Everything you need to know about Your Doctor’s Role in Winning Your Long Term Disability ERISA Claim
Just because your doctor says your disabled doesn’t make it so. And just because your doctor says your disabled, doesn’t mean that the disability carrier is going to agree and accept your disability claim application.
The long term disability insurance carrier is looking for objective evidence from your doctor about your diagnosis and objective evidence of your disability. Your history of complaints and symptoms, your findings on examination, and the results of objective medical testing are important to establish an objective basis for your diagnosis.
There must be objective evidence of your functional restrictions to establish that you are, in fact, disabled. Your doctor is going to be asked to complete forms commenting on your ability to sit, stand, bend, lift, walk, or other physical activity. It is important that those forms are completed accurately and are consistent with what you are telling your doctor about your physical abilities.
Don’t pay your doctor to give his statement that you’re disabled. Pay your doctor, if necessary, to complete the disability form. It’s not your doctor’s role to say that you are disabled.
In fact, the Supreme Court has ruled that your long-term disability carrier doesn’t have to believe the opinion of your treating doctors. We use other ways to bolster the opinions of your doctor.
We have given many seminars to doctors about how to properly fill out the disability forms. At The Law Offices of Nancy L. Cavey, we meet with your physician during the disability claims process to make sure that your diagnosis and disability have been objectively established. Nancy Cavey will take a statement or even a videotape your doctor discussing your diagnosis and disability.
We even arrange for functional capacity evaluations to objectively test your physical capabilities and to verify your restrictions and limitations.
Nancy Cavey, a St. Petersburg based long term disability/ERISA lawyer makes sure that the doctor provides the right kind of information to the the disability carrier to support your claim for ERISA disability benefits.
Answering these broad-based questions isn’t easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.