21 February

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What Every State Legislature Can Do to Protect ERISA Disability Policy Holders

ERISA disability policies hide behind an important clause in their long term disability policy in justifying their claims denial, that’s called a “discretionary clause”, a discretionary clause gives all the power to the long term disability carrier to deny your benefits. Courts will defer to the long term disability carriers decision making it very difficult for wrongfully denied long term disability policy holders to win their case. Many states are now tempting to use their power to regulate the insurance industry by banning discretionary clauses and policies issued in the state. These include states like Washington, California, and Texas. We in Florida...

21 February

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Long Term Disability Insurance Carriers Will Deny Your Claim by Mis-Classifying Your Occupation

Posted by Nancy Cavey

in Long Term Disability

It is not uncommon for long term disability carriers to have a vocational evaluator determine that your occupation is sedentary in nature and then, in turn allege that your medical records can’t support your inability to [caption id="" align="alignright" width="173" caption="Occupation Long Term Disability"][/caption] perform the full time functions of a sedentary occupation. The vocational evaluator, together with an internal physician peer review, will determine that your restriction and limitations and qualify you for a sedentary occupation. Why? If you are capable of engaging in at least a sedentary occupation, you are not entitled to long term disability benefits. It is important in appealing...

07 February

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If You Don’t Plan for Your ERISA Long Term Disability Benefits to be Reduced by the Receipt of Social Security Benefits, You’ll Hate Yourself Later

Posted by Nancy Cavey

in Long Term Disability, Uncategorized

A long term disability policy is supposed to provide you with peace of mind. Unfortunately, many long term disability insurance policies have a clause in the policy which allows the long term disability carrier to reduce your long term disability benefits by the receipt of Social Security Disability benefits and even other income such as workers compensation. If, for example, you make $24,000 before you became disabled, your pre-disability income was $2,000 per month. Long term disability benefits normally pay 60% of the pre-disability income and in this case, the gross monthly LTD benefits would be $1,200. That sounds okay but if...

10 January

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Make Sure Your Buyout Offer Doesn’t Destroy Your Long Term Disability Claim

Posted by Nancy Cavey

in Long Term Disability

Employers, in these difficult times, are offering their employees buy out packages. If you are applying for long term disability benefits, or your long term disability benefit claim has been denied, you should carefully read any buy out offer. Why? In the fine print there might be a clause that says that you are giving up any “ERISA claims”, that’s code word for short or long term disability claims. You will have to negotiate with your employer to exclude any ERISA claims from any buy out. It is important that you adamant about that particularly if you have a short or...

06 January

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Learn How Easy the Long Term Disability Mediation Process is with My Help

Posted by Nancy Cavey

in Long Term Disability

If you file a long term disability lawsuit in federal court, a federal judge will order you to attend what is called a mediation. A mediation is a crucial step in every long term disability claim because it is an opportunity for you and the long term disability insurance company to meet face to face to discuss your long term disability claim. In mediation, a neutral third party, called a mediator, will be in charge of this discussion. It is important that you remember that the mediator isn’t a judge and can’t make the parties do anything. However, the mediator’s real job is to...

30 November

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If You Don’t Consult a Long Term Disability Lawyer Before You File Your Claim for Long Term Disability Benefits, You’ll Hate Yourself Later

Posted by Nancy Cavey

in Long Term Disability

When you apply for short or long term disability benefits you can make some very serious mistakes that can destroy your claim or limit the benefits your are entitled to. That’s why Nancy Cavey, a long term disability attorney, suggests that you get advice about the disability claims process before you file a claim for benefits. Why? You’ve purchased a disability policy to protect your lifestyle and if you try to represent yourself, you can make crucial mistakes in the application phase. Unfortunately, I have had cases where lawyers and doctors who become disabled try to represent themselves in the disability...

30 November

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

Posted by Nancy Cavey

in Long Term Disability

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...

29 November

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Do You Know When You Should Consult a Disability Lawyer?

Posted by Nancy Cavey

in Long Term Disability

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...

29 November

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The Dirty Secret About Long Term Disability Interviews

Posted by Nancy Cavey

in Long Term Disability

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...

15 November

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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!

Posted by Nancy Cavey

in Long Term Disability

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...