What is the difference between Social Security’s definition and a long term disability definition of disability?

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The Social Security Administration uses a five step sequential evaluation, the five step sequential evaluation asks whether or not you have engaged in gainful activity, whether you have a severe impairment, meet a listing, whether you can return to the work that you did in the past and whether you are capable of performing other work in the national economy based on your age, education and transferable skills. On the other hand, each long term disability policy has their own definition of disability that generally the definition is the inability to engage in the material and substantial duties of your occupation. The...

28 March

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What is the Difference Between Social Security’s Definition and a Long Term Disability Definition of Disability?

Posted by Nancy Cavey

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The Social Security Administration uses a five step sequential evaluation, the five step sequential evaluation asks whether or not you have engaged in gainful activity, whether you have a severe impairment, meet a listing, whether you can return to the work that you did in the past and whether you are capable of performing other work in the national economy based on your age, education and transferable skills. On the other hand, each long term disability policy has their own definition of disability that generally the [caption id="attachment_4936" align="alignright" width="298"] definition of disability[/caption] definition is the inability to engage in the material and...

13 August

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I applied for Social Security Disability Benefits while working and my claim has been denied, why?

Posted by Nancy Cavey

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The most basic eligibility requirement to receive Social Security Disability benefits is the inability to engage in substantial gainful activity that has lasted or is expected to last for twelve months. In other words, you can’t be working. How will the Social Security Administration know? They will look at your earning records. Every employer takes out Social Security tax from your paychecks and therefore, Social Security is going to know how much you have earned. If an Examiner finds that you have been working, it is very easy for them to deny your Social Security Disability claim. Have you applied for...

17 July

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What’s the two step ERISA claim’s process?

Posted by Nancy Cavey

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What’s the two step ERISA claim’s process? Under ERISA, you have the right to file a claim for disability benefits and provide a disability carrier with information about your claim. If your plan administration denies your claim, you have 180 days to appeal. That can make all the difference between getting and losing your ERISA benefits. You must complete the appeal before filing a lawsuit. If your ERISA long term disability claim is denied, contact disability attorney Nancy Cavey who can explain to you your rights to long term disability benefits. Do not wait to learn about your options, contact us today before...

16 July

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How much of my income is disability insurance intended to replace?

Posted by Nancy Cavey

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How much of my income is disability insurance intended to replace? Many Americans, just like Nancy Cavey’s father, purchased disability insurance to provide financial assistance when they need it most and were disabled and unable to work. Disability insurance benefits are intended to replace from 40-60% of your gross income if you are unable to work for an extended period of time. If you are looking to file for disability, or looking to answer questions about disability like is your income on disability insurance going to replace your current income, give us a call today at 727-894-3188 to talk with us. The...

27 March

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I have been paid my long-term disability benefits for 10 years. Now they are denying my claim. Can I sue them?

Posted by Nancy Cavey

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Before suing a long-term disability carrier, it is advisable to exhaust your appeal rights that are available under the Employee Retirement Income Security Act, (ERISA). If you purchased your group long-term disability policy through your employer, your case will be governed under the ERISA disability law which allows for a 180-day appeal period. Nancy Cavey, ERISA long-term disability attorney, suggests that you get a copy of the long-term disability carrier’s file, including the adjusting notes, so you can see how they set your claim up for denial. It is important that you retain an experienced ERISA disability attorney to perfect an...