If your disability claim will be made under your employer’s group disability insurance policy, it is likely governed by ERISA, which stands for the Employment Retirement Income Security Act. This is a Federal Law enacted in 1973. Under ERISA, you have the right to file a suit in federal court if your claim for disability […]

The long-term disability/ERISA carrier has called you and asked you to give a statement or to come to your house. What are you going to do? First you really do need to retain an experienced Florida long-term disability/ERISA attorney like Nancy Cavey. We do not allow the long-term disability/ERISA carrier to contact you directly once

Just because your doctor says your disabled doesn’t make it so. And just because your doctor says your disabled, doesn’t mean that the disability carrier is going to agree and accept your disability claim application. The long term disability insurance carrier is looking for objective evidence from your doctor about your diagnosis and objective evidence

Maybe! If your employer is self insured for short term disability, the money to pay you is coming from your employer’s pockets. If you have a good claim and were a good employee, you might be paid your short term disability benefits. I have had cases where the employer has overridden a short-term disability administrator’s

The insurance company has the “discretion” to determine your benefits. You only get paid benefits if you can’t perform “each and every” important duty of your job. The duties of your job are determined by the insurance companies’ use of the “Dictionary of Occupational Titles,” and not based on how you have performed your job

MYTHS/ LIES: You are on a level playing field with the insurance company. If your employer says you are too injured to work, the insurance company will automatically pay. Filling out the disability insurance company’s forms will automatically result in your being paid disability benefits. If you have been awarded Social Security disability benefits, you

Fewer cases = More Time for You We are “different.” We don’t rely on a high volume of cases. We don’t claim to handle every type of law because we don’t want to. Each year we accept a limited number of long-term disability, Social Security, workers’ compensation, and wage and hour cases from the hundreds

Unfair Language # 1: “We Have Discretion to determine Benefits” Most disability insurance companies hide behind a clause hidden in their policies known as a “reservation of discretion”. But don’t bother to look in the ERISA statute for anything about a “reservation of discretion” clause. The federal courts have given the insurance companies the right

Long Term Disability carriers routinely hire private investigators to conduct video surveillance of you. More often than not Nancy Cavey, St. Petersburg and Tampa disability insurance lawyer, often will see that the report that the video surveillance doesn’t match the actual footage taken or, in some cases is an actual work of fiction. If your