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Did the Carrier Use The Wrong Expert? Long Term Disability Claim Denied Lawyer in Tampa Bay Florida

Long Term Disability carriers will routinely have a Long Term Disability claim reviewed by a panel of hired gun medical reviewers. We see these same reviewers time and time again. One of the most common mistakes Long Term disability carriers make is to use the wrong medical expert for the medical condition that is being claimed. Now that sounds dumb doesn’t it? The Florida federal regulations, which governs ERISA claim’s handling requires that the Long Term Disability carrier consult with a health care professional that has “appropriate training and experience in the field of medicine involved in the medical judgment,” 29...

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Insurer’s Wrongfully Deny Claims | No Legitimate Reason For Denial | Florida Disability Insurance Lawyer

In the L.A. Daily Journal, Evan George takes a look at California's disability insurance and finds that insurers wrongfully deny claims, despite findings by treating doctors and the federal goverment that they are too sick or hurt to hold a job. The first in a two part series, the story shows that insurers create incentives for employees to turn down claims. Once denied, workers must navigate a complicated bureaucracy that takes years. Of the cases that reach trial, judges found in nearly half the cases that the insurance companies had no legitimate reason to deny the claims. But because the injured workers...

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Long Term Disability and Fibromyalgia Syndrome | Florida Fibromyalgia Disability Lawyer

Close to 90% of disabling accidents and illnesses are not work-related, according to the National Safety Council Injury Facts 2008. One of the most disabling conditions is Fibromyalgia. If you have a long term disability insurance policy, Nancy Cavey, a Florida-based long term disability attorney, suggests that you get out your long term disability policy and see whether or not Fibromyalgia is one of the covered conditions under the terms of your policy. If you are a Fibromyalgia sufferer, Nancy Cavey suggests that you have a short and long term disability insurance on it before...

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Private Disability Insurance Policy | Private Disability Insurance Attorneys | St. Petersburg Florida

At Cavey and Barrett, your Florida based private disability insurance attorneys, we suggest that you purchase a private disability insurance policy. We found the private disability providers are more likely to live up to their own promise of providing a needed income in the case of disability. Making decisions and understanding a disability insurance policy can be complex and difficult. That is why we have written two great books, "Robbed of Your Peace of Mind" and "The Smart Long Term Disability Consumer Guide for Preparing Your Written Statements and Field Visit" Please do not hesitate to contact us for your...

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Social Security Disability and Veterans Disability Claims.

Are you a disabled veteran who has applied for Social Security Disability benefits? You can get both Social Security Disability and Veterans' benefits. There is nothing that stops you from getting two federal disability checks from two separate federal agencies. Think about it: medical records are the basis of your claim for both Social Security Disability and Veterans' benefits. Make sure that both the Disability Examiner or your VA and Social Security Disability Claims Examiner are aware of all of your medical treatment, including your military treatment, names of your doctors and addresses of your providers. That will make it...

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No. 2 – My spouse is working. Will their income affect whether I’m entitled to Social Security Disability benefits?

If you're applying for SSI disability benefits and your spouse works, this may prevent you from getting SSI. If you get SSI, the amount earned by your spouse can potentially reduce the amount of your check. However, if you're applying for Social Security Disability benefits (SSDI), then your spouse's earnings have no effect on your claim. It won't impact your eligibility to apply for disability benefits, to get disability benefits or have any impact on the amount of your benefits. Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney...

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No. 7 – Are you eligible for Social Security Disability?

To be eligible to file an application for Social Security Disability benefits you have to be insured. What? Now, I know that you haven't completed a disability application or paid a premium, so what do I mean by being insured? The payroll deduction that your employer makes into the Social Security system is how you become insured. You have to be in the workforce for 20 out of 40 quarters to be insured. If you have a gap in your work history because of illness, you may have lost your insured status for Social Security Disability, or you may simply have never...

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No. 8 – I’ve been denied Social Security Disability benefits. What do I do next?

You have three choices: you can give up, file a brand new Social Security Disability application, or you can file an appeal. I'm a fan of Winston Churchill, and my motto is "Never give up!" You have to understand that most initial disability applications are denied and, in fact, are also denied a second time at the "request for reconsideration" stage. Your chances of winning at the disability hearing stage level rise significantly, particularly if you have attorney representation. We rarely contemplate having you start over with a new application and only suggest it if there is some technical reason for your denial. At...

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No. 9 – Should I file a new disability application with the Social Security Administration?

At Cavey & Barrett we find that most disability claimants who have been denied Social Security Disability should appeal their disability denial instead of filing a new disability application. As we've explained, it's in a claimant's best interest to move your case to the disability hearing stage. Unfortunately, there are hoops that you have to jump through before you get to that administrative law judge. You first have to have your disability application denied, file a request for reconsideration, be denied, request a disability hearing, and finally (at long last) get in front of the administrative law judge where your chances...

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No. 10 – I’ve been denied Social Security Disability benefits. Can I appeal?

Absolutely. Your notice of denial will provide you information regarding how you go about filing an appeal. There are some things that you need to be aware of: (1) The majority of Social Security Disability claims are denied. Nationally, about seven out of 10 initial claims are denied and eight out of 10 requests for reconsideration are denied. In Florida, the denial rate is approximately 64.9 percent; (2) A large percentage of Social Security Disability claimants who are denied and who decide to appeal are eventually approved for benefits. Follow Winston Churchill's famous statement, "Never give up!" (3) At each step of the disability...

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