace of Mind, which explains the...

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Help Raise Awareness for Cardiovascular Disease for Women by Wearing Red!

Today, the American Heart Association encourages people around the nation to "Go Red for Women" and wear red for National Wear Red Day to raise awareness of cardiovascular disease in women. Cardiovascular disease kills approximately 500,000 women each year. For details, visit www.ct.gov/dph and www.americanheart.org.We support this great cause! ...

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