02 November

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No. 4 – The 2008 economy and the payment of long-term disability benefits.

At Cavey & Barrett we are seeing a "slow pace strategy" by long-term disability carriers. We have found that carriers aren't "receiving paperwork," asking for the same information over and over, suggesting that they need information, indicating that there is a delay in getting information from physicians. These are all delay tactics that the carriers are using to delay payment to you. With stock prices down and a lack of investment income earnings, disability insurance companies are taking longer to determine disability claims and to pay long-term disability benefits. If you are experiencing any of these problems with your long-term disability or...

02 November

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No. 5 – What every medical professional needs to know about ERISA.

Posted by Nancy Cavey

in Long Term Disability

It is important that medical professionals understand their long-term disability policy so they can prevent the disaster of being disabled and being unable to recover the benefits they deserve. Did you know that there are three types of disability policies? Do you know which kind you have? The first is an individual disability policy, which you may have purchased directly from a carrier and which provides you long-term disability benefits in the event of sickness or injury. Do you know that there are two types of individual policies? The first is a general policy that insures you against being disabled and being able...

02 November

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No. 7 – The long-term disability carrier is denying my benefits because my physician won’t respond to their request for information. What should I do?

Posted by Nancy Cavey

in Long Term Disability

The long-term disability carrier should not be contacting your treating physician without letting you know. In a 9th Circuit court case, Safon v. Wells Fargo & Company, Long-term Disability Plan, 522 F.3d 863 (9th Cir. 2008), the court held that direct contact with a treating physician was a direct violation of the ERISA fiduciary duty. This court also held that Met Life and Wells Fargo violated ERISA by attempting to use the physician's failure to respond as evidence against the claimant: "A doctor is not a lawyer; though he may provide information that is relevant to a claimant's disability, his actions...

02 November

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Has your claim for long-term disability benefits been denied on the basis that you haven’t been putting forth your best efforts?

Posted by Nancy Cavey

in Long Term Disability

Long-term disability carriers routinely hire companies such as The Reed Group, to review long-term disability claims. Unfortunately, the Reed Group will use, as a basis for denying claims, an allegation that a psychiatrically disabled person hasn't put forth their best efforts in neuropsychological testing based on tests of memory validity. The Reed Group will conclude that you haven't been "cooperating" under the terms of the plan. If your claim for long-term disability benefits has been denied or the carrier is sending you to a neuropsychiatry examination, contact Nancy Cavey immediately. Also, Contact us for our free, no-obligation books "Robbed of Your...

02 November

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Disability insurance companies are increasing their Long Term Disability Denials

Posted by Nancy Cavey

in Long Term Disability

Attorneys Jason Newfield and Justin Frankel, disability law colleagues of Nancy Cavey, have noted that "disability insurance companies are fighting to protect their cash reserves and the claims area is the first place to shore reserves. There is no downside to these companies when they delay or deny claims, and long-term disability policyholders must keep that in mind." Disability insurance lawyer Nancy Cavey urges that you understand the claims process and written two critical books to assist you through the Long Term Disability Claims Process. Please contact us for your free, no-obligation books, "Robbed of Your Peace of Mind" and "The...

02 November

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The Seven Things Long-Term Disability Policy Holders Should Do

Posted by Nancy Cavey

in Long Term Disability

Nancy Cavey, Hillsborough and Pinellas Counties disability insurance company lawyer, suggests that longer-term disability applicants call and: (1) get a copy of their policy; (2) read the policy and the directions for filing their claim and follow every step; (3) make a copy of everything you send to the disability carrier; (4) send everything to the long-term disability carrier with return receipt request to prove that you sent the material; (5) if you speak with the adjuster, which Nancy Cavey does not suggest you do, document every telephone conversation; (6) if you have a high monthly benefit policy, be prepared for surveillance. The disability insurance company...

02 November

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No. 10 – Can I refuse to attend a neuropsychological exam at a long-term disability carrier?

Posted by Nancy Cavey

in Long Term Disability

If a long-term disability carrier is scheduling you for a neuropsychological exam, I strongly suggest that you contact an attorney like Nancy Cavey immediately! Nancy Cavey is familiar with the neuropsychologists routinely used by long-term disability carriers. We won't ever refuse an exam, but there are a number of things that can be done to protect your interests. These include: (1) obtaining your own neuropsychological exam before attending the long-term disability carrier's neuropsychological exam; (2) videotaping the independent medical examination; (3) limit the carrier's neuropsychological review to the raw data of your examination. To discuss this, and any other issues you have with your long-term...

02 November

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Shopping for a physician and dental disability insurance.

Posted by Nancy Cavey

in Long Term Disability

Physicians and dental disability insurance can help protect medical providers and their families in the case of injuries or unexpected circumstances. You and your family rely on your paycheck to pay bills, feed and clothe your family, and to provide a home and a lifestyle that have come to expect. There are a number of things that you should consider before choosing a disability insurance policy. At Cavey & Barrett, we recommend that physicians and dentists purchase private disability insurance policies instead of a policy through a group plan. You should consider the following: 1. Quality. This disability plan will be the...

02 November

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Three things that claimants must do before filing a disability claim.

Posted by Nancy Cavey

in Long Term Disability

It is crucial that any long-term disability policyholder who is about to file a claim for immediate disability benefits do the following: 1. Get a copy of the original policy. 2. a. Read the policy so that you understand whether or not your disabling condition is, in fact, covered under the terms of the policy and for how long benefits will be paid. You also need to understand whether there will be any reduction from your disability benefits for income such as Workers' Compensation, Social Security, or even 401K deductions. 2. b. You should also read the policy for the directions required for...

02 November

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Policy provisions.

Posted by Nancy Cavey

in Long Term Disability

Each long-term disability policy is different. Unfortunately, there is no uniform long-term disability policy in the United States. Each policy has different provisions. You should understand what the definition of disability is under your long-term disability policy, what conditions are excluded, when you have to file a claim, how much you are entitled to in benefits, whether or not there are offsets or reductions against benefits, and how long the claim process takes. Group disability coverage is designed to limit coverage and benefits. That's why long-term disability policies cost significantly less than a quality individual private disability insurance policy. Answering these broad-based...