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Long Term Disability > Long Term Disability

Long Term Disability Attorney Near Me – Your Trusted Partner from the Law Office of Nancy L. Cavey

When you're facing the challenges of a long-term disability claim, having a skilled long term disability attorney near me is essential. Finding expert guidance that's conveniently located can make a significant difference in your case. At the Law Office of Nancy L. Cavey, we're dedicated to providing top-notch legal assistance right in your local area. The Importance of Choosing a Long Term Disability Attorney Near Me Choosing a long term disability attorney near me offers distinct advantages. Proximity means accessibility – you can have in-person consultations, attend meetings, and collaborate more effectively. This closeness facilitates a better understanding of your unique situation...

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ERISA Disability Policy: Be Prepared for Limited Benefits for Neuromuscular Disorders

You purchased a disability insurance policy to provide you with peace of mind, but there might be a terrible flaw in your policy that will rob you of that peace of  mind and your financial security. The Two Types of Limited Disability Benefit Provisions in an ERISA Disability Policy or Plan There are two limited disability benefit provisions that you might find in a disability insurance policy or plan. The first is a mental-nervous policy limitation that will limit the payment of benefits to just two years if the disability is caused by a psychological condition. The second is a “subjective medical condition”...

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Buerger’s Disease and Your Long-Term ERISA Disability Claim

Buerger’s disease, which is also known as thromboangitits obliterans, is a vascular disorder that primarily affects cigarette smokers. It causes narrowing or blockage of the veins and arteries of the legs or arms which can make it difficult if not impossible to work. If you have an ERISA disability policy, you may be entitled to your disability benefits because of Buerger’s disease if you can’t perform your own or any other occupation. My father became disabled, in part, because of Buerger’s disease, and had extreme pain, cramping,  numbness and tingling with ulcers on his legs. He stopped work and applied for his...

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The 900,000 Surge of Disabled Workers in the United States, the Role of COVID-19, and What Can Happen To Your ERISA Disability Claim When Work Accommodations End

According to a study by the Federal Reserve Bank of New York, “there has been a surge of about 900,000 people with disabilities in the U.S. workforce since 2020.” It is thought the increase is due to Americans with long COVID who have remained in the workforce. Emily Peck of Axios Markets wrote an article entitled “Behind the Surge in Workers With Disability: Long COVID,” in which she reported that employers are accommodating the needs of those with COVID. In her discussions with Richard Dietz of the Federal Reserve, he pointed out that “the majority of the newly disabled deal with...

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Loeys-Dietz Syndrome and Your ERISA Short-Term or Long-Term Disability Insurance Claim

Loeys-Dietz Syndrome Disability Claims

Loeys-Dietz syndrome is a genetic disorder that affects the connective tissue in your body that provide not only strength but flexibility to bones, ligaments, muscles, and blood vessels. It affects multiple body  systems and can result in a disability insurance claim if you are no longer able to work. Common problems include: 1. enlargement of the aorta, which can result in aneurysms or dissections of blood vessels, 2. skeletal problems that include a premature fusion of the skull, scoliosis of the spine, a sunken  or protruding chest, and joint deformities, 3. spontaneous collapse of the lungs, and 4. hernias. The two most disabling problems are cardiac...

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“Limited Disability Benefits” Clauses in Chronic Fatigue Syndrome Disability Insurance Claims

Chronic Fatigue Syndrome Disability Claims Clause

Many disability policies or plans have subjective medical condition or limited disability benefit clauses that will limit the payment of disability benefits to just 24 months. There is often a fight about the terms of these limited disability clauses and whether a particular medical condition falls within the limited disability benefits clause. That is exactly what happened in the case of Tucker v. Express Scripts Health & Welfare Benefits Plan, 2022 WL 88143 (E.D. Mo. Mar. 25, 2022). Mr. Tucker was covered under a disability plan that had a “Limited Disability Benefits” clause that limited the payment of disability benefits after...

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Can Your Facebook posts Lead to a Denial or Termination of Your Long-Term Disability Benefits?

Facebook Disability Claims

Disability carriers will use every trick in the book to deny a disability claim, and they’ve written much of the book themselves. A disability carrier will review the activities that you reported on the Activity of Daily Living forms that you completed, hopefully consistent with what you told your doctor. Then, they’ll compare that to what you actually do, whether they discover this through surveillance or through looking at social media posts. The insurance carrier will investigate your claim by using social media posts, including Facebook. These posts can destroy your claim! That is what happened to Ms. McCoy who was...

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Are You a Salesperson Whose Disability Insurance Policy or Plan Has Occupational Classes That Can Impact Your Disability Insurance Benefits?

Salesperson misclassification of occupational class and disability insurance

A disability insurance company can offer to an employer disability insurance benefits for its employees that lumps occupations into classes. Why? Disability carriers will lump jobs into specific occupational classes based on risk. These classes take into consideration the hazards of the job, the length one may be disabled and the odds that a disabled policy holder won’t return to work. In other words, the disability carrier will use an occupational class to determine the premium you will have to pay, what benefits the policy will provide and the maximum benefit you can get. It is common for sales-based employers to offer a...

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My Long-Term Disability Claim Has Been Denied Do I Have to Exhaust All Levels of Appeal Even If My Appeal Won’t Matter?

Long Term Disability Appeal Court Claims

You paid your premiums, filed your claim when you were no longer able to work, and waited for your check. But instead of a check, you got a letter denying your claim. A long-term disability claim denial can be devastating. Alternatively, your claim might have been accepted, but now you’ve gotten a letter from the disability carrier terminating your benefits. The denial or termination letter should explain the basis of the denial or termination, your rights, and your obligation to file an appeal of the denial or termination.   Do I have to Exhaust All Levels of Appeal before Going to Court?   The short answer...

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Must You File an Appeal of Your Denied Long-Term Disability Claim or Can You Just File a Lawsuit?

File an Appeal of Your Denied Long-Term Disability Claim Lawsuit

The answer is “Yes,” you must file an appeal first before you file a lawsuit. Fighting your long-term disability carrier can be exhausting. Delay, endless requests for more information, not so “independent” a “medical evaluation,” surveillance and denial, are all designed to wear you out. You might be tempted to say “nuts” to that and just file a lawsuit in court. Unfortunately, that can destroy your case. What Are Your Obligations to File an Appeal of a Denied Long-Term Disability Claim? Every disability policy or plan requires that an appeal of a denied claim be filed before suing to get the disability benefits you...

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