The Dirty Little Secret about Nationwide ERISA Long Term Disabilty

Nancy Cavey, ERISA long term disability claim denied attorney who practices nationwide, is often asked what the disadvantages of a group long term disability policy are.Secrets about ERISA Disability Benefits

In a recent opinion Flag vs. Ali-Med, Inc., 10-10984-WGY (US District Mass 7310), a Massachusetts Federal Judge quoted an article by renowned author, Peter Stris, author of the “ERISA Remedies and Bad Faith”. Mr. Stris’ article on “ERISA Remedies and Bad Faith” quoted a long term disability insurance company executive’s memorandum who explained the dirty secret about ERISA “the advantages of ERISA [for the litigation defendant] are enormous. State law is prempted by federal law. There are no jury trials, there are no compensatory or punitive damages, the leaf is limited to the amount of benefit in question, and claims administrators may receive a deferential standard of review. The economic impact… from having [disability income insurance] polices covered by ERISA would be significant. As an example, [we] identified twelve claims situations where we settled for $7.8 million in the aggregate. If those twelve cases had been covered by ERISA, our reliability would have been between $0 and $.5 million.”

The dirty secret? Your employer will offer you a long term disability policy, that you think provides you with peace of mind, when, in fact, you should take time, investigate and buy your own individual disability insurance policy. Is it going to cost more? You bet!

But aren’t you aren’t you worth? The long term disability insurance executives honesty tells all doesn’t it?

Florida long term disability attorney, Nancy Cavey, hasn’t written the book Robbed of Your Peace of Mind which talks about the insurance company clauses that you don’t want to see in your long term disability policy.

For a free complimentary copy of her book, click here.

If your long term disability benefit claim has been denied, contact long term disability claim denied attorney Nancy Cavey before you file an appeal – Call 727-894-3188 today.

Horror Story in Your Medical Records and How Your Claim for Long Term Disability Benefits May Be Denied

Nancy Cavey, believes that how you interact with your doctors in the disability claims process is key to getting the long term disability benefits you deserve.

Over the years, Nancy Cavey has read many long term disability medical records that just became horror stories. What does she mean? If, for example, you tell a doctor that you are “better” the long term disability carriers can seize on that innocent comment to show in fact that you are precluded. In fact, it’s probably nothing more you minimizing your symptoms when you are interacting with your doctor.

Nancy Cavey has written the go to guide The Smart Long Term Disability Consumer Guide For Preparing for Your Statement and Field Visit that every long term disability applicant should review, before applying for long term disability benefits. Why? You need to learn how to communication effectively with your physician and that includes accurately telling your physician what you symptoms are, what level of physical activity you are doing, and what problems you are having with activities of daily living such as bending, stooping, lifting.

If you tell your physician that you are feeling better, or that you are improving, that statement can be misleading. So misleading that the long term disability carrier will incorrectly interpret your condition as not severe enough to meet the definition of disability in your long term disability policy.

Don’t let your medical records destroy your long term disability claim! For a no obligation copy of The Smart Long Term Disability Consumer Guide For Preparing for Your Statement and Field Visit click here.

Four Quick Tips for Making Sure Your Physician’s Medical Records Will Support Your Claim for Long Term Disability

Nancy Cavey, a Pinellas and Hillsborough County long term disability attorney, often finds that medical records can be the key to getting your long term disability benefits. Unfortunately, many long term disability applicants fail to get a copy of their medical records before they file for long term disability benefits and that can be disastorous!Quick Tips for Medical Claims

Nancy Cavey has four quick tips that you should remember in the long term disability claims application process:

  1. Always remind your physician that you are applying for long term disability benefits and that they should provide the long term disability carrier with a copy of your medical records.
  2. Remind your doctor however, that if the long term disability doctor or nurse calls asking questions about your claim, that you are not authorizing your physician to have any phone calls, but, rather, you want all correspondence to be in writing.
  3. You want to make sure that your physician lets you know when they’ve been contacted by the long term disability carrier so that you can make sure that your physicians reports are accurate and fully reflect your symptoms and problems your are having with your ability to function.
  4. Keep a journal about your condition and how it impacts your ability to function. That includes, bending, lifting, stooping and all the activities of daily living. Make sure that you keep a copy and give a copy to your doctor at every visit so that your medical records document how your medical condition impacts your daily functions and your inability to work.


If you have questions about the long term disability claims process, or your claim has been denied, contact Florida long term disability attorney claims denied attorney, Nancy Cavey , for a free consultation by calling us at 727-894-3188 or using the Contact page today.

Viral Video Scholarship for Seat Belt Safety | American Lawyer Academy

We are proud to announce that we are the Southern Regional representatives for the American Lawyer Academy’s Viral Video Scholarship of 2010. The viral video scholarship is posed to be an educational process to people about seat belt safety. With this video contest, we will not only reward a scholarship, but the opportunity for a seat belt safety awareness to go viral, in hopes to spread the important word of seat belt safety.Viral Video Scholarship

In our press release:

The Law Office of Cavey & Barrett, a Florida based Disability law firm, is pleased to announce that it is the Southern Regional sponsor of the 2010-11 American Lawyer Academy (ALA) Viral Video Scholarship Contest.  The Southern Region includes Florida, Georgia, Alabama, Mississippi, Arkansas, Louisiana, and North and South Carolinas.

For more information on how to enter, visit our Viral Video Scholarship Page that has more information and how to submit your submission.

How Long Will I Have to Wait Before I Get My Long Term Disability Benefits?

Long Term Disability policy premiums depend on your age, gender, health history and your occupation.How Long for a Long Term Disability Claim?

An important factor is the policy elimination period. This is the length of time you go without getting benefits. Sometimes people choosing a ninety-day period of time to go without benefits at the onset of their disability. When the time is up, the Long Term Disability carrier will start paying your benefits. The longer your elimination period, the cheaper your premium. I’ve seen elimination periods as long as a year and I would not encourage that.

I would suggest a ninety-day elimination period.

You also get to choose how long you will get paid benefits. Most companies will let you chose benefits that last between two, five years to age 65, 67 or for the rest of your life. Quite frankly, it’s very difficult to find a policy these days that will pay a medical professional for the rest of their life and more commonly these disability policies will pay through the age 62 or 65.

Regardless of the price tag, remember you are insuring you and your ability to work. As the breadwinner you have the obligation to yourself and your family to provide them with support even in a time of your disability. If you have any questions about the Long Term Disability process, contact us today so we can get you on the right track in your claim. 727-894-3188.