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What are the Factors I Should Consider in Choosing a Social Security Disability Attorney?

table.MsoNormalTable { font-size: 12pt; font-family: "Cambria","serif"; } Someone who will: 1.      Educate you about the Social Security Disability claims process 2.      Gather written records and documents to support  your claim, including medical and employment records. 3.      Perform the investigation of your claim including interviewing your doctors and employers. 4.      Read and analyze your Social Security Disability claim. 5.      Meeting with your medical doctors and health care providers to fully understand your condition. 6.      Obtain your reports and form experts to support your claim. 7.      Analyze any legal issues that can result in the denial of your claim. 8.      File all the necessary forms for the Social Security Administration. 9.      Contact...

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No. 9 – Has your claim for long-term disability benefits been denied on the basis that you haven’t been putting forth your best efforts?

No. 9 - Has your claim for long-term disability benefits been denied on the basis that you haven't been putting forth your best efforts? Long-term disability carriers routinely hire companies such as the Reid Group, to review long-term disability claims. Unfortunately, the Reid Group will use, as a basis for denying claims, an allegation that a psychiatrically disabled person hasn't put forth their best efforts in neuropsychological testing based on tests of memory validity. The Reid Group will conclude that you haven't been "cooperating" under the terms of the plan. If your claim for long-term ...

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How do I let the Social Security Administration know I have a Lawyer?

At The Law Office of Nancy L. Cavey, we notify the Social Security Administration that you have hired us to help you with your Social Security Disability claim. We do this by filing form SSA-1696U4 Appointment of Representative with the Social Security Administration. We take care of all the communications with the Social Security Administration so that you can focus on the healing process. If you have questions regarding the Social Security Disability claims process, contact Social Security Disability claim’s lawyer Nancy L Cavey or one of our helpful paralegals to assist you with any questions you may have....

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No. 8 – Psychological disability and long-term disability claims

No. 8 - Psychological disability and long-term disability claims Unfortunately, long-term disability carriers routinely use companies such as PSY BAR to review long-term disability/ERISA claims involving psychiatric conditions. I recently reviewed PSY BAR's website and noted that they offer online courses to adjusters and IME doctors. One of the courses, "Psychological and Psychiatric Assessment of Individuals for Disability Insurers," actually teaches "independent medical doctors" what the long-term disability insurance company's expectations are and how to meet those expectations in an ethical manner. Interestingly enough, this course identifies what PSY BAR believes to be "common IME errors": ERROR...

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Do I have to Sign a Contract to Hire an Attorney?

Yes, to charge you a fee for the service you are given, the Social Security Administration requires that you file either a Fee Agreement or a Fee Petition with the Social Security Administration. Your attorney can’t charge you more than the fee amount the Social Security Administration approves. If an attorney collects a fee without the Social Security Administration’s approval, or charges or collects too much for a fee, they can be suspended or disqualified from representing anyone before the Social Security Administration. At The Law Office of Nancy L. Cavey, we have you sign an attorney fee contract and...

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No. 7 – The long-term disability carrier is denying my benefits because my physician won’t respond to their request for information. What should I do?

No. 7 - The long-term disability carrier is denying my benefits because my physician won't respond to their request for information. What should I do? The long-term disability carrier should not be contacting your treating physician without letting you know. In a 9th Circuit court case, Safon v. Wells Fargo & Company, Long-term Disability Plan, 522 F.3d 863 (9th Cir. 2008), the court held that direct contact with a treating physician was a direct violation of the ERISA fiduciary duty. This court also held that Met Life and Wells Fargo violated ERISA by attempting to use...

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How Much Will The Fee Be In My Social Security Disability Claim?

table.MsoNormalTable { font-size: 12pt; font-family: "Cambria","serif"; } By law, the attorney fee can be no more than 25% of the past due benefits or $6264.50, whichever is less. However, your attorney can charge you for out of pocket expenses, such as medical reports or fees that doctors charge for completing disability forms, these expenses aren’t paid by the Social Security Administration and they are your responsibility to pay. If you are found to be eligible for Social Security benefits, the Social Security Administration will withhold 25% of your past due benefits towards the fee. The Social Security Administration...

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No. 6 – The Long-term Disability Carrier is trying to talk with my treating physician behind my back. What should I do?

No. 6 - The Long-term Disability Carrier is trying to talk with my treating physician behind my back. What should I do? Unfortunately, it's not uncommon for the long-term disability insurance company to use the medical release which you signed to communicate directly with your treating physicians without notice to you. They will also tell your treating physician their version of your medical condition and your policy terms in an attempt to get the physician to release you to some form of employment. In the case of Safon v. Wells Fargo & Company, Long-term Disability Plan,...

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No. 5 – What every medical professional needs to know about ERISA

No. 5 - What every medical professional needs to know about ERISA It is important that medical professionals understand their long-term disability policy so they can prevent the disaster of being disabled and being unable to recover the benefits they deserve. Did you know that there are three types of disability policies? Do you know which kind you have? The first is an individual disability policy, which you may have purchased directly from a carrier and which provides you long-term disability benefits in the event of sickness or injury. Do you know that there are two types of...

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When Should I Contact a Social Security Disability Attorney?

At The Law Office of Nancy L. Cavey,  our social security disability professionals suggest that you contact a Social Security Disability attorney before you file a claim for benefits so that you understand the five step Social Security Disability process and what steps you have to take so that you should be receiving Social Security Disability benefits, it’s not a simple as may think and attorney Nancy L. Cavey has written a free consumer “Your Rights to Social Security Disability Benefits” to help you with the Social Security Disability process, you can order your free, no obligation copy by call...

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