Mistake 16 – Restrictions and Limitations – Shopping | Indian Rocks Long Term Disaibility Attorney

If you are claiming long-term disability benefits, I hope you’re not “shopping till you drop.”

The ERISA/long-term disability insurance company will ask you questions on the activities of daily living form about shopping:

*  Are you able to go shopping?

*  Grocery store? Mall? Wal-Mart type store?

*  How long do you shop at one time? Do you take breaks? How long are your breaks?

*  Do you visit more than one store in a single shopping trip?

*  Do you have to break up your shopping trips into multiple short errands?

There are no absolute answers. A long term disability applicant will probably have good days and bad days that will depend on the nature of their disabling condition, side effects of medication, and their activity level. Give your answers to these kinds of questions in a range.

You may be able to go shopping but have to use a shopping cart for support. You may have to stop and sit down. You may have to break up your trip. Your shopping may depend on how much walking is involved.  On a good day, you might be able to visit more than one store to pay for it the next day with increased pain. You might start out with a good day, and then pain or fatigue will strike and you have to come home.

We all have to shop and just because you do, doesn’t mean you’re not disabled. You probably don’t have a typical day and in completing your claim for long-term disability/ERISA benefits make sure that comes through in any activity of daily living form you’re asked to complete.

At Cavey and Barrett, we’ve seen, long-term disability carrier’s try to twist what you say about your activities of daily living to deny your claim for long-term disability benefits. Have your Activities of Daily Living Form reviewed by an experienced ERISA disability Attorney like Nancy Cavey, before you submit it to your long-term disability carrier and make a fatal mistake that will destroy your claim for disability benefits.

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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Mistake 14 – Restrictions and Limitations – Driving | Lakeland Long Term Disability Lawyer

The Long Term Disability insurance company will, undoubtedly, asking lots of questions about your ability to drive in the Activities of Daily Living Form you are asked to complete as part of your long-term disability claim.

At Cavey and Barrett, a St. Petersburg-based long-term disability firm, we often get questions about how to fill out the Activities of Daily Living forms. You’ll be asked the following questions by your long-term disability carrier in regard to your driving:

* How long can you drive?

* Why do you have to stop? Is it because of fatigue? Medication? Concentration?

* How long can you ride in a car as a passenger?

* Short distances? Run errands? Doctors appointments?

* Rely on others to drive?

* Do you pump gas?

You will also be asked questions about whether you own a vehicle. These questions will include:

* Do you own a car?

* How often do you drive it?

* Do you have difficulty getting in and out of the vehicle?

* Do you experience pain getting in and out of your vehicle?

Be careful how you answer these questions. Of course, you must be truthful and not exaggerate your difficulties. I suggest that you explain that you have good days and bad days, and that your ability to drive this impacted by your pain, fatigue, and medications.

Explain that you pace yourself and, perhaps, even break up your errands over several days. Perhaps you don’t take your medication as schedule to allow you to run errands. Answer these kinds of questions using ranges and not absolutes.

It isn’t uncommon for the long-term disability carrier to place surveillance on you to determine whether your reported activity is inconsistent with what you reported on your Activities of Daily Living forms. You might even want to keep a diary of what you do during the course of the day, what medications you take and any side effects you have. etc. I would not necessarily let the long-term disability carrier know you’ve kept a diary of your activities. You can use it as a reference when you fill out the long term disability activities of daily living forms.

If you have any questions about how to fill out these long-term disability claims forms, please feel free to contact Nancy Cavey @ Caveylaw.com

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