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Newsletter: Ending Carrier Harassment

Are you tired of getting calls from the long term disability carrier asking you all sorts of questions about your medical care, what you do around the house, when you think you’ll be able to work? Have the neighbors told you that an investigator has come around asking questions or have you seen strange vehicle in the neighborhood following you?It’s time that you understand your rights! With one call to Cavey and Barrett you can schedule an appointment and set you self free of threatening letters to you, free of threatening, harassing letters to your doctors, free of fear of...

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Don’t Delay, Call to Action!

If you are having financial problems because you are not getting the disability benefits you deserve, don’t delay in getting professional help. With long term disability claims, the more you wait the worse it can get. The long term disability carrier stalls, asks you for more information, harasses your doctors all the while you are in pain, unable to work and have bills piling up.Another month of waiting, another month of going further into debt while waiting for the long term disability carrier to make a decision. Why live another month under the gun? Take action! Call now and find...

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Our Congratulations Letter for the Welcome Package for New Clients

When you become our client, we will mail you an information packet with a letter that will go a little something like this:Congratulations, you’ve made the right decision to hire Cavey and Barrett to help you with your long term disability claim. It wasn’t easy, but you’ve seen the light! You’ve taken the first and most difficult step, you’ve found the courage to come in and face the long term disability carrier to get the disability benefits you and your family deserve.Cavey and Barrett are your trusted and respected guides for you and your family on the way to getting...

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Are You the Star in a Long Term Disability Movie? How Long Term Disability Carrier’s Use Surveillance to Sabotage Your Case

Video surveillance, under the right circumstances, can provide an overwhelming reason for the Long Term Disability carrier to deny your Long Term Disability claim. It can also capture a mere snapshot in your life and fail to reveal the complete picture of your disability. For example, surveillance may show you at a family gathering, but not show the resulting excruciating pain and misery you suffer for days after.Long Term Disability carriers use surveillance to document what you do during your day, including the activities of daily living like running...

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Activities of Daily Living Form

The Long Term Disability carrier has asked you to complete an Activities of Daily Living form in which you are asked to document what you are physically capable of doing. In that form, or even in a statement, you might tell the Long Term Disability insurance company that you “always use a cane” or that you always “limp.” If surveillance shows that you are walking without a cane or without a limp you are in trouble! While walking without a cane or a limp doesn’t mean you can work, it does destroy your credibility....

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Are Long Term Disability Policies Purchased Through My Medical Society Covered Under ERISA?

Nancy Cavey, ERISA Long Term Disability attorney who practices nation wide, knows that groups like dental hygienists or doctors are professional organizations who may offer disability policies to their members. Questions do arise about whether or not a disability policy offered through a professional association that offers a group discount are individual policies not subject to ERISA.Whether or not your disability policy purchased through a professional association is subject to ERISA is a legal question that does require close analysis. If you are thinking about purchasing such a policy, consider consulting Nancy Cavey to assist you and determine whether or...

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Why isn’t an Award of Social Security Disability Benefits Acceptable to prove that I am Disabled Under My Long Term Disability Policy?

The problem with disability under the Social Security program does not imply that you are disabled under your Long Term Disability policy, why? The Social Security Administration uses a five step sequential evaluation including listed impairments and an age/education grouping which was designed to manage the high number Social Security Disability claims.The Social Security program does not have any time limits on how long the benefits are paid regardless the cause of the disability, while your Social Security claim may be re-reviewed every 3 years, which much different than an ERISA claim.An ERISA Long Term Disability policy is a contract...

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My Long Term Disability Claim was denied because I Can Be a Video Surveillance Monitor: What Does That Have to Do With My Claim?

Long Term Disability policies normally say that after the payment of two years of benefits, you must prove that you are unable to do the material and substantial duties of any occupation by which you are experienced as a result of your age, education and transferable skills.One the most common tricks is for Long Term Disability carriers to pick jobs like video surveillance monitors and justify their denial based on the existence of a job like video surveillance monitors or even day guard monitor.In Moore v. American United States Life Insurance Company, 150 cal.app 3d 610, 630, the California court...

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Closely Reading Guidelines and Your Claim for Long Term Disability Benefits

Closely read, “return to work guidelines.” Long Term Disability carriers will routinely use these to deny Long Term Disability claims. What are the guidelines? Quite frankly, these guidelines are at best estimated return to work dates created by a former Long Term Disability medical claims consultant, obviously you can tell that any of these guidelines will provide for an early return to work and are not favorable to Long Term Disability claims applicants.Recently, Nancy Cavey, Orlando Long Term Disability attorney, came across a letter directed a treating physician asking the doctor to address the claimants ability to return to work...

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