Mistake 19 – Restrictions and Limitations – Your Daily Activities | Pinellas Park Long Term Disability Lawyer

When you apply for long-term disability benefits I’m sure you never thought you’d have to explain what you did inside and outside the house. What does that have to do with your inability to work?

Well, long-term disability carriers like to compare your complaints to your doctor with what are able to do around your home to see if there are any inconsistencies. They’ll also use your responses to put surveillance on you see if you are telling the truth. Their version of the truth doesn’t always match up with reality

A  long-term disability Activity of Daily Living Form will ask questions about both the inside and outside activities.

In regard to your inside activities you will be asked about cooking, cleaning, use of the microwave, laundry, dusting, and other household activities. I am sure that you have difficulties doing these things because of your pain, limitation of motion, or other problems associated with your disabling condition. You may have to break up these tasks or have someone help you. You may no longer cook meals and rely on the microwave. You may have hired someone to clean your house.

The activities of Daily Living Form will ask you what you’re able to do outside of the house such as driving,  taking out the garbage, gardening, weeding, or cutting the lawn. Just make sure that what you’re doing is consistent with the restrictions that your doctors placed upon you. You might have to pace yourself or even have assistance.

Give a broad answers to these questions explaining that your activity depends on how you feel and the side effects of any medication. Make sure you’re treating doctor knows the extent of your physical activity.

For assistance in completing long-term disability/ERISA activities of daily living forms and preparing for a disability statement, contact an experienced disability Attorney, like Tampa Bay lawyer Nancy Cavey to make sure you are prepared for this important event in your long-term disability claim. She can be reached at 727-894-3188.

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Mistake 14 – Restrictions and Limitations – Driving | Lakeland Long Term Disability Lawyer

The Long Term Disability insurance company will, undoubtedly, asking lots of questions about your ability to drive in the Activities of Daily Living Form you are asked to complete as part of your long-term disability claim.

At Cavey and Barrett, a St. Petersburg-based long-term disability firm, we often get questions about how to fill out the Activities of Daily Living forms. You’ll be asked the following questions by your long-term disability carrier in regard to your driving:

* How long can you drive?

* Why do you have to stop? Is it because of fatigue? Medication? Concentration?

* How long can you ride in a car as a passenger?

* Short distances? Run errands? Doctors appointments?

* Rely on others to drive?

* Do you pump gas?

You will also be asked questions about whether you own a vehicle. These questions will include:

* Do you own a car?

* How often do you drive it?

* Do you have difficulty getting in and out of the vehicle?

* Do you experience pain getting in and out of your vehicle?

Be careful how you answer these questions. Of course, you must be truthful and not exaggerate your difficulties. I suggest that you explain that you have good days and bad days, and that your ability to drive this impacted by your pain, fatigue, and medications.

Explain that you pace yourself and, perhaps, even break up your errands over several days. Perhaps you don’t take your medication as schedule to allow you to run errands. Answer these kinds of questions using ranges and not absolutes.

It isn’t uncommon for the long-term disability carrier to place surveillance on you to determine whether your reported activity is inconsistent with what you reported on your Activities of Daily Living forms. You might even want to keep a diary of what you do during the course of the day, what medications you take and any side effects you have. etc. I would not necessarily let the long-term disability carrier know you’ve kept a diary of your activities. You can use it as a reference when you fill out the long term disability activities of daily living forms.

If you have any questions about how to fill out these long-term disability claims forms, please feel free to contact Nancy Cavey @ Caveylaw.com

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Mistake 13 – Restrictions and Limitations – Computer Skills | Tampa Bay Long Term Disability Attorney

Okay–so what do your computer skills have to do an Activity of Daily Living Form that the long-term disability/ERISA carrier has sent to you so you can get your long term disability benefits?

Two things! The first really involves what you do with your time. Can you sit at a computer? How long? Is that consistent with what you put on your form about your ability to sit or your need to alternate positions? How much are going to concentrate? And, of course, are you doing any medical research online about your condition?

The long-term disability/ERISA carrier is looking for discrepancies between what you say you can do and what your reported activity is – it’s like saying you can’t drive, but then driving 100 miles to go to Disney World.

Don’t be naive. Long-term disability and ERISA carriers are trolling the Internet looking at social websites to see if you have a posting, how often you post pictures of what your doing. Take them down immediately!

The second reason you’re asked questions about your computer skills have to do with whether or not you’re capable of working. If you can do is sedentary job sitting at a computer your employable and are no longer entitled to disability benefits.

You are going to be asked about your level of computer skills, whether you can do word processing, whether you use e-mail and how frequently you are on the computer.

Be truthful! But be consistent with the answers that you’ve put on the activity of daily living form about your ability to sit, stand, reach, bend, stoop, alternate positions, use of your hands and concentration. The long-term disability/ERISA carrier is looking for inconsistencies.

Questions about your computer skills are really trick questions. I suggest you consult an experienced long-term disability/ERISA attorney like Tampa Bay – based attorney Nancy Cavey as you answer these questions so that you do not jeopardize your long – term disability/ERISA benefits.

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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Mistake 10 – Restrictions and Limitations – Use of your hands | St. Petersburg Long Term Disability Lawyer

Long Disability Carrier’s Activity of Daily Living form may ask you questions about the use of your hands.  These questions are particularly important if you are seeking disability benefits on the basis of such conditions as carpal tunnel syndrome. You can make crucial mistakes in completing your long-term disability forms!

You will be asked, “What is your dominant hand?”

The Activity of Daily Living Form that has been sent to you by the long-term disability carrier has all sorts of questions about what you can and cannot do. The ERISA carrier isn’t really interested about how your disability impacts you every day of your life. They are interested in your answers for the purpose of denying your claim.

If you are claiming disability based on problems with the use of your hands, you will  be asked whether or not you have the full use of your hands and fingers, have problems when you try to open a jar, button a shirt, unlock the door, write, type, or hold a coffee cup.

Think carefully before you answer these questions – think about how you use your hands from the time you get up in the morning until you go to bed at night. What can you do? What can you do with difficulty? How long does it take you to do something requiring dexterity? Do you have to stop or start the activity? What symptoms does it cause? Do you have to use splints or braces? Do you have difficulty with the use of your hands when you bend, twist, or reach with your hands?

And, of course, make sure you explain who filled out this Activities of Daily Living Form!

Take the time to properly think through these answers before you complete the form. If you have any questions about completing the Activities of Daily Living form, consult an experienced long-term disability Attorney like Nancy Cavey.

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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