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Help! The Long Term Disabilty/ERISA carrier has called and wants to come to my house! What should I do?

Help! The Long Term Disabilty/ERISA carrier has called and wants to come to my house! What should I do? Nancy Cavey, a Florida based disability attorney, has a blog just on long term disability and ERISA issues where you will find a free guide about how to prepare for your home visit. Start reading! I suggest you read this posting and the other 26 postings about the questions you will be asked at this visit. Next, I suggest you call me as you don't want to have a home visit without being prepared and having representation. This is...

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Do I have to have the long-term disability/ERISA insurance company’s permission to speak with my doctor?

Do I have to have the long-term disability/ERISA insurance company's permission to speak with my doctor? No! And - no! And I'm not kidding, no! The long-term disability/ERISA insurance company will miss use any release you give them. What do we mean? Long-term disability/ERISA insurance lawyer Nancy Cavey has found that carriers will use the release to call up your doctor in question your doctor's diagnosis, opinion about your ability to work, and even have your doctor look at surveillance film. The long-term disability/ERISA insurance companies will have their doctor try to intimidate your doctor. The ...

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When should I file a claim for long-term disability/ERISA benefits?

When should I file a claim for long-term disability/ERISA benefits? Before you stop working, long-term disability/ERISA lawyer Nancy Cavey suggests that you get your long-term disability policy (LTD) out and read that portion of the policy that tells you when you must file a claim. Most policies require that you file your claim for long-term disability/ERISA benefits within a certain period of time after you stop working. Different policies say different things, but we commonly see a 30 day requirement for the timely reporting of your long-term disability claim. Make sure you don't miss that crucial...

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My doctor tells me that I can’t work anymore. What steps should I take before I stop working?

My doctor tells me that I can't work anymore. What steps should I take before I stop working? Get your long-term disability insurance policy (LTD) out and start to read. First, make sure that the condition preventing you from working is covered under your long-term disability policy. For example, if your policy doesn't pay benefits for fibromyalgia or only pays for 24 months, you better know that before you stop working. Secondly, look to see if there are any clauses in your policy that say benefits won't be paid unless you work for certain time before you...

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What if I am a public employee?

What if I am a public employee? ERISA excludes local, state, and federal employees from coverage. For those covered under a private plan, the claim for the denial of benefits is going to be a claim for the breach of a contract and can be tried by jury in a state court system. The term “disabled” is defined in the policy, and the jury will be asked to determine if the claimant is disabled. Evidence is allowed to be brought in from outside of the “administrative record”. It is essential that you contact an attorney if...

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What does ERISA do?

What does ERISA do? ERISA, an Employee Retirement Security Act enacted in 1974, requires employers to provide participants with information about the plan, plan funding and important features. This information is to be provided regularly and automatically. Information can be available free of charge or it can cost money. ERISA also sets the standards for employers for benefit accrual and funding rules. It is defined by the law as when an employee becomes eligible to participate in a plan, accumulate benefits, and have a right for those benefits. The funding of plans is also controlled by...

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Tampa Bay Friends of 440 Scholarship Fund

The Tampa Bay Friends of 440 Scholarship Fund was founded by Nancy Cavey and is a non-profit organization comprised of attorneys, doctors, insurance adjusters, Judges of Compensation Claims, administrators, rehabilitation providers and others whose primary employment is connected with the Florida Workers' Compensation Act.  These members donate their time and energy to promote social and educational charitable causes connected with the Workers' Compensation system. The primary function of this organization is the award of scholarships to students who are dependents or descendants of individuals who have been injured in the course and scope of employment or whose parents' employment is primarily...

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Why Every Dental Professional Should Have a Disability Claims Consultation Before Filing a Claim for Long Term Disability Benefits

There are many stumbling blocks in the disability process. Before a dental professional considers filing a claim for disability benefits, there is help available to make that difficult decision about whether and when to apply for disability benefits and how to maintain your practice as you move through the disability process. Disability claims advice should include the following: 1. Get a professional review of your disability policies, including business overhead policies, a written summary of your benefits and potential problem areas as you move through the disability claims process. 2. An analysis of your...

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