12 August

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Make Your Medical Records Work for You and Your Claim for Long Term Disability Benefits

When you apply for short or long term disability benefits, carriers will obtain your medical records and have your physician complete what’s called an Attending Physician's Statement Form. Make Your Medical Records Work for You Those medical records and what your physician has to say about your restrictions and limitations can make or break your disability claim. It’s crucial that your doctor document, with your assistance, your physical or psychiatric complaints, how those complaints impact on your ability to function and establish an objective basis for your doctor’s opinions about your restrictions and limitations. Many times, disability carriers will deny disability claims on the...

02 May

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Celiac Disease and Your Rights to Long Term Disability Benefits.

Posted by Nancy Cavey

in Long Term Disability

Celiac Disease is a permanent intolerance to wheat protein and related alcohol soluble proteins (prolamins) found in rye and barley. Celiac Disease can lead to an autoimmune disease, which can result in inflammation and malabsorption of critical vitamins, minerals and calories and eventually a long term disability. Signs and Symptoms of Celiac Disease These signs and symptoms can include: 1.) Diarrhea, 2.) Iron deficiency anemia, 3.) Lactose intolerance, There are also “non classical” symptoms, like abdominal pain, The key to confirming the diagnosis is a small intestinal biopsy, and your response to a gluten free diet. Because Celiac Disease is an autoimmune condition, you may have a long term disability...

30 April

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Osteoporosis and Your Right to Long Term Disability Benefits.

Posted by Nancy Cavey

in Long Term Disability

If you have purchased a Long Term Disability policy through your employer or on your own, you may be entitled to Long Term Disability Benefits, if your doctor has told you that you are unable to work as a result of Osteoporosis. How is Osteoporosis Diagnosed? A Bone Density Test is the only test that can diagnose Osteoporosis before broken bones appear. It can also, 1.) Predict your chance of breaking bones in the future, 2.) See if your bone density is getting worse or staying the same, Bone Density Tests The National Osteoporosis Foundation recommends a Bone Density Test of the hip and spine using...

23 April

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Physician Support for Your Long Term Disability Claims! Crucial!

Posted by Nancy Cavey

in Long Term Disability

If you have purchased a Long Term Disability policy through your employer or on your own, you may be entitled to Long Term Disability benefits if your physician has told you that you are unable to work. Let’s be frank! A claim for disability benefits will never be approved without the support of your treating physician. Your doctor has to certify and document in your medical records you have restrictions and limitations that prevent you from working either in your occupation or any occupation. Nancy Cavey, A Nation Wide Long Term Disability Attorney, thinks it’s crucial that you provide your doctor with...

07 March

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Continuing Disability Statements and Your Rights to Long Term Disability Benefits: The Introduction

Posted by Nancy Cavey

in Long Term Disability

You may have received a phone call or letter from your long term disability carrier advising that they want to take “a continuing disability statement”, they may even come to your house to attempt to take the statement which I strongly discourage. The introductory part of the continuing disability statement will include: 1. The agreement that the interview site is an agreeable location 2. Identify who is present and their relationship, if any, to you 3. The day’s date and time 4. Your acknowledgement that the interview is going to be recorded and your agreement to the same 5. Questions as to whether you are...

14 February

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The Initial Application for Short Term or Long Term Disability Benefits Can Make or Break Your Case

Posted by Nancy Cavey

in Long Term Disability

Completing your initial application without consulting a disability attorney is a setup for failure. You should formulate a plan of attack for winning your long term disability claim before you willy nilly complete an initial disability application with hopes that your carrier will Fedex a disability check to you. Applications often contain vague questions that are misleading or will bait you into submitting incomplete information. Worse yet, having an irregular disability policy you don’t even know the standard proof you need to establish to show that your disabled as a result of your medical condition. You will also be asked to have...

04 February

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Tricks Long Term Disability Carriers Will Use to Deny Your Claim for Disability Benefits

Posted by Nancy Cavey

in Long Term Disability

Many long term disability carriers will use a paper review of your file conducted by its internal medical personnel to determine whether or not there is: 1. An objective basis of your severe diagnosis. 2. An objective basis for the restriction of limitations that have been assigned. 3. A causal relationship between your diagnosis and or restrictions limitations in your inability to perform your own occupation. It is not unusual for long term disability carrier’s medical personnel to determine your records do not indicate an inability to return to work. Next weapon that long term disability carriers will use is a functional capacity evaluation to...

14 January

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Do ERISA plans have to abide by Social Security Disability benefit award?

Posted by Nancy Cavey

in Long Term Disability

No, the United States Supreme Court in MetLife vs. Glen, 554 US 105 (208), was troubled when MetLife encouraged Mr. Glen to apply for Social Security Disability benefits, reduced his long term disability benefits by the receipt of the Social Security benefits and then ignored the Social Security finding entirely in denying the long term disability benefits. Many ERISA plans require claims to apply for Social Security Disability benefits and they even provide legal assistance to provide those benefits. Since the Glen decision, many long term disability insurance companies have been careful to reconcile the Social Security determination with their ultimate...

04 January

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Why Should I Appeal the Denial of my Disability Benefits?

Posted by Nancy Cavey

in Long Term Disability

You purchased a long term disability policy to provide you and your family peace of mind. Unfortunately, long term disability carriers are not in the business of paying disability benefits to their policy holders. They would rather collect the premium. So, what happens after you have submitted your claim and you have been denied? There are two reasons why you should appeal the denial of your disability benefits. Why? 1. Your appeal is your last chance to submit evidence of your disability. You can actually get a copy of your file from your disability carrier which will help you determine the real...

02 January

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What is an ERISA Appeal?

Posted by Nancy Cavey

in Long Term Disability

If you’ve purchased a long term disability insurance policy through your employer, it, most likely, is governed by the ERISA law. ERISA is a pro insurance federal law which requires that you submit an ERISA appeal if your claim has been denied. Generally speaking, an ERISA appeal is your only opportunity to submit additional information in support of a denied claim. Simply writing a letter saying that your appealing the decision or sending a letter from your physician saying that you are disabled wont win your appeal. It is crucial that the appeal addresses the myriad of reasons that long term...