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The Institute of Medicine Recommends New Criteria for Social Security HIV Requirements Based on CD4 Cell Count

At the request of the Social Security Administration, the Institute of Medicine (IOM) has evaluated the criteria used by the US Social Security Administration. There is concern that the HIV infection listings established in 1993 are out of date. IOM agrees that the Social Security Disability criteria is outdated. The IOM is now recommending the following criteria to qualify for disability benefits: 1. A CD4 cell count at or below 50 cells per cubic milliliters of blood serum, a laboratory benchmark that indicates an advanced stage of illness. 2. One of the few rare but fairly severe disabling HIV associated conditions, such as...

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Institute of Medicine Recommends Revised Social Security HIV Disability Requirements

On September 28, 2010, the Institute of Medicine (IOM), issued a report that says that the HIV related disability criteria used by the Social Security Administration is outdated. It recommends that the HIV disability criteria include qualifications based on CD4 cell counts and consider non-AIDS related complications such as neurocogntive impairments, chronic kidney disease, osteoporosis and treatment associated side effects. The Social Security Administration is taking these recommendations under consideration....

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If You Do Not Understand Your Rights to Long Term Disability Benefits as a Result of AIDS, You’ll Hate Yourself Later

If you have been diagnosed with AIDS or certain non-AIDS related complications and you have a long term disability policy, you may be entitled to disability benefits. After all, you purchased the disability policy to provide you with peace of mind if you became unable to work for any reason. Many long term disability carriers are unsympathetic to AIDS patients and will routinely site to CD4 cell recovery as the equivalent of the ability to return to work. Unfortunately, long term disability carriers also routinely ignore complications seen among AIDS patients receiving ARV therapy such as neurocogntive impairments, chronic kidney diseases,...

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You Don’t Need to be a Genius to Understand that you May Be Eligible for Long Term Disability Benefits if You Suffer From Thrombophlebitis

You purchase your long term disability policy to protect your income and if you have been diagnosed with phlebitis or thrombophlebitis, you should apply for long term disability benefits. Phlebitis is the inflammation of a vein that causes a circulatory problem. Phlebitis means a “vein with inflammation” and if it progresses to “thrombophlebitis” that means that you have a “blot clot”. Deep thrombophlebitis is associated with tenderness, pain and swelling on your extremity, and difficulties with your extremities such as standing or walking. Unfortunately, there may be no signs of deep vein thrombosis until you have a pulmonary embolism that moves through...

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State Denies First Responders Claim Alleging that his Pre-Employment Blood Pressure Readings were Abnormal

One of the common defenses that employer/carriers commonly use in first responder claims is that the first responder didn’t pass the pre-employment physical. In the case versus Forester vs. Florida Highway Patrol, Investigator Forester had a pre-employment physical on October 19, 1993 that should blood pressure of 154/70, years after the fact, the state’s expert cardiologist, Dr. Talit testified that this was evidence of hypertension, while the claimants expert Dr. Sivasinkarne testified that a single blood pressure reading it’s evidence of hypertension. Judge Murphy rejected the argument that Investigator Foresters’ pre-employment blood pressure reading was abnormal and awarded workers’ compensation...

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The Long Term Disability Carrier asked me where I filled my Prescriptions, why?

FAQ:  The Long Term Disability Carrier asked me where I filled my Prescriptions, why? Answer: Great question! Long term disability carriers have access to investigators who will canvass pharmacies near your home to determine whether or not you are getting your prescriptions filled and, what prescriptions are getting filled. Since you’ve signed a medical release they’ll use your release to get that information. At Cavey and Barrett, we restrict our clients signature on medical releases to prevent just this kind of abuse....

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Announcement: The Friends of 440 Scholarship Fund Deadline Dates

Cavey and Barrett, co-founders of the Tampa Bay Friends of 440 Scholarship Fund announce that the application for 2011 must be submitted prior to February 28, 2011. The purpose of the scholarship fund is to help the dependents or descendants of workers who were injured in the course of their employment and who reside or whose accidents occurred in the state of Florida. The applicant’s relative must have been involved in an workers’ compensation accident. High school applicants must have a 2.70 GPA and college applicants must have 3.00 GPA to apply. You must maintain a 3.00 GPA for renewals. Unfortunately, our...

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Do You Know the Clues in the Social Security Disability Claim Denial Letter That Tell You What You Need to Improve Your Claim?

The Social Security Administration is required to issue a letter to you explaining whether they are granting or denying your claim, it’s called a “Notice of Decision” letter. If your claim has been denied there are lots of clues that are left in that Notice of Decision letter that explains why the Social Security Administration denied your claim for benefits, it’s almost a form letter! At Cavey and Barrett, we know the clues that are there for you in that Notice of Decision denial letter. Unfortunately, it is not written in English, but is written in Social Security language. If you don’t understand...

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If You Suffer From Chronic Sleep Disorder You Might Be Entitled to Long Term Disability Benefits

If you are covered by a long term disability policy and are having chronic sleep disorders such as sleep apnea, or other sleeping disorders, you may be entitled to long term disability benefits. In the case of Eaton vs. Metropolitan Life, 661 fsupp 2nd 1240 (2009 US District Lexus 88965), Mr. Eaton was advised by his physician because he could no longer work because of a chronic sleep disorder. His long term disability benefit was initially approved but Metropolitan Life put surveillance on Mr. Eaton. He was filmed driving or engaging in other activities of living. As a result, Metropolitan...

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