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Long Term Disability

CaveyLaw.com > Long Term Disability (Page 11)

If You Don’t Pick the Right Date to Stop Working, You’ll Hate Yourself Later When Your Long Term Disability Claim is Denied

If your doctor has told you that you are unable to work and you are thinking about applying for short or long term disability benefits, one of the most important decisions that you need to make is the date on which you stop working. If you pick the wrong date to stop working, your claim could be denied! Many short and long term policies have a provision that requires you to have coverage for a certain period of time before you become eligible to file for benefits. So, if for example, your policy requires that you be covered a year before...

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Do You Know When You Should Consult a Disability Lawyer?

The disability insurance claims process is complicated and an innocent mistake can destroy your claim for benefits. While it may not be necessary to consult a disability attorney, Nancy Cavey, disability claims denied attorney, thinks that it is important that you get advice about the disability claims process even before you file a claim for disability or stop working. You can have your disability insurance policy reviewed so you can understand the crucial terms that will govern your entitlement to benefits, the amount of your benefits, and even the claims process. You can even decide whether you need to retain an...

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The Dirty Secret About Long Term Disability Interviews

Long Term Disability Attorney Nancy Cavey who has written the go to guide on surveillance and completing activity of daily living forms, knows that there is a dirty secret about long term disability insurance carrier interviews. If, for example, you've undergone survey, you will most likely see these kinds of questions: How is your recovery coming? What are your current restrictions and limitations? What are you current symptoms? What is your current course of treatment and does this include a return to work? If not, why not? How often do you meet with your physicians? Have you started any physical therapy? Are you taking any medication? If...

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If You Don’t Understand the ERISA Regulations Requiring the Disability Carrier to Make a Timely Decision On Your Claim, You’ll Hate Yourself!

If your short or long term disability claim is ERISA claim covered by federal law, the ERISA regulations provide, that “in the case of a plaintiff disability benefits, the plan administrators shall notify the claimant… of the claimant’s adverse benefit determination within a reasonable period of time, but no later 45 days after the receipt of the claim by the plan. This period may be extended by the plan for up to 30 days, provided that plan administrator both determines that such an extension is necessary that it matters in the control of plan and notifies the claimant prior the...

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The Truth about the US Economy and its Impact on Long Term Disability Claims

In Hartford's 2010 Benefit Landscape Study, Long Gendreau, Executive Vice President of the Hartford Group Benefits, explained that the number of employees in the United States with "short term disability insurance rose from 41% in 2009 to 55% in 2010" the percentage of American workers with "long term disability insurance increased from 36% in 2009 to 47% in 2010". Income production is key to protecting your financial well-being. Nancy Cavey, Florida individual policy attorney, recommends that if you are considering the purchase of a long term disability policy, that you purchase your own personal individual disability policy as opposed to a grouped...

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The Truth About Long Term Disability Carriers Attending Physician Forms

All long term disability carriers will have your physician complete what called an attending physician form. Unfortunately, there are no uniform forms. AETNA, for example, asked doctors to comment on activities of daily living driving, lifting, pulling and pushing. In Helms vs. Gerald Dynamics Corp, 2007 US.app.Lexus 4534 (11th Circuit February 7th, 2007) in a published decision, the 11th circuit held that AETNA "unreasonably construed what qualified as restrictions and limitations", ignoring the opinions of the treating physician which established the extensive restrictions and limitations and which were greater than AETNA's own attending physician form. Initially, AETNA concluded that the claimant had...

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The Dirty Little Secret that Hartford Doesn’t Want you to Know about Juan Mendez, Dr. Mark Burns and Dr. Michael Ratter

Long term disability carriers, like Hartford Life Insurance Company routinely see claims like fibromyalgia syndrome which cause persistent and debilitating pain. For example, in Klehforf vs. Hartford Life and Accident insurance Company, 201.WL.260066018 (N.D. Ind., June 22, 2010), Mr. Klehforf was employed as Vice President and Senior Fiduciary Officer at JP Morgan Chase from 1976 until September 2007. Unfortunately Mr. Klehforf, had suffered from fibromyalgia and was unable to continue to work at Chase. Hartford review the medical evidence and concluded, mysteriously, that the “medical evidence didn’t support” the claim. This, of course is a common Hartford defense and one that...

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The Truth about ETNA’s Claim Handling of Spinal Injuries | St. Petersburg Disability Attorney

Long term disability carriers, like ETNA Life Insurance Company are in the business of collecting premium and notInsurance Carriers Like Etna Claim Handling paying benefits. In the case of Capone vs. ETNA Life Insurance Company, 22 Florida Law Weekly Fed C368 cited as 592f3d1189 (11th Circuit 2010), Mr. Capone sustained an injury to his spine when he dove head first into the ocean after witnessing others doing so. ETNA denied the claim on the basis that “alcohol had necessarily caused or contributed to the employees injury”. In the great decision, the 11th Circuit took ETNA to task for the policy language...

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Is Your Financial Future as an Orthopedic Surgeon Vulnerable because You Don’t Understand the Terms of Your Northwest Mutual Long Term Disability Policy?

Here’s a rhetorical question. When is orthopedic surgery not automatically considered an occupation on your long term disability policy? That’s an important question to know the answer to because you might be jeopardizing you rights to long term disability benefits if you become disabled. Some long term disability carriers, like Northwestern Mutual may deny long term disability claims on the fact that “surgery is not a substantial or material duty of your occupation as an orthopedic surgeon” by looking at the number of surgeries or percentage of income you generate from surgeries. Companies like Northwest will say that your occupation is not...

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If You Don’t Understand the Games Employers are Playing in Managing Short Term Disability Claims, You’ll Hate Yourself Later

Short term disability attorney Nancy Cavey is seeing employers for short term disability cases is to limit the eligibility periods to as short as thirteen weeks, or more commonly, terminating short term benefits before full recovery. In the last six months Nancy Cavey has seen the termination of benefits before full recovery either causing a premature forced return to work or a delay in obtaining long term disability benefits. In some instances this may be a strategy designed to make absent employees to seek employment elsewhere or join unemployment. If your short term disability claim is being delay or denied contact short...

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