02 November

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ERISA

ERISA stands for "Employer Retirement Income Security Act." It was passed in 1974 for the purpose of protecting employee benefits for group plan participants. Unfortunately, disability insurance policies are subject to the ERISA regulations, which long-term disability carriers refer to as "Everything Ridiculous in the World Since Adam." ERISA, which is a federal statute, pre-empts state law. That means that there are no state law causes of action, including bad-faith claims handling. I am sure that your HR manager thought that having a group LTD policy would be a great benefit to the employees and is part of a benefits package that...

02 November

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What every medical professional should look for in a disability insurance policy.

Posted by Nancy Cavey

in Long Term Disability

For medical providers just out of school, buying a disability insurance policy probably ranks last on their list of things to do. After all, you have just finished your training. You're young and healthy. What are the odds that you're going to become disabled? You may not think that a broken arm, a problem pregnancy, or a car accident may be disabling, but anyone of them could keep you out of work. According to the Health Insurance Association of America, over 30 percent of Americans ages 35 to 65 will suffer a disability that lasts at least 90 days sometime during...

02 November

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I don’t need disability insurance. I have it through my employer!

Posted by Nancy Cavey

in Long Term Disability

Many people insist that they don't need disability coverage because they have it through work. However, you should understand that most company issued group disability insurance only provides you with 60 percent of your salary, with a monthly maximum limit of $5,000 to $10,000. That can be less than 60 percent of your salary. These benefits are also fully taxable, which means that you get significantly less than 60 percent of what you're used to. Can you and your family survive on 40 percent of your salary? Most group disability insurance policies will also have a provision that will reduce your disability benefits...

02 November

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Shopping for a policy.

Posted by Nancy Cavey

in Long Term Disability

There are six disability insurance companies in the United States, and you can check their ratings at Moodys.com Standard & Poors.com or Ambest.com; however, company strength is not the only criteria. One of the most important criteria is the claims payment and claims denial rate of the long-term disability insurance company. You may have the most financially secure disability insurance company, but one which has the worst record in claims payment. Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188. ...

02 November

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Total disability and Your Long Term Disability Claim

Posted by Nancy Cavey

in Long Term Disability

One of the most crucial definitions in a long-term disability policy is that of total disability. If you have purchased or own an occupation policy and are disabled and can't perform the principal duties of the job you have, you will be paid long-term disability benefits even if you can do other tasks. For example, if you are a cosmetic dentist and can't perform the principal duties of that job, you are entitled to long-term disability benefits. Another important provision is residual disability benefits. Even if you become disabled, you may want to keep working. If you are denied benefits, contact...

02 November

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Long-term disability and coronary artery disease.

Posted by Nancy Cavey

in Long Term Disability

Mrs. C, who suffered from hypertension, hyper-lipidemia, COPT, cerebrovascular disease, coronary artery disease, and emphysema, underwent an angiogram that showed a high-grade stenosis for which she had stenting on three occasions and a subsequent venous graft. Her treating physician opined that she was permanently restricted from her job as a vocational rehabilitation counselor and, as a result, she was initially granted long-term disability benefits based on her inability to perform her job. She was entitled to continue disability benefits if she was unable to perform her own occupation, which was defined as "usual and customary employment, business trade or profession or vocation...

02 November

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Denied Long Term Disability Benefits Because of the Lack of Medical Treatment | Tampa Bay Disability Insurance Lawyer

Posted by Nancy Cavey

in Long Term Disability

I am often asked if a long term disability carrier can deny a claim for long term disability benefits because my client can't afford to get medical treatment? It is not uncommon for a long term disability recipient to lose their health coverage and be unable to obtain medical treatment. On the other hand, there are long term disability applicants whose medical condition is stable and while they remain disabled, there is really no treatment that would result in any significant improvement. While, in some circumstances, failure to seek treatment or failure to follow a prescribed treatment can be used...

02 November

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Federal Court Fines UNUM for Requiring LTD Receipents to File False Social Secuirty Disability Claims | Tampa Long Term Disability Attorney

Posted by Nancy Cavey

in Long Term Disability

Unum was found quilty of requring LTD applicants to file for Social Security Disability even if the applicant was not entitled or eligible for Social Secuity Disability. The court found that UNUM conduct was a violation of the false claim's Act and fined UNUM $11,000 for each violation. If you have been required by UNUM to file a claim for Social Security Disability, contact Cavey and Barrett. The full text of the decision is found below "2009 U.S. Dist. LEXIS 24340, * UNITED STATES OF AMERICA, ex rel. PATRICK J. LOUGHREN, Plaintiff, v. UNUMPROVIDENT CORP., et al., Defendants. Here, although each...

02 November

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Has Your Claim for Long Term Disability Benefits Been Denied Because You “Did Not Put Forth Your Best Efforts In Psychological Testing?” | Florida Long Term Disability Lawyer

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. As a result, your cliaim for long term disability benefits will be denied. If your claim for long-term disability benefits has been denied or the long term disability carrier wants to send you to...

02 November

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The 2009 Economy and the Payment of Long Term Disability Benefits. | St. Petersburg Long Term Disability Lawyer

Posted by Nancy Cavey

in Long Term Disability

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 long term disability 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...