Many long term disability policies require that you apply for Social Security Disability benefits. They’ll even make recommendations for Social Security Disability representation. Hartford, for example, will refer you to a company Crowe Paradis for Social Security representation.

You may even get a letter from Crowe-Paradis making it clear that they are not affiliated with Hartford. But they will request what’s called a limited power of attorney that will allow Crowe-Paradis to transfer any past due Social Security Disability benefits you get to Hartford.

You need protect yourself by avoid using companies such as Crowe Paradis or even Allsup that are recommended by long term disability carriers. Why? Often they will try to win your Social Security disability case by arguing you have a psychiatric disability while your long term disability policy LIMITS your LTD benefits for 2 years if you are disabled because of psychiatric problems.  It is in your best interest to secure the services of your private Social Security Disability attorney. You should pick an attorney, who preferably, has experience in handling long term disability benefits and Social Security disability, so that you don’t lose valuable benefits by having the wrong medical condition be the basis of your SSDI claim.  Don’t let companies like Hartford, Crowe Paradis or Allsup compromise your benefits. Contact ERISA | Social Security Disability attorney Nancy Cavey at 727-894-3188

Posted July 15th 2010 to Frequently Asked Questions about Short and Long Term Di | Comments (1)| Permalink | Trackback |  Print This Post |  Email This Post

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

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

I explain present value in several different ways. It can be considered that money today is worth more than the money we get tomorrow. In other words, if you get $10 today and invest it at a percentage for twenty years, it may yield $15.00, if you get $10 in fifteen years it’s still $10.00.

Would you prefer $10 today or $10 in fifteen years?

In evaluating Long Term Disability claims we will look at the total amount of benefits due over the life of the policy and then reduce it to present value. In other words, what is your policy worth today as opposed to over the life of your plan?

Another way to look at it is if you have won the $20 million jackpot and you want it now, you’d only get $6 million or you can get the entire $20 million by waiting and getting it over time. Present value is what that $20 million jackpot is worth today.

If you have questions about the value of your Long Term Disability case, contact ERISA disability attorney, Nancy Cavey, who handles ERISA Long Term Disability claims in the Southeastern United States including Florida, Georgia and Alabama.

Posted February 11th 2010 to Frequently Asked Questions about Short and Long Term Di | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

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.

Posted January 07th 2010 to Frequently Asked Questions about Short and Long Term Di,Long Term Disability | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

At Cavey and Barrett we see this issue all the time and, quite frankly, there doesn’t seem to be a uniform approach to this issue among Long Term Disability carriers.

If you have to use all or part of your Social Security back payment to reimburse a Long Term Disability carrier, there is special tax relief available under section 1341 of the Attorney of Revenue Code. Nancy Cavey, an experience Long Term Disability attorney, suggests that you see IRS publication 525.

If a repayment to the Long Term Disability carrier is under $3,000, you will get a deduction on your current tax return. However, for repayments over $3,000, the tax payer can choose either the reduction or tax break for the excess tax paid in the prior year.

Unfortunately, we see Long Term Disability carriers issuing 1099’s that cause “phantom” taxable income. Sometimes it takes months to get this issue resolved with the Long Term Disability carrier.

Nancy Cavey, an experienced Long Term Disability attorney can answer your basic questions regarding the taxability of your Long Term Disability benefits.

Posted December 15th 2009 to Frequently Asked Questions about Short and Long Term Di,Long Term Disability | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

There is not a uniform Long Term Disability policy in the United States. Every policy is different. Unfortunately, disability claim’s examiners will deny Long Term Disability claims and use the wrong policy information to justify its denial.

At Cavey and Barrett we always check the Long Term Disability plan against the denial letter.

You should always review your Long Term Disability claim denial letter and compare it against the language that is actually in the policy. Not always that the language quoted in the denial letter about what your policy says is, in fact what your policy really says!

At Cavey and Barrett, your Florida Long Term Disability denied lawyers, we verify if the Long Term Disability administrator has utilized the correct policy language in a claim’s denial.  If you have any questions regarding your Long Term Disability policy language or your claim’s denial, contact Nancy Cavey.

Posted November 24th 2009 to Frequently Asked Questions about Short and Long Term Di | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post