Return to Work Guidelines and Your Claim for Long Term Disability Benefits

The Reed Group, third party administrator of Long Term Disability claims, has developed a product called MD Guidelines, which they are marketing to insurers who underwrite and manage disability products. What is it? MD Guidelines allegedly has been developed through statistical analysis of over 2 million disability cases and have allegedly been clinically reviewed by a panel of leading physicians to ensure that their recommendations are “fair, consistent and represent leading edge medical knowledge.” If you take a look at these guidelines, I am sure you will find that a number of these physicians are in fact well known, peer review physicians used in Long Term Disability cases to deny Long Term Disability claims.

Companies like Reed Group are selling and using MD Guidelines as a tool to wrongfully deny Long Term Disability applicants their benefits by pointing to the guidelines as a reason why you should be able to return to work and are no longer disabled.

As well, a lot of these “return to work” durations are based solely on workers’ compensation claims and not Long Term Disability claims. That would make you question the methodology wouldn’t it?

If your Long Term Disability claim is being handled by Reed Group or you think they may be using return to work guidelines in evaluating your claim, contact Reed Group denied Long Term Disability claim attorney Nancy Cavey. Nancy has written the easy to read consumer guide Robbed of Your Peace of Mind: Important Information on Long Term Disability Insurance Policies, The Claims Process, and How to Win Your Long Term Disability Benefits, which sells on Amazon.com for $19.95, but you can receive your free, no obligation, copy at www.caveylaw.com or by calling 727-894-3188.

Protect yourself and understand the games that Long Term Disability carriers and third party administrators like Reed Group will play in your Long Term Disability claim.

Are You the Star in the Long Term Disability Claim’s Denial Movie? Surveillance and Long Term Disability Claims

Long Term Disability carriers routinely hire private investigators to conduct video surveillance of you. More often than not Nancy Cavey, St. Petersburg and Tampa disability insurance lawyer, often will see that the report that the video surveillance doesn’t match the actual footage taken or, in some cases is an actual work of fiction.

If your Long Term Disability claim has been denied as a result of surveillance, you need a Long Term Disability attorney. Nancy Cavey requests a copy of your Long Term Disability claim’s file, including the surveillance and the surveillance report.

Nancy Cavey, Long Term Disability denied expert, watches the video tape and makes the record of all the actual kinds activity and an activity log. There are many things that she sees in the surveillance film that is absolutely ignored by a Long Term Disability carrier.

It is not uncommon for the investigator to ignore what’s shown on the surveillance that actually supports your claim for disability.

Of course, the Long Term Disability claim’s adjuster rarely reviews the surveillance tape and relies on the summary for the claim’s denial.

Nancy Cavey has a strategy for dealing with this and handling Long Term Disability claims that have been denied. She:

1. Reviews the videotape,

2. Compares the videotape with the surveillance long,

3. Creates her own cumulative activity log,

4. If necessary, takes the surveillance tape to your treating physician to have them address what is seen in the videotape as compared to their reports and finding about your physical functioning,

5. Gets an affidavit from you and your family about what you were doing and the difficulties that you have on an ongoing basis,

6. As necessary, has the doctor and a vocational evaluator compare what is shown on the videotape, which when showing it is going to get to gasoline, going to the doctor’s office or running errands, and have that comment on how that activity does not translate into the ability to work.

Let’s face it, activities such as walking a dog, shopping, having lunch, running errands doesn’t mean that you can do that activity on a sustained basis or that that is the equivalent of work or in fact has any relationship to the material duties of your own occupation.

If you’ve been a star in a Long Term Disability horror flick, contact Long Term Disability Denied Lawyer, Nancy Cavey for assistance in filing your Long Term Disability claim.

