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Man Who Became Disabled by Unprotected Sex Denied Disability Award | Florida Disablity Insurance Lawyer

What: Disability Claim Denied Where: BC Canada Who: Randolph GibbensA man in Canada who had unprotected sex and contracted a disablity in which left him paralyzed has lost his case in trying to bring his disability claim. Randolph Gibbens had contracted herpes in unprotected sex and became a paraplegic after the disease had ran its course and lost a $200,000 Supreme Court Case. According to the ruling, "The case, which pitted the Co-operators Life Insurance Company against the former high-pressure water blaster, centred on the meaning of the word "accident" in deciding insurance claims."...

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Long Term Disability Features for Medical Professionals and Attorneys | Know Your Benefits

As a highly paid specialized medical or legal professional you need to adequately protect your income in the case of disability.There are several features that you should consider in purchasing a Long Term Disability Policy. Any policy should have the following features:1. Recognizing the specialty or sub speciality that you practice2. Protect your disability benefit if you experience a reduction in earnings over time due to progressive illnesses3. Protect you if you've contracted an infectious or contangious disease which is not disabling but results in a loss of income4. Provides continued benefits for a number of months after a return...

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Mental Nervous Limitations and How Long Term Disability Carriers Will Use This Clause to Deny Your Benefits | Tampa Bay Disability Attorneys

It is not uncommon for Long Term Disability policies to limit coverage for mental conditions. Unfortunately, this is constitutional. However, many Long Term Disability carriers try to plug your Long Term Disability claim into a mental nervous limitation so that they only have to pay you two years of benefits.These cases are also language dependent. For example, a plan may provide that a mental illness as a "mental, emotional, nervous condition of any kind." Boy that's rather expansive. If you suffer from fibromyalgia you most likely have depression. In the case of Bosetti vs. United States Life Insurance Company, 2009cal.app.LEXIS1166(July...

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The Doctor Who Could No Longer Be a Surgeon: The Tale of a Long Term Disability Claim

Many physicians buy Long Term Disability policies which provides that disability benefits will be paid if they are unable to engage in their own occupation. If you have such a policy, I strongly suggest that you get out your policy and read the language. You must understand what the definition of total disability is. Some policies will define "total disability" as "unable to perform any job for which you are reasonably qualified or may become qualified because of your education, training or experience," that's an awful broad definition of a disability. These cases are usually dependent on policy language.As a...

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Long Term Disability Messes That Can Cause You Serious Financial Problems | Tampa Bay Disability Lawyer

Many people that buy Long Term Disability policy believing that after an accident or illness their lost income will be covered. That isn't correct! Did you know that a typical group policy only pays you 60% of your salary up to a specified limit? Such as $3,000, $5,000 or $7,500 per month?Long Term Disability group policies also don't replace lost income from commissions or bonuses.While getting Long Term Disability insurance because you have a one and three chance of becoming disabled and not being about to work 90 days or more at some point in your career, you do need...

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New Study Links XMR Virus to Chronic Fatigue Syndrome | Chronic Fatigue Syndrome Long Term Disability Cases Denied

If you have a Long Term Disability policy and have applied for benefits your claim might be denied on the basis that there is no objective evidence of your diagnosis or disability. A new study, published in the journal Science Express, has found the two thirds of the people diagnosed with chronic fatigue have a retrovirus called XMRV, which is known to affect immune cells. Judy Mikovits, research director of the Whittemore Peterson Institute at the University of Nevada Reno noted that this retrovirus could explain "entire spectrum of symptoms that have been come to know as chronic fatigue syndrome."This...

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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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