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Dual Occupation Defense and Physician Claims

Most physicians I know have multiple specialties or even have other businesses. If so, you must properly protect yourself in the event you become disabled because one of the common defenses to a Long Term Disability medical professional claim is the “dual occupation” defense. What is this defense?The Long Term Disability insurance company will argue that you have two or more occupations at the time you became disabled. Because you are able to work full time in any one of those occupations, the Long Term Disability carrier will argue that you aren’t entitled to any benefits.Let me give you some...

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Things to Consider

The Long Term Disability carrier is going to be asking you basic questions in the disability application and will most likely want to do a field interview with you.Your disability application should be reviewed by a disability attorney, and you should never give a field statement or even talk with the adjuster on the phone. These conversations are recorded and will be used against you.What Are the Basics?Last date you worked? Did you work a full day on your last day? Have you sold your practice? Who did you sell your practice too? How much? When did your condition start?...

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Overheard Expense

When you purchased your Long Term Disability policy hopefully you also purchased an overhead disability insurance policy. When is the last time read that policy?Most policies agree to “pay benefits during a period of disability for covered overhead expenses which pile up while you are totally disabled after the elimination period.” These policies can define disability as the “inability to perform the substantial and material duties of your occupation."Overhead disability insurance policies may also pay benefits if you are partially disabled. “Partially” disabled means conditions where you are “unable to perform one or more of the substantial and material daily...

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Why Every Physician Seeking Disability Benefits Should Have an Attorney in the Disability Claims Process?

1. You need advice and assistance in completing your claims form and other insurance company requests. Accurately completing your application is the key to the successful claims process. This includes picking the right date of disability, making sure your disability condition is covered and is not excluded by a pre-existing clause, determining your pre-disability earnings. You should never complete anything, answer phone calls or written requests of the disability insurance company unless you have assistance. Each one of the contacts with the disability insurance company is an opportunity to destroy your claim.2. Most medical professional believe they know how best...

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Doctor to Doctor Calls and Your Long Term Disability Claim

Long Term Disability companies, including UNUM, routinely make doctor to doctor calls to persuade your doctor that you are capable of working. It always looks better for UNUM when they deny your claim if your physician supports that denial.Did you know that UNUM will cold call doctors when they are busy hoping to catch them when they are short of time and don’t have time to really focus on your case in their discussion with the doctor?Unfortunately, it’s also common for doctor to doctor calls to be totally twisted by the carrier physician.At Cavey and Barrett, your Florida disability attorneys,...

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Many Long Term Disability Policies Require that You Apply for Social Security Disability Benefits

Many carriers will offer you the assistance of a third party vendor such as Alsup or essentially assist you in receiving Social Security Disability benefits.Unfortunately, it is not uncommon for companies like these to try to get you to file a Social Security Disability claim based on the wrong condition or a condition that gives you limited coverage under your Long Term Disability policy. However, one of the most important benefits of applying for and receiving Social Security Disability benefits is Medicare eligibility. Not matter how old you are, when the Social Security Administration awards you Social Security Disability benefits,...

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5. Reflex Sympathetic Dystrophy

Reflex sympathetic dystrophy (RSD) is a painful condition that usually affects the upper or lower extremities. Reflex sympathetic dystrophy pain is severe, burning, sharp and the effected areas are extremely sensitive to touch or even temperature changes with the skin turning blue. This is a progressive disease, which means you must have aggressive and early treatment to stop or slow the progression of the disease process. Pain specialists can provide medication that can even block the nerves that interrupt the pain signals reducing your pain intensity. RSD can be caused by injury to a nerve or can be cause by...

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Americans Putting Their Income at Risk | Florida Long Term Disability Lawyer

According to The Business Wire, most "Americans live to work but don’t prepare for illness or injury, they put their income at risk". This article points out that 3 and 10 people who enter the workforce today will become disabled before retiring and nearly 90% of disabling conditions and illnesses are not work related.The US Bureau of Labor Statistics indicates that in 2010 only 46% of full time workers had short term disability and only 39% had long term disability.Going with disability insurance certainly can be risky, but you need to be careful that you aren’t ultimately robbed of peace...

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Surveillance and Surprise Visits in Your Long Term Disability Claim

Nancy Cavey, national Long Term Disability denied attorney, has written a free consumer guide on the 23 mistakes that you can make in your field visit or statement.Even after the Long Term Disability carrier starts paying your Long Term Disability benefits they are going to come knocking at your door potentially unannounced. If someone knocks on your door and asks you to verify your signature on documents, asks to come in, or uses any other ruse to get into your house to take a statement, just say no!Insurance companies are going to conduct surveillance and that’s to be expected. However,...

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Estate Planning for the Long Term Disability Claimant

At Cavey and Barrett, we urge our clients who are disabled because of their chronic condition to consider consulting with an estate planning attorney. Why? If you, for example have a chronic illness such as MS, Parkinson’s or even Alzheimer’s, you must have a plan and legal protections in place to protect you. This can include:1. Designating someone you trust to handle financial matters, if you are unable to manage your own affairs. 2. Selecting someone your trust to make healthcare decisions for you. 3. Communicating your health care wishes...

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