Important Fibromyalgia Information Online | Long Term Disability Claim for Fibromyalgia

If you are a Fibromyalgia sufferer who is applying for Long Term Disability benefits here are some important websites that you will help you with your Fibromyalgia:

American Fibromyalgia Syndrome Association

http://www.afsafund.org/

Chronic Fatigue and Immune Dysfunction Syndrome

http://www.cfids.org/

Co-Cure ME/CFS & Fibromyalgia

http://www.co-cure.org/index.htm

Fibro Center

http://www.fibrocenter.com/

Fibromyalgia Fact Sheet

http://www.fmaware.org/site/PageServer?pagename=media_factSheets

Fibromyalgia Network

http://www.fmnetnews.com/

Helping Our Pain and Exhaustion (HOPE)

http://hffcf.org/

International Association for Chronic Fatigue Syndrome

http://www.iacfsme.org/

Medline Plus: Fibromyalgia

http://vsearch.nlm.nih.gov/vivisimo/cgi-bin/query-meta?v:project=medlineplus&query=fibromyalgia

Men With Fibro

http://www.menwithfibro.com/home.html

National Fibromyalgia Association

http://www.fmaware.org/site/PageServer

National Fibromyalgia Partnership

http://www.fmpartnership.org/

National Fibromyalgia Research Association

http://www.nfra.net/

What is Fibromyalgia?

http://www.niams.nih.gov/Health_Info/Fibromyalgia/default.asp

If you are applying for or have been denied Long Term Disability benefits for your Fibromyalgia, call experienced Long Term Disability attorney Nancy Cavey at 727-894-3188 to set up your free, no obligation consultation, at a $350 value, today.

Long Term Disability Question: What Are The Two Kinds of Disability Policies?

What a great question, there are two main kinds of disability policies. One is called “denovo” which means if the Long Term Disability carrier denies your claim, the court gets to review the entire file and make its own independent judge without having to give any deference to the Long Term Disability carrier’s denial decision which is generally made in their own selfish interest.

Obviously, the denovo policy, which is more favorable to you as a Long Term Disability policy, is more expensive and provides greater rights to sue for punitive damages and a jury trial.

The other kind of disability policy is a “discretionary policy.”

Many employers offer Long Term Disability policies to its employees, which, unfortunately, are “discretionary policies”.

Discretionary policies mean that the Long Term Disability carrier can deny your claim and does not have to justify the same in the court of law.

If you have a choice, Nancy Cavey, a Tampa Bay based Long Term Disability attorney recommends that you purchase your own private disability denovo policy.

She has written a free consumer guide Robbed of Your Peace of Mind, which explains the policy terms that you don’t want to see in your Long Term Disability policy.

Legal Fraud and Long Term Disability Claims Denials | Florida Long Term Disability Attorney

Unfortunately the ERISA law gives the insurance industry a license to commit fraud. It gives them the means, the motive and the opportunity.

At Cavey and Barrett, we learned first hand that Long Term Disability policyholders are “Robbed of Their Peace of Mind”.

The motive? The ERISA law does not let the court assess the damages against Long Term Disability carriers for any harm they cause when they deny valid Long Term Disability claims. All the judge can do is will them to pay what should have been paid in the first place, and without interest!

The means? There is limited discovery in ERISA litigation that would allow us to question the people who made the decision to wrongfully deny your benefits.

There is discovery allowable in the 11th Circuit that will help Nancy Cavey, an ERISA denied benefits lawyer, question the Long Term Disability adjuster and others about the claims denial, but that only happens after your claim has been denied on appeal.

The opportunity? As a Long Term Disability policyholder, you know how you sacrifice each month to pay your Long Term Disability premium. Long Term Disability carriers receive hundreds of thousands of dollars of premium every year and quite frankly, they make money off of your premium dollar and the money they hold by denying your claim.

There are many Long Term Disability applicants whose claims are denied and just don’t look for a lawyer, or they find a lawyer who doesn’t know anything about ERISA. Many Long Term Disability denied applicants lose at the end simply because they don’t understand the Long Term Disability claims process.

Florida based Long Term Disability attorney, Nancy Cavey has written consumer guides to assist you in understanding the Long Term Disability claims process. These include Robbed of Your Peace of Mind and The Smart Long Term Disability Consumer Guide for Preparing Your Statement and Field Visit.

How many Long Term Disability carriers have written books explaining the claims process in which they too are involved? None, they are only interested in the means, motive and opportunity to deny you your Long Term Disability benefits.

If your Long Term Disability benefits have been denied, contact Nancy Cavey for assistance. 

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