How to Correctly Calculate Your Long Term Disability Benefits

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, SocialCalculate 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.

If You Don’t Plan For Possible Disability by Purchasing Long Term Disability Policy, You Will Hate Yourself Later

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

  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.

If you don’t Understand the Difference Between Short Term and Long Term Policy, You’ll Hate Yourself Later When You Are Unable to Work

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

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.

Dirty Secrets About Long Term Disability Claims Denials

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.

If You Are a Physician and Don’t Understand How Long Term Disability Carriers Use CPT Codes in Analyzing a Claim for Disability, You’ll Hate Yourself Later

Many physicians will have what is called an “own occupation” disability insurance policy that will pay benefits if you are no longer able to carry out the duties of your own occupation.Physician Long Term Disability Lawyer

Unfortunately, many physicians don’t understand the games that long term disability carriers will play in determining what a physicians “own occupation” might be at the time that they become disabled.

For example, a UNUM disability policy provides for “total disability” benefits when the insured, due to injury or sickness is “unable to perform the important duties of his occupation and is under the regular care of a personal physician”. Dr. Natarajan, a board certified Cardiologist, had such a policy through Paul Revere Life Insurance Company and UNUM. Dr. Natarajan opened the first cardiac catheterization in Venice, Florida and, following the adoption of innovational cardiology, Dr. Natarajan became certified in interventional cardiology in the year 2000.

Unfortunately, he developed severe arthritic degeneration in his hands and lost his ability to perform the surgeries.

As a result, and over time, he had to reduce the number of cardiological interventional procedures he conducted.

He filed a claim for total disability benefits and, as part of the claim UNUM completed the medical billing review/ CPT Code Analysis.

Based on UNUM’s analysis, they concluded that surgical or invasive/interventional procedures only accounted for 12% of the total number of procedures performed by Dr. Natarajan and accounted for only 25% of all the billings and charges prior to the onset of his disability.

In line with the CPT Code Analysis, UNUM determined that Dr. Nataregan was not engaged in a specialty of invasive/interventional cardiologist on account of his disability.

They concluded, that he was a general cardiologist, since he maintained a limited office practice as a cardiologist, he was not entitled to total disability benefits.

UNUM suggested that he seek the payment of residual disability benefits and Dr. Natarajan disagreed then sued Paul Revere UNUM Provident aka the UNUM group.

The court held that the policy defined “Your Occupation” as the occupation in which “the [insured] is [readily engaged] at the time [the insured] becomes disabled” and that Dr. Natarajan had to demonstrate there was “evidence of means by which a reasonable jury might find he was employed as a interventionist/invasive cardiologist (as opposed to a general cardiologist) at the time he became disabled”.

The Court pointed out that Dr. Natarajan had “considerable evidence” including documentation that he was a board certified interventional cardiologist and the affidavit from the administrator of the facility where Dr. Natarajan was employed, which confirmed that he was specifically hired because he was an interventional cardiologist.

The Court denied UNUM’s motion for summary judgment, agreeing with Dr. Natarajan that the CPT analysis was, alone, insufficient to establish that Dr. Natarajan was a general cardiologist.

UNUM offered up it’s own claims manual in support of it’s allegation that they were entitled to apply “more narrow definition of own occupation”.

The Court rejected this interpretation in denying UNUM’s motion for summary judgment.

If you are a physician who has a “own occupation” policy, you should consult an experienced long term disability attorney to assist you in helping you understand your policy terms, how they carrier might limit your coverage, and how they may use the CPT Codes in denying your claim for benefits. Give us a call today at 727-894-3188 to discuss your policy.

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.

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