LongTermDisabilityandERISAblog.com

Give me Five Minutes and I’ll Tell You Why You Should Not Allow Crowe Paradis to Handle Your Long Term Disability Claim

Nancy Cavey — Thu, 15 Jul 2010 12:56:32 +0000

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

Your MetLife Long Term Disability Claim and Social Security Benefits | MetLife Disability Benefits Denied Lawyer

Nancy Cavey — Tue, 01 Jun 2010 13:44:58 +0000

MetLife has written an interesting article that has some basic overviews of Social Security questions and answers. While the information is helpful, you need to understand that MetLife requires you to apply for Social Security Disability benefits as part of your Long Term Disability claim. While they try to explain the benefits as to why you should apply for Social Security Disability benefits, they really don’t make is clear that your Long Term Disability benefits will be reduced by MetLife once you’ve received Social Security Disability benefits. They also recommend that you call MetLife to discuss hiring an attorney to represent you in the Social Security Disability case, be sure that they will refer you to an attorney or claims representative that has MetLife’s interests at heart and not yours!

At Cavey and Barrett we believe that you should have a private attorney represent you for your Social Security Disability and Long Term Disability case to make sure that your benefits are properly protected. To schedule a complementry consultation about your Long Term Disability claim, call us at 727-894-3188 today or fill out the form located HERE to be contacted as soon as possible.

Cost of Living Adjustments and Your Long Term Disability Claim

Nancy Cavey — Thu, 29 Apr 2010 16:50:26 +0000

Your Long Term Disability policy might have a provision so that your disability benefits can be increased by a cost of living adjustment. However, fact remains that the rate of benefits can be hard to figure out simply because the Long Term Disability carrier doesn’t write the policy very clearly.

Some will use a cost of living adjustment based on the consumer price index. Even more confusing, they will sometimes attempt attack the COLA based on a fixed amount like 4% or the most recently determined annual percentage increase and the consumer price index. Trying to calculate this can give you a headache! If your Long Term Disability policy has a cost of living adjustment in it and you don’t believe you’ve been paid properly, contact Long Term Disability COLA increase law firm Cavey and Barrett for assistance in determining the correct amount of benefits that you are due and owed. Use the form on the right side of this page to contact us. Let us help you today.

Am I Entitled to Interest on my Reinstated Long Term Disability Benefits?

Nancy Cavey — Tue, 23 Mar 2010 15:59:39 +0000

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.

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

Nancy Cavey — Thu, 11 Mar 2010 17:18:16 +0000

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.