If your long term disability claim has been denied and you file a lawsuit in Federal Court will be required to attend a mediation.

What is a mediation? The court will appoint or the parties will agree that a neutral third party, called a mediator, will bring the parties together in an effort to reach an agreement for settlement of claim for back benefits or even a settlement for your entire long term disability claim.

Remember, the mediator isn’t a judge and doesn’t have the authority to say that you win or lose, only you and the long term disability carrier can reach an agreement about settlement.

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One of the most pervasive claims practices that I’ve seen in the course of my disability practice is long term disability carriers playing both sides! What do I mean? Many long term disability policies require that you apply for Social Security Disability benefits. And, if you don’t, they’ll reduce your long term disability benefits based on an estimate of what they think you would receive in Social Security Disability benefits.

It gets worse! Many disability policies have provisions that allow the disability insurance company to reduce or even eliminate disability benefits if you receive what’s called “other benefits”. Those can include Social Security Disability, workers’ compensation benefits, retirement benefits, even a 401k distribution.

More often than not, the long term disability carrier will suggest that you hire a company like Allsup which are paid by the long term disability carrier to assist you in getting your Social Security Disability benefits. And, guess what? As soon as you get those disability benefits the long term disability carrier will cry “overpayment” and allege that they have overpaid you benefits because you have received both long term and Social Security Disability benefits. What’s even more amazing is that the long term disability carrier will soon find a reason to deny any further disability benefits claiming that they have over paid you and they don’t owe you anything.

This situation happens more often then we’d like to see. Before you file a claim for disability benefits or before you retain the services of a Social Security representative recommended by the long term disability carrier, get a free no obligation consultation regarding your rights to long term disability benefits and the impact Social Security might have on those benefits. You can contact long term disability attorney, Nancy Cavey, for a free, no obligation thirty minute consultation. 727-894-3188.

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In the United States there are over 400,000 people with MS and over 200 new cases are diagnosed each week. If you have a long term disability policy you should consider applying for long term disability benefits. MS is a chronic, often debilitating disease that can attack your brain, spinal cord, and optic nerves.

This can cause numbness in your limbs, fatigue, motor weakness, poor balance, heat sensitivity, pain, cognitive impairments, mood disorders and even paralysis or loss of vision.

Unfortunately, as many as 50% of people with MS are unable to work because of their disability. If you have been diagnosed as having MS and have a long term disability policy, you should consult a MS long term disability attorney to assist you with your long term disability application.

If you have applied for long term disability benefits because of disability caused by MS and/or complications and were denied, you should immediately consult with a reputable MS long term disability lawyer. Why? You will have 180 days from the date of your denial in which to appeal the denial of your MS long term disability claim. Regardless of how strong your physician supports your claim, you will need to the assistance of a qualified MS long term disability attorney to assist you in the claims and appeal process. If you don’t, you will hate yourself later when the time for the appeal of your denial has lapsed.

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Many long term disability policies have provisions in them which allows the disability insurance company to reduce or “offset” the long term disability benefits you receive from other sources. These can include, Social Security Disability benefits, including benefits received for dependents, workers’ compensation benefits, law suits arising out of auto accidents and even retirement benefits.

Before you stop working, you should have your long term disability policy reviewed so you can understand what the gross amount of your disability benefits should be, what deductions the long term disability carrier can legitimately take and what your net disability income will be after reductions.

If you don’t, you may end up with a significant over payment and the long term disability carrier suing you to collect an overpayment of your disability benefits. If you would like help with your Long Term Disability benefits from Nancy Cavey, a Tampa St. Petersburg Long Term Disability lawyer, give her a call today at 727-894-3188.

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Do you know that, according to an article “Are You Counting On Savings When Disabled?” ( http://community-nasdaq.com/news/2010-08/areyoucountingonsaving) that:

1. “Deaths due to heart disease, cancer and strokes have denied while disabilities disability cause by these conditions have sky rocketed.

1. That a 35 year old has a 48% chance of having at least one disabling incident lasting longer that three months before reaching age 65.

1. That 1 in 5 under that age of 65 will disabled for a year or longer.

1. A 45 year-old experiencing a disability that lasts one year has a 70% chance that it will last at least one more year and that the same person has a 62% chance that it will last five years or longer.”

Unfortunately, only 9% of Americans have individual disability policies to protect their ability to work an earn income.

Many of us, think nothing about insuring our houses against fires, tornados, earthquakes or other catastrophic events. Unfortunately, many us don’t think about insuring ourselves.

If you are relying on savings, you may not have enough money to get you through an elimination period or even a claim denial.

At Cavey and Barrett, we suggest that you have a long term disability policy. You can get those from your employer, which typically cover 60% of your salary. Unfortunately, there are several disadvantages to employer sponsored programs including taxability and the fact that they are covered under the ERISA law.

Nancy Cavey, an individual disability policy denied attorney, suggests that the wiser course is to purchase an individual policy through an agent. Yes, of course, it will be more expensive than a group policy, but you are insuring yourself. Aren’t you, your family and your future earning capacity worth it?

For more information about the terms your do not want to see in your long term disability policy, you can order a free no obligation copy of the book Robbed of Your Peace of Mind on the right side of this page.

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Your employer may offer you both a short term and long term disability policy, what are they? What should you choose?

Short term disability policy normally pay 70-80% of your income for periods generally up to 6 months.

Long Term Disability policies will pay you 40-60% of your income and potentially can pay you benefits up to retirement so long as you meet the definition of disability.

Did you know that over 50% of all mortgage foreclosures and 20% of all personal bankruptcy in 2001 were caused by disability? You need to protect your income and your family’s well being.

If you have a choice, Pinellas and Hillsborough County certain long term disability attorney Nancy Cavey suggests that you get both short and long term disability coverage to protect your income.

If you have questions about which policy is right for you, you can order Nancy Cavey’s free no obligation book, Robbed of Your Peace of Mind. In this book it explains everything you need to know about your short term or long term disability claim.  If you have other questions, call us today at 727-894-3188.

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In the experience of Nancy Cavey, Florida Long Term Disability benefits denied attorney, many long term disability claims are denied unnecessarily.

She has written the go to book: Robbed of Your Peace of Mind that contains valuable information on how to understand your long term disability policy, filing your claim “right” for the first time, and what you need to do if your long term disability claim is wrongfully denied. Each year, millions of dollars in long term disability benefits are denied. Long term disability applicants don’t understand the long term disability claims process and what they need to do to get the long term disability benefits they rightly deserve.

To order your no obligation copy of Robbed for Your Peace of Mind contact the law office of Cavey and Barrett at 727-894-3188, or fill out the form on the right side of this page. We will rush you the book as soon as possible.

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