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Multiple Sclerosis and Your Long Term Disability Claim

In Multiple Sclerosis there are a number of mobility challenges you may experience because of weakness, spasticity and balance problems. Weakness is often accompanied by a stiff and heavy feeling in your legs. This weakness and spasticity in your trunk and legs can reduce your balance. It’s important that your medical records and physical therapy notes document the problems that you are having with weakness, spasticity, and balance problems, as those are important parts of your functionality....

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How Can the Surveillance Company Positively Identify the Long Term Disability Claimant?

Long Term Disability carriers spend a lot of money to get pictures of Long Term Disability applicants or recipients so that they can ultimately deny Long Term Disability benefits. They have to make sure they have the right person! How do they do that? The Long Term Disability carrier may provide the surveillance company with a picture of you. The surveillance company will then attempt to match your photo and do at least six other things: 1.    Overhear you state your name to someone. 2.    Overhear someone else call you by name and you acknowledging your name being called. 3.    Exiting a residence...

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How Long Will You Be Surveyed?

Surveillance cases are normally scheduled for a ten hour work day, 6am to 4pm. Most Long Term Disability carriers require investigators to check in with police or law enforcement on a daily basis. Upon arrival, investigators normally take a time shot of your resident for at least 30 seconds. If it’s a gated community they’ll try to make special arrangements to gain access to your community on the pretext doing “work.” Thereafter, most Long Term Disability carriers require that the investigator take time shots of 15 seconds at the beginning of every hour and a final time shot of thirty seconds at...

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Depositions and Discovery in Wrongfully Denied Long Term Disability Claim

The ability to take depositions in the long term disability cases is, unfortunately, limited. That allows of insurance companies like LINA to hide the conflict of interest in its reasons for denying disability benefits. For example, Medhav-Harahwaj is a repeat offender. Ms. Harahwaj has never seen a long term disability claim that she could pay. Fortunately, the court agreed that in Alleen V Lina Ms. Harahwaj could be deposed on topics including LINA’s internal growth procedures, or if LINA took steps to promote accuracy in its claim’s administration, the actual review of the claim filed, whether LINA had a history of large...

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How Long Term Disability Carriers Ignore Pain in Determining Own Occupation Eligibility

Many Long Term Disability carriers use the Dictionary of Occupational Titles, they search and stretch definitions of “sedentary” and “light,” close to the relevant plan definition. Additionally, carriers like Standard also ignore side effects of medication, sometimes concluding that you can discontinue the medication and be able to work. A Long Term Disability plan’s administrator abuses its discretion when it fails to consider how the side-effects of clients’ medication impacts the client’s ability to perform their own occupation. See Draby vs. Bell South Telecom, Inc, (89F3d, 755, 741 11th Circuit 1996). Some carriers even reject claims of side effects of medication because of...

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Guardian Life Insurance Company Increases its Long Term Disability Benefits

The Guardian Life Insurance Company recently announced in April 2010 that they have reduced premiums for its Short Term Disability and Long Term Disability choice plans. They’ve raised the maximum Short Term Disability benefits to $1,500, and the maximum Long Term Disability benefits from $2,500 to $10,000. Despite reducing the premiums and increasing its coverage, purchasing disability insurance company can be difficult. Maybe people are attracted simply by the price of what they perceive the benefits to be if they become disabled. Reading the fine print in the Short or Long Term Disability policy is crucial. You can be robbed of...

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Sleep Apnea and the MS Patient’s Claim for Long Term Disability Benefits

If you suffer from MS and are having difficulty with your long term disability claim, Nancy Cavey, experienced long term disability MS attorney, suggests that part of the problem you might be having is your failure to fully explain all the problems that you have as a result of your MS. This can include difficulty walking, balance and coordination. However, obstructive sleep apnea is a common sleep disorder among people with MS. Many people with MS also have bladder problems, which means that there are in and out of bed frequently. They may also have restless limp syndrome, or periodic limb...

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Estate Planning for the Long Term Disability Claimant

At The Law Offices of Nancy L. Cavey, we urge our clients who are disabled because of their chronic condition to consider consulting with an estate planning attorney. Why? If you, for example have a chronic illness such as MS, Parkinson’s or even Alzheimer’s, you must have a plan and legal protections in place to protect you. This can include: 1. Designating someone you trust to handle financial matters, if you are unable to manage your own affairs. 2. Selecting someone you trust to make healthcare decisions for you. 3. Communicating your health care wishes via a living will. 4. Have a will. 5. Creating...

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Cognitive Problems and Your MS Disability Claim

Cognitive problems can be devastating and impact your ability to function in the workplace. Unfortunately, many disability carriers don’t appreciate the cognitive problems that can be caused by MS. It’s vital that all of your symptoms of MS, including cognitive problems be fully explained in your medical records and documented in your activity of daily living forms you are requested to complete by the disability insurance company. Nancy Cavey, MS disability attorney, has written a free information guide on “23 Mistakes You Can Make When Preparing for Your Long Term Disability Statement and Field Visit.” If you are having cognitive problems,...

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Disability Claims and the Side Effects of Medication

It is not uncommon for disability insurance companies to cherry pick medical records and pick out on the medical records those things which they believe supports a delay or disability claims denial. At The Law Offices of Nancy L. Cavey, your Florida disability attorneys, we think it’s important that your medical records document any side effects that you are having with medication and their impact on your functioning. If, for example, you are a surgeon and you are having side effects from a cardiac medication you are taking for your cardiac disease, the side effects of the medication alone can limit...

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