16 March

Sticky

Can long term disability Carriers sue me for a refund of my long term disability benefits?

Can long term disability Carriers sue me for a refund of my long term disability benefits? Unfortunately, one of the techniques that long term disability carriers seem to be using these days is to terminate long term disability benefits and then attempt to sue policy holders asking for a refund of benefits. Saying that they were “defrauded” This is just one of the many games that long term disability carriers will play to rob you of your peace of mind. If the long term disability carrier is seeking a refund of all the long term disability benefits paid, contact long term disability...

03 March

0 Comments

Sticky

The Two Ways to Submit a Winning Social Security Disability Application

Posted by Nancy Cavey

in Uncategorized

You can apply for Social Security Disability benefits online or at the Social Security Disability office. Regardless of where you apply, there are two secrets to creating a Social Security Disability application. You should supply complete information about your medical treatment sources including their name and address. After your Social Security Disability claim is taken at the St. Petersburg Social Security Disability office, it is transferred and assigned to a disability examiner. The job of the examiner is to do: Request your medical records. Wait for your records to arrive. Read and evaluate those records. Render a decision on the claim. You medical records are key to...

24 February

0 Comments

Sticky

Can a Long Term Disability Carrier in Florida Take my Social Security Disability Benefits that I Receive in a Lump Sum?

Posted by Nancy Cavey

in Uncategorized

Can a Long Term Disability Carrier in Florida Take my Social Security Disability Benefits that I Receive in a Lump Sum? No! In Herman vs. Metropolitan Life Insurance Company (689 f supp 2d 1316 (MD Florida 2010)), Ms. Hermann did not have to pay back Metropolitan Life’s claimed lien resulting in her receipt of Social Security Disability benefits. Ms. Herman had “dissipated” or spent the long term disability benefits that had been paid in the past, she had no traceable funds in her possession. The only recovery that Metropolitan Life could potentially make was from Social Security benefits. However, by law,...

23 February

0 Comments

Sticky

How long does a Social Security Disability medical exam last?

Posted by Nancy Cavey

in Uncategorized

How long does a Social Security Disability medical exam last? Most Social Security Disability exams last between fifteen to twenty minutes if you are claiming you are disabled as a result of a physical condition. Read this article about medical exams to learn more about your claim and your rights to Social Security Disability benefits....

21 February

0 Comments

Sticky

What does the Social Security Administration consider a “disability” for the purposes of my Social Security Disability application?

Posted by Nancy Cavey

in Uncategorized

What does the Social Security Administration consider a “disability” for the purposes of my Social Security Disability application? The Social Security Administration defines disability as a “physical, mental, medical condition that prevents an individual from working for more than 12 months”. Do you know that disability can be caused for Social Security purposes by an injury or even an illness. If your doctor told you that you will not be able to work for at least 12 months, you should apply for Social Security Disability benefits for more information about the Social Security Disability claim’s process, you can order a complimentary...

14 February

0 Comments

Sticky

I have applied for Social Security Disability Benefits and wonder why I have been scheduled for a Social Security Disability medical exam?

Posted by Nancy Cavey

in Uncategorized

FAQ: I have applied for Social Security Disability Benefits and wonder why I have been scheduled for a Social Security Disability medical exam? If you do not have enough medical documentation to support your claim or you haven’t gotten treatment within sixty days as part of your Social Security Disability application, the Social Security Administration will, most likely, schedule you for what is called a Social Security Disability medical exam or consultative exam. It is crucial that you be prepared for what will happen at the Social Security Disability medical examination and that you be honest and trustworthy. While it is...

07 February

7 Comments

Sticky

How to Calculate Your Long Term Disability Benefits and the Insurance Carriers Right to a Social Security Offset

Posted by Nancy Cavey

in Uncategorized

Did you know that many long term disability policies are written so that the long term disability insurance company gets to reduce your long term disability benefits by the receipt of “other income” which can include your Social Security Disability benefits, your family member’s Social Security Disability benefits and even workers’ compensation benefits. But it’s worse! Not only does the short or long term disability insurance company get to reduce your monthly long term disability benefits by your monthly Social Security benefits, they will often sue you to recover your back long term disability benefits arguing that you have been...

07 February

0 Comments

Sticky

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...

04 February

0 Comments

Sticky

Why does the long term disability carrier have the right to reduce my long term disability benefits by the receipt of Social Security benefits?

Posted by Nancy Cavey

in Uncategorized

FAQ: Why does the long term disability carrier have the right to reduce my long term disability benefits by the receipt of Social Security benefits? Answer: Great question! Unfortunately, many long term disability carriers have a clause in the insurance contract that says that the long term disability carrier gets to take advantage of your favorable Social Security decision. That means they can ask for a repayment of overpayment of benefits and reduce your future long term disability benefits. They get you coming and going. Florida long term disability attorney Nancy Cavey, has written Robbed of Your Peace of Mind, which explains the...

31 January

0 Comments

Sticky

The Long-term Disability Carrier is trying to talk with my treating physician behind my back. What should I do?

Posted by Nancy Cavey

in Uncategorized

Unfortunately, it's not uncommon for the long-term disability insurance company to use the medical release which you signed to communicate directly with your treating physicians without notice to you. They will also tell your treating physician their version of your medical condition and your policy terms in an attempt to get the physician to release you to some form of employment. In the case of Safon v. Wells Fargo & Company, Long-term Disability Plan, 522 F.3d 863 (9th Cir. 2008), The court noted that the ERISA regulations call for a "meaningful dialogue" between the claims administrator and the beneficiary. The court...