It’s not the most exciting thing you can do in your life, in fact it’s pretty tedious but long term disability attorney Nancy Cavey suggests that you review your long term disability policy. The hours that you spend reviewing your policy can make the difference between being robbed of your peace of mind when you become disabled or actually protecting your family’s income.

Nancy Cavey has written Robbed of Your Peace of Mind, an informational guide, that explains the terms that you don’t want to see in a long term disability policy. Review that report and make sure that you have the right type of policy that will protect you and you family in the event of disability. Click the link or order your copy on the right side of this page.

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Did you know that long term disability policies do have clauses in the policy that provide that if you have been “over paid” benefits, you owe the money back. However, some courts hold that as a matter of law, the carrier can’t be entitled to reimbursement because of these “equitable relief”. Unfortunately, there is no uniformity in the law in the United States on this issue. If you are a long term disability policy holder whose being dumped by the long term disability carrier for an alleged over payment, you need the services of a long term disability overpayment attorney such as Nancy Cavey, who can explain to you that the law that is applicable in your case.

For example, in the 11^th Circuit, the court has issued a case in Hermann vs. Metropolitan Life (Lexus 209 U.S. District Lexus 124917) that holds that MetLife’s counter claim for funds received by the Social Security Act are “protected from executing levy and attachment”.

The court has held that carriers, like MetLife, must identify intact forms in the possession of the plaintiff. If you don’t have the benefits, you may not have to pay any overpayment back. If you are a MetLife or CIGNA disability policy holder and your carrier has been allegedly over paid, contact overpaid long term disability attorney Nancy Cavey for assistance. Use the contact button to contact us today to help with your claim.

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Nancy Cavey, who has written a go to guide on surveillance and completing Activity of Daily Living Forms, knows that there is a dirty little secret about long term disability carriers’ interviews. If for example, you’ve undergone surgery you most likely get these kind of questions:

1. How is your recovery coming?
2. What are your current restrictions and limitations?
3. What are your current symptoms?
4. What is your current course of treatment?
5. Does this include a return to work? If not, why not?
6. How often do you meet with your physicians?
7. Have you started any physical therapy?
8. Are you taking any medication? If so, what is the name, dosage and any side effects?
9. Where do you fill the prescriptions?

10.  If the claimant is operating a business, ask questions about whether the business is still in operation.

11.  If you have partner, ask questions about the partnership.

12.  Ask questions about how often he goes to the place of business.

13.  Ask whether there are any barriers for a return to work?

14.  Comment on the “insured handles himself” during the interview.

You can be assured that the long term disability carrier is going to check to see if the medication is being filled, they’ll check the business license and they’ll probably put surveillance on the claimant as he goes to work. If a long term disability carrier is scheduling your statement you should be represented, don’t be foolish and set yourself up for a claims denial.

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At Cavey and Barrett we have seen a disturbing trend where carriers, like CIGNA deny short term disability claims just prior to the policy holder becoming eligible for LTD benefits, why? Carriers, like CIGNA, will never pay long term disability benefits if the short term disability claim is denied. Unfortunately, if your long term disability lawyer files a long term disability claim, the courts will most likely dismiss the claim for “failure to exhaust”.

At Cavey and Barrett, we’ve taken to filing a long term disability claim and, after we receive a denial from a carrier like CIGNA, we then file a law suit seeking the payment of both short term and long term disability benefits.

Carriers, like CIGNA, play the “game of exhaustion” in attempt to exhaust the policyholders from getting the short and long term disability benefits that they paid for.

If your CIGNA short term disability claim has been denied contact short term disability claim denied attorney Nancy Cavey who can help you with your CIGNA claims denial

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Many long term disability policies have what’s called a residual benefit that will pay you disability benefits if you can’t perform your occupation or continue working. There is always a big fight about these cases because long term disability carriers will pretend that performing certain duties are the same as performing your occupation. They will also argue that performing certain duties means that you are not disabled.

Some courts have suggested that the fact that an orthopedic surgeon can do some business duties or the fact that orthopedic surgeons might be physically able to do certain duties, such as performing minor surgeries, is inconclusive evidence that you are entitled to total disability.

It is important that you understand how your long term disability carrier defines occupation. Surgeon’s duties should not be defined by how may surgeries you have performed before you become disabled.

If you are a orthopedic surgeon who is having difficulty performing surgery as a result of a disabling physical condition you may entitled to residual disability benefits on your long term disability policy. Before you make a crucial mistake in filing a claim for residual benefits, contact and experienced ERISA long term disability and individual long term disability attorney such as Nancy Cavey who can help you understand your policies definition and help you plan a strategy to maximize your entitlement to benefits while continuing to work. Ms. Cavey represents orthopedic physicians throughout the United States.

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