Do You Have an ERISA Policy or Not? Tampa Long Term Disability Lawyer

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)).

ERISA Long Term Disability Lawyer TampaIf 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 or 727-894-3188.

Vocational Mistakes Long Term Disability Carriers Use to Deny Your Long Term Disability Benefits | Sarasota Long Term Disability Benefit Lawyer

Long Term Disability carriers will routinely use a vocational assessment to determine your residual functional capacity  and the skills, interests, aptitudes you have so that they can determine whether you are capable of going back to your past work or other work available in the national economy.

One of the many errors that Long Term Disability carrier’s vocational evaluators will use is to cherry pick your doctors report about your physical and mental impairments. They will pick out those restrictions and limitations, which indicate that you are capable of sedentary work.

They will also fail to consider important medical or vocational information. It is not uncommon for Long Term Disability applicants who have cardiac conditions to have problems with stress or Long Term Disability applicants who are suffering from Fibromyalgia to have problems with chronic fatigue and concentration.

Unfortunately Long Term Disability vocational rehabilitation counselors routinely ignore this important information and will render a vocational opinion that you are capable of some form of employment. The result- your claim has been denied or your benefits stopped.

If a Long Term Disability carrier has assigned a vocational rehabilitation provider to evaluate you, or your claim has been denied based off a vocational opinion, you need an experienced Long Term Disability attorney who can help rebut the vocational evaluators opinion. Sarasota, Manatee, Hillsborough, Pinellas County Long Term Disability denied attorney Nancy Cavey is experienced in developing the proper medical and vocational evidence to rebut the Long Term Disability carrier’s vocational opinion.

Fibromyalgia Long Term Disability Claims Denied with out Physical Examination | Florida Disability Lawyer

Many times Nancy Cavey, Florida disability denied lawyer, often sees Long Term Disability carriers deny Fibromyalgia claims without having a physical examination.

Many Long Term Disability policies give the carrier the right to have you examined by a physician of your choice. More often than not, Long Term Disability carriers deny you disability without having that examination. When that occurs in Fibromyalgia cases, Nancy Cavey always reminds the Long Term Disability carrier that the evaluation of Fibromyalgia requires personal examination, in a case with Bellsouth Telecommunications, Inc., 89f3D775(758-59) (11th Circuit 1996).

We also remind the Long Term Disability carrier that “evaluating disability without personal examination of the individual… is medical sophistry at best” Spencer O/B/O Spencer v. Hecker 765f2D1090 (1094) (11th Circuit 1985).

More often than not the Long Term Disability carrier will use a peer reviewed doctor to review your medical records. Nancy Cavey, Long Term Disability denied lawyer often finds that these peer reviewed physicians will arbitrarily conclude that our clients symptoms are “out of proportion of physical findings.” That’s a credibility determination, reaching such a conclusion without the benefit of physical examination to support that finding is not evident of a deliberate or prudent decision and making.

Although independent exams are not required, they are, in my opinion significant in cases where a plan administrator is operating under a conflict of interest or rejects the treating physicians opinion. Hughes v. Prudential Life Insurance Company, 2005wl8399245 (W.D3VA, April 12 2005).

At Cavey and Barrett, we always argue that the failure to get an independent medical examination in align with peer reviewed doctors is a significant factor and raises questions about the inaccuracy of the benefits denial and grounds for claims reversal.

If your Long Term Disability claim has been denied, your symptoms “out of the proportions of the physical findings,” contact Nancy Cavey, your Long Term Disability denied expert.

Workers Compensation Benefits and ERISA Long Term Disability Benefits

If you have been involved in a Workers Compensation claim in Florida, you may also be entitled to Long Term Disability benefits if you purchased this policy through your employer.

There is an opportunity to apply for additional compensation benefits.

If you have been involved in a work place accident, Nancy Cavey, experienced Long Term Disability attorney, suggests that you get a copy of your Short Term and Long Term Disability policy. It is crucial to integrate the claims for Short Term Disability and your Workers Compensation benefits. More often than not, employers are self insured for Short Term Disability benefits and it is important that you claim those benefits timely and appeal any denial. If you don’t, then you may not be eligible for Long Term Disability benefits. The interaction of short term, long term and Workers Compensation benefits can be confusing, it is important that you protect your benefits by consulting with a experienced Workers Compensation and disability insurance attorney such as Nancy Cavey, who has practiced Workers’ Compensation law and disability law for over 25 years.

If you have any questions feel free to contact us at 727-894-3188 or

Long Term Disability Myths

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