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Social Security Disability Applicant With Diabetes: Getting The Cooperation And Assistance From Your Doctor

Assistance From Your Doctor Social Security Disability

It’s crucial that your doctor support your claim for Social Security disability benefits.  You should lay the ground work with your physician as quickly as possible as that is the key to getting the disability benefits that you deserve. You should tell your doctor the symptoms you have as a result of your medical condition.  The more problems that you have functioning as a result of those symptoms the better. You or your attorney should give your doctor a Diabetes Residual Functional Capacity form to complete.  The Residual Functional Capacity form that will address the following: The objective basis of the diabetes diagnosis, The...

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Qualifying For Social Security Disability Benefits Because of Absenteeism

Social Security Disability Benefits Absenteeism Attorney

The Social Security Administration (SSA) doesn’t make it easy for those who are disabled to get the Social Security disability benefits that they deserve.  You have to prove that your medical condition prevents you from doing substantial work on a continuous and sustained basis.  One way that you can prove that your medical condition has reduced your productivity by at least 15% is to document that your medical condition causes frequent absenteeism from the work place. If you miss work because of medical appointments or the symptoms of your condition cause you to take at least two and, preferably, four days...

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How to Make Your Disability Insurance Company Pay Attention To Your Social Security Decision

Disability Insurance Company Long Term Disability Attorney

Many times long term disability policies require that the policyholder applies for Social Security Disability benefits (SSDB).  The policy will also provide that if you don’t apply for the benefits, the carrier has the right to reduce your disability benefits by what you or your dependent relatives would have received in your Social Security benefits. Once you are awarded benefits, the disability carrier will ask to be repaid any disability benefits and will reduce your benefits in the future. What Happens If They Ignore The Social Security Decision And Deny My Benefits? In the recent case of Melech v. Life Insurance Company of...

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What Every Disability Policy Holder Needs To Know About ERISA

What is ERISA Disability Attorney

“ERISA” stands for the Employment Retirement Income Security Act that was enacted in 1974 as a result of the Jimmy Hoffa’s pension scandals.   The United States Congress wanted employers to provide to its employees a pension, health insurance, disability insurance and other employee benefits.  To make this insurance affordable, employers asked for legislative protection from being sued. See our practice area page about LTD ERISA Attorney. What Are The Legislative Protections of ERISA? Preemption If you have to file a lawsuit to get your benefits, it must be filed in Federal Court.  The ERISA statute preempts or prevents you from filing virtually all...

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Myasthenia Gravis And Your Long Term Disability Policy

Myasthenia Gravis Disability Insurance Attorney

In the United States, it is estimated that 20 out of every 100,000 people will have MG. It occurs in all races, genders and at any age. Unfortunately, in MG there is as much as an 80% reduction in the number of these receptor sites because MG will destroy or block the receptor site. The immune system of a person who has MG will make antibodies against the receptor site which will destroy those sites more rapidly than the body can replace. As a result, muscle weakness will occur when the acetylcholine does not activate enough perception sites at the neuromuscular...

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Can You No Longer Work With Your Scleroderma

Scleroderma Long Term Disability Claims Attorney

The Scleroderma Foundation has recognized June as Scleroderma Awareness Month with annual awareness and fundraising events. What You Should Do If Your Doctor Has Told You That You Can No Longer Work As A Result of MG You may have purchased a disability policy on your own through your employer hoping you’d never need to apply for disability insurance benefits if you became disabled. Scleroderma in the United States is estimated to be 20 out of every 100,000 people and occurs in all races, genders and at any age. If your doctor has told you that you can’t work anymore as a result of...

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What Every Disability Policy Holder Needs to Know About a Form Selection Clause And Insurance

Form-Selection-Clause-Social-Security-Disability

Many disability insurance companies will write their insurance policies to provide that any claim or action has to be filed in a specific district. For example, it could be a district court that is not particularly favorable to ERISA disability policy holders. The general rule is that a “form selection” clause in the disability plan or policy will govern where a lawsuit should be filed. What If There Isn’t Form Selection Clause In My Disability Policy? Under the Federal Rules of Procedure, the court will look to a number of factors including where the principal place of business the disability insurance company is located...

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May 19th Is National Hepatitis Testing Day

As part of Hepatitis Awareness Month campaign, May 19th has been designated as “National Hepatitis Testing Day.”  You can find a testing event in the Tampa Bay Area by clicking the link Hepatitis testing Events Page. What Is Hepatitis? Hepatitis is an inflammation of the liver caused by one of several viruses.  In the United States, the most common type of viral Hepatitis is caused by Hepatitis A, Hepatitis B and Hepatitis C.  The CDC has begun an initiative called “Know More About Hepatitis” that seeks to increase awareness about Hepatitis and encourage people who were born from 1945 to 1965 to...

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Disability Insurance Trust Fund Funded Through 2020

Disability-Insurance-Trust-Fund-Social-Security-Disability

Many Social Security Disability applicants are concerned about the solvency of the Disability Insurance Trust Fund. Where Does The Trust Fund Get It’s Money? The Trust Fund in part, gets it’s money from the withholdings held from paychecks.  When you look at a paycheck you’ll see “FICA” withholdings.  Part of that money goes into the Trust Fund. Congress has passed a “Bipartisan Budget Act of 2015" which extends the solvency of the Trust Fund to run through 2020.  That’s great news for those who are on Social Security Disability benefits! What Should I Do If My Social Security Disability Claim Has Been Denied? If your...

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The Back Log In Social Security Hearings Gets Worse!

Back Log In Social Security Disability Hearings

Did you know that as of August of 2015, the national average and processing time for a Social Security disability application through the date of hearing was 517 days. Over the last 7 years there has been an attempt to reduce the delay but, unfortunately, things have gotten worse. What Are The Reasons For The Social Security Back Log? The reasons for delay are, in part, because the number of decisions made by Administrative Law Judges has decreased over the last 5 years because of an increase emphasis on “decisional quality”. The Social Security Administration has found “more quality issues” related to favorable decisions...

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