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Long Term Disability & ERISA Lawyer

Nationwide Representation For Your Disability Claim > Practice Areas > Long Term Disability & ERISA Lawyer

Long-term Disability Claims

Looking for a ERISA Long Term Disability attorney for your disability claim? Nancy Cavey guides you through the process of applying for and getting your long term disability benefits. You might have bought a private disability insurance policy, which is governed by state law, or a disability policy through your employer which is governed by a Federal statute called ERISA. By taking advantage of what many policy holders don’t know, long term disability insurance companies often intimidate policyholders or manipulate them into thinking their options are limited. Before you apply for long term disability benefits or deal with the long term disability carrier you should read a copy of our free book “Robbed of Your Peace of Mind? Important Information on Long Term Disability Insurance Policies, the Claims Procedures and How to Win Your Long Term Disability Benefits”.

Nancy Cavey, a Tampa ERISA Disability Insurance Attorney who can help clients Nationwide, understands your fear of financial ruin because as a teenager her father became disabled and had to rely on his long term disability and Social Security Disability benefits to support his family. Don’t let your benefits be like bicycle accidents, where the person always gets hurt.

Obtaining Disability Benefits for Your Disability Claim

The process of obtaining long term disability benefits from your private disability or ERISA disability insurance carrier can be overwhelming and frustrating. You paid for this disability insurance to help you if you became disabled and the promise of those benefits seems hollow. We will help you understand your disability insurance policy, what traps are waiting for you in the application process, the disability claims appeal process and the common mistakes you can make. Nancy Cavey, a long term disability insurance lawyer will review with you:

1. The Summary Plan description of your disability insurance policy.

2. Review your medical records and help develop the medical and vocational evidence necessary to file the initial disability claim application.

3. File an appeal within 180 days if your ERISA claim is denied. We obtain and review your file from the long term disability carrier, meet with your doctors and obtain supplementary reports, arrange for you to have a functional capacity or vocational evaluations, do medical research and file a detailed and exhaustive disability claim appeal of your private disability or ERISA claim denial.

4. If necessary, file a lawsuit in court.

Protect Your Rights to Your ERISA Long Term Disability Benefits

Nancy Cavey, a St. Petersburg ERISA attorney who handles long term disability cases Nationwide, has extensive experience in handling complex medical conditions that cause disability such as spinal injuries, fibromyalgia, chronic fatigue syndrome and many other diseases. For assistance in obtaining your long term disability or ERISA disability insurance benefits or to order our free book Robbed of Your Peace of Mind?”, please contact our disability insurance firm today or click the picture of the book on the homepage.

If you or a loved one are disabled and the long term disability claim has been denied, contact our offices for a free case assessment today. We also represent those with Individual Disability Policies across the United States.

With offices in St. Petersburg, Florida, The Law Offices of Nancy L. Cavey represents clients Nationwide and all over Florida including: Tampa, St. Petersburg, Pinellas Park, Sarasota, Bradenton, Venice, Ft. Myers, Naples, Orlando, Lakeland, Gainesville, Daytona, West Palm Beach, Ft. Lauderdale, Miami, Miami Beach, Jacksonville, Tallahassee, New Port Richey, Hudson, Safety Harbor, Largo, Palm Harbor, Port Richey, Clearwater, Indian Rocks Beach, Dunedin, Spring Hill, Brooksville, and all other cities in Florida.

If you or someone you know has a disability or social security disability claim in Florida, do not hesitate to Contact Us before you speak with an insurance company or apply for social security disability. We handle many complex disability cases. There is no obligation to hire a lawyer and the consultation is FREE.


What is the difference between Long Term Disability and Social Security Disability?

The Social Security Administration uses a five step sequential evaluation, the five step sequential evaluation asks whether or not you have engaged in gainful activity, whether you have a severe impairment, meet a listing, whether you can return to the work that you did in the past and whether you are capable of performing other work in the national economy based on your age, education and transferable skills.

On the other hand, each long term disability policy has their own definition of disability that generally the definition is the inability to engage in the material and substantial duties of your occupation.

The definitions are not the same.

In the Social Security determination, advancing age is factor in determining whether to award benefits and it treats advancing age as a limiting factor in ability to adjust to the work. On the other hand, long term disability carriers do not use age in assessing whether or not a policy holder meets its definition of disability. If your disability benefits have been delayed or denied, call long term disability attorney Nancy Cavey today at 727.475.7435 no obligation consultation.

What should I do if my Long Term Disability Benefits have been denied?

If your long term disability claim has been denied or terminated, the ERISA rules provide that you’ll have 180 days in which to file an appeal. You should request a copy of your complete file from the long term disability carrier and hire an experienced long term disability attorney to represent you in the appeals process.

Once the appeal letter is submitted under the ERISA statute, the long term disability carrier will have 90 days in which to review the material and decide whether it’s going to overturn or uphold the denial.


What is ERISA?

ERISA is shorthand for the Employer Retirement Income Security Act of 1994. It’s Federal legislation that governs how insurance companies handle disability claims and it gives disability carriers a “get out of jail free card.”

In most ERISA governed claims, a court can only overturn the long term disability carrier’s decision if you prove that the denial was “arbitrary and capricious.” That’s the highest burden of proof in a civil court and it’s the “get out of jail free card” that disability insurance companies, like UNUM Provident, MetLife, Cigna/LINA, Aetna, Lincoln Financial, Prudential and The Hartford use to “play hardball.”

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