If you live in the 11^th United States Circuit of Appeals, which covers Florida, Georgia, and Alabama the answer, unfortunately depends. In Willy Arthman v. ABB, Inc., the panel of the 11^th United States Circuit of Appeals judges found that absent a specific provision in your Long Term Disability contract entitling you to interest, ERISA doesn’t allow you to sue of for interest on past years ERISA plan benefits.

Therefore, and unfortunately, the Long Term Disability carrier can deny your benefits, hold on to the money, earn interest, and then when they decide to reinstate your benefits, only pay you what they owe without interest. This is just another reason why the ERISA law defies Long Term Disability policyholders of their peace of mind. Nancy Cavey, Orlando, Fort Myers, Miami Long Term Disability attorney has written a free consumer guide “Robbed of Your Peace of Mind,” that talks about the policy terms that you don’t want to see in your Long Term Disability policy. For a free copy, click the above link or fill out the form to the right of this page and we will rush you your consumer guide right away.

Posted March 23rd 2010 to Frequently Asked Questions about Short and Long Term Di | Comments (2)| Permalink | Trackback |  Print This Post |  Email This Post

If you are employed with a governmental agency, such as a hospital owned by your local municipality, your insurance policy is not subject to the Employer Retirement Income Security Act of 1974 (US Code Section 102(32) and 103(b)(1)).

If your Long Term Disability carrier tries to treat this claim as an ERISA claim as opposed to a state law claim, you need representation immediately. It is not uncommon for Long Term Disability carriers to put ERISA specific language in letters for non-ERISA claims and that is really misleading! That is important because under state law you have the right to sue for punitive damages including bad faith and the right to a jury trial.

Your Long Term Disability carrier could be misrepresenting your legal rights. Don’t always trust the denial from your Long Term Disability carrier to correctly identify whether or not your policy is subject to ERISA. This mistake can be costly and deny you your right to a jury trial. If you have any questions whether your Long Term Disability policy is governed by the ERISA statute contact Tampa Long Term Disability claim lawyer Nancy Cavey who can be reached at caveylaw.com or 727-894-3188.

Posted March 11th 2010 to Workers Compensation and ERISA Long Term Disability | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

March 8th through the 14th is MS Awareness Week! Help spread the word of trying to make the world MS free.

Multiple sclerosis (or MS) is a chronic, often disabling disease that attacks the central nervous system (CNS), which is made up of the brain, spinal cord, and optic nerves. Symptoms may be mild, such as numbness in the limbs, or severe, such as paralysis or loss of vision. The progress, severity, and specific symptoms of MS are unpredictable and vary from one person to another. Today, new treatments and advances in research are giving new hope to people affected by the disease.

A dedicated site for the Move It campaign can be found here. To help spread the word, this website also features downloads and images to help get the message across. It also features events to help promote the fight of MS like Walk MS , Bike MS and volunteer offers.

Posted March 09th 2010 to Long Term Disability | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

UNUM and Paul Revere have been found to have engaged in “conscious course of conduct firmly grounded established company policies that disregard the rights of insured’s,” Hangarter v. Provident Life An Accident Insurance Company, 373f.3d998, 1014 (9^th Circuit 2004).

A jury returned a punitive verdict at over $10 million against UNUM Provident and Paul Revere finding that Provident had used round table reviews involving claim’s personnel, medical staff, vocational staff, legal counsel and management personnel. These round table reviews were focused on high indemnity claims, all notes about who participated in the meeting, what was discussed and the basis for any decision were destroyed. UNUM and Provident tried cloak these round table discussion “with the attorney client privilege in order to insulate the claim’s decision basis from review”.

If you are UNUM Provident policyholder and your claim has been denied as a result of a round table review, you should consult Nancy Cavey, UNUM Provident Long Term Disability denied attorney who knows all about UNUM Provident’s tactics to deny the rightful claims of Long Term Disability policyholders. Contact Nancy Cavey Now or call us today at 727-894-3188 to discuss your claim.

Posted March 04th 2010 to UNUM | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

Well, the real answer is that it depends! Many Short and Long Term Disability policies can provide for both the receipt of both Workers’ Compensation and disability benefits. Others will take a complete reduction of benefits, while others will pay a monthly minimum. How does this work?

To figure the amount of your monthly benefits for Long Term Disability benefits Nancy Cavey, Florida Long Term Disability and Workers Compensation attorney does the following:

1. Multiply your Long Term Disability basic monthly earnings by the benefit percentage shown in the policy.

2. Take the lesser of the amount: a) determined in step one, b) maximum monthly benefit shown in your policy.

3. Deduct any income benefits, which can include Workers Compensation benefits.

That’s confusing isn’t it?

Real numbers always help:

A $3,000 monthly wage, Long Term Disability benefits 60% or $1,800 per month, Workers Compensation benefits are $1,000 per month, Social Security benefits are $1,000 per month.

After your offset, you would be entitled to a minimum monthly payment which can be anywhere from $50 to $100 per month.

Is that worth pursuing? Yes! Because you potentially are entitled to Long Term Disability benefits.

It is important that you read your Short and Long Term Disability benefits and consult with a lawyer, such as Nancy Cavey, who handles Short and Long Term Disability, Workers Compensation and Social Security Disability claims. She can help you integrate all of these benefits and help you through the minefield of Workers Compensation, Short and Long Term Disability and Social Security Disability benefits.

Posted March 02nd 2010 to Frequently Asked Questions about Short and Long Term Di | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

Video surveillance, under the right circumstances can provide an overwhelming reason for the Long Term Disability carrier to deny your Long Term Disability claim. It can also capture a mere snapshot in your life and fail to reveal the complete picture of your disability. Surveillance may show you at a family gathering but not show the resulting excruciating pain and misery you suffer.

If you claim that you have difficulties with walking, bending, carrying, and lifting, you are most certainly going to be the subject of surveillance.

Make sure that what you are recording on your Activities of Daily Living form is consistent with what you are telling your physician.

As I have emphasized in the past, if the Long Term Disability carrier calls to take your statement on the surveillance film on you, you should never give your statement without representation. If you suspect that you have been the subject of surveillance or the Long Term Disability carrier schedules a telephone conference or meeting with you, contact Long Term Disability benefits denied lawyer, Nancy Cavey.

Ms. Cavey, Florida’s Long Term Disability attorney has written the guide “Robbed of Your Peace of Mind” in order to help better prepare you for your Long Term Disability claims process. Be sure to get it today before you make a mistake that could caught on tape.

Posted March 02nd 2010 to Long Term Disability | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post