28 October

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Claims Denials Based On a Misunderstanding of My Job Description

If you are Long Term Disability policy holder in what is called the own occupation stage, the Long Term Disability carrier will get information from your employer about your job description and job duties, if your policy requires the Long Term Disability carrier to use the description of your job is as preformed in the national economy, the Long Term Disability carrier will go to the book call the Dictionary of Occupational Titles and get the job duties as the position is preformed in the national economy. Unfortunately, Long Term Disability denied attorney Nancy Cavey often finds that the Long Term...

28 October

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Functional Capacity Evaluation and Chronic Fatigue Syndrome Long Term Disability Recipients

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If you are a suffer of Chronic Fatigue Syndrome or Fibromyalgia and have been scheduled for a Functional Capacity Evaluation, beware! You are being set up for a claims termination. Long Term Disability carriers hate Chronic Fatigue or Fibromyalgia claims because they feel that these are conditions based on “subjective complaints.” It is not uncommon in these cases for the Long Term Disability carrier to routinely have you fill out Activities of Daily Living Forms, look at what your physicians say about your Activities of Daily Living and use extensive surveillance to try and catch you doing something that is inconsistent...

28 October

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Has Your Long Term Disability Carrier Asked to Undergo a Functional Capacity Evaluation?

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If you are a Long Term Disability applicant and your Long Term Disability carrier has asked for you to undergo a functional capacity evaluation you are being set up! It is not uncommon for Long Term Disability carriers to use Functional Capacity Evaluations to challenge your doctor’s opinions or your statements about your ability to function. While most Long Term Disability carriers have the right to such an evaluation, you should know that Long Term Disability carriers, such as CIGNA will routinely send instructions to the FCE provider about how to fill in the forms, how to interpret the data and...

28 October

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Games Played by the Long Term Disability Carriers in Chronic Fatigue and Fibromyalgia Claims

Posted by Nancy Cavey

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If you have been diagnosed with Chronic Fatigue Fibromyalgia and are receiving Long Term Disability benefits during your own occupation stage, be prepared to have your claim to be challenged and/or denied when the definition of disability changes from “own occupation” to “any occupation.” You will most likely receive a letter from your Long Term Disability carrier indicating that they are going to be reviewing your claim. What that means is that you are being set up for a claim’s denial. They will be contacting your doctor to determine your restrictions and limitations, they will schedule a functional capacity evaluation, place...

28 October

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Long Term Disability Claims and Chronic Fatigue Syndrome: Are You Really Disabled?

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Chronic Fatigue Syndrome disability lawyer Nancy Cavey knows that a mere diagnosis of Chronic Fatigue Syndrome does not guarantee that you will get your Long Term Disability benefits. A Long Term Disability carrier who is evaluating a claim based on Chronic Fatigue Syndrome will look to see whether or not you have an impairment that makes you unable to perform the material and substantial duties of your own occupation. It is not uncommon for Long Term Disability carriers to acknowledge the diagnosis of Chronic Fatigue Syndrome that have a peer reviewed physician or independent medical review physician determine that you are still...

28 October

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Own Occupation Claim for Long Term Disability Benefits and Fibromyalgia

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Your Long Term Disability policy may provide that you are entitled to disability benefits if you are unable to engage in your own occupation. The Long Term Disability carrier will ask your treating physician to complete a physical capacity form and address your restrictions and limitations. It is crucial that your doctor accurately fill out your ability to work taking into consideration your side effects of medication, fatigue, difficulty concentrating and pace. Sometimes treating physicians will be optimistic about your abilities and suggest that you can return to work on a trial basis with certain restrictions and limitations. If you do attempt to...

27 October

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Cardiac Long Term Disability Claims Denied as a Result of Vocational Opinions Florida Disability Claims Denied Lawyer

Posted by Nancy Cavey

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It is not uncommon for Long Term Disability applicants who have cardiac problems to be denied Long Term Disability benefits on the basis that they can return to their own occupation or any occupation within the national economy. Long Term Disability carriers will routinely use vocational evaluators to render an opinion that you are capable of returning to old job or some job in the national economy. If that, in fact, were true you wouldn’t be applying for Long Term Disability benefits. People who have heart conditions are evaluated under a permanent impairment guide that is based on your cardiac functionality. There are...

27 October

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Long Term Disability Carrier’s Use of Vocational Experts in Claims Denials

Posted by Nancy Cavey

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I am sure that you have never heard of a vocational evaluator. Unfortunately every Long Term Disability applicant is going to get an education about vocational evaluations and their impact on your Long Term Disability claim. A vocational evaluator will try to determine your residual functional capacity by reviewing your medical records. Your residual functional capacity is a disabled persons remaining physical and mental work potential even in spite of their disabling condition. It is very important that your doctor accurately fill out a residual functional capacity scale so there is no question in the vocational evaluators mind about your restrictions and...

27 October

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Surveillance Video and the Life of a Long Term Disability Applicant

Posted by Nancy Cavey

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If you are applying for or receiving your Long Term Disability benefits, you should assume that you are being watched and video-taped by the Long Term Disability insurance company. Video surveillance is being done in an effort to catch you doing activities that could be used against you. The Long Term Disability carrier is going to ask you to complete Activity of Daily Living forms. Florida based Long Term Disability attorney Nancy Cavey has written the go to free book for Long Term Disability applicants and recipients about how to fill out Activity of Daily Living forms. You should be discussing with...

27 October

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Long Term Disability Claim’s Denied Video Tape and Your Treating Physician

Posted by Nancy Cavey

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If the Long Term Disability carrier is thinking about denying your claim for disability benefits they may put surveillance on you. If you claim that you have difficulty bending, stooping and lifting and investigators obtain videotape of you washing your car, bending and polishing or wiping your car dry. You have a problem. You haven’t been truthful with either the Long Term Disability carrier or your physician. The Long Term Disability carrier will provide your doctor with a copy of the videotape and ask them to comment on whether or not your physician still feels that you are disabled. Needless to say, your...