Mistake 21 – Work Accommodations | Sarasota County Long Term Disability Lawyer

You might still be working but are disabled. If so, you will be asked about work accommodations you or your employer are making. Are you working from home? Have your hours or days been reduced? Do you change positions or even use special equipment? Are there changes that just can’t be made to help you work? Do you have good days and bad days? Are your good days predictable? Can you sustain activity or do you have to pace yourself — stop or start when you can’t go on?

Does your pain interfere with work? Does pain cause problem with concentration or do you have side effects of medication? Explain how this interferes with work and how your employer can or can’t accommodate you.

Explain this in your Activity of Daily Living form so your long term disability/ERISA carrier understands what ability you have, if any to work, and what accommodations are needed to help you work.

If you need assistance with your long term disability/ERISA disability claim or Activity of Daily Living forms, contact 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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Mistake 18 – Restrictions and Limitations – Your Pain Level | Hudson Long Term Disability Attorney

If you have filed a claim for long-term disability benefits you can be assured that the long-term disability carrier will be asking lots of questions!

If your physical condition causes pain that interferes with your ability to work, your long-term disability carrier will be particularly interested in asking questions about your pain. These questions will include:

1.  What is your current level of pain on a pain scale of 1 to 10?

2. Does your pain level vary?

3.  Do you have good days and bad days? How often?

4.  Where do you experience pain?

Some physicians will have their patients complete at each visit a pain diagram that will also ask you to rate your pain on a scale of 1 to 10.  If you fill out those forms for your doctor, get a copy of every form you filled out before you complete the long-term disability questionnaire. You want to make sure that what you’ve told your physician at each visit is consistent with what you’re reporting to the long-term disability carrier.

If the long-term disability carrier doesn’t define the pain scale, ask them how they define before you answer those questions.

Make sure that your explanations about where you have your pain is also consistent with what you’ve reported to your doctor.

To avoid making a crucial mistake in completing the Activity of Daily Living form for your long-term disability carrier, consider consulting with an experienced ERISA disability Attorney, like Nancy Cavey. Long-term disability/ERISA disability carriers love to jump all over inconsistencies and use them as a basis of denying your client. Protect yourself!

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 17 – Restrictions and Limitations – Hygiene | St. Petersburg Long Term Disability Lawyer

Does the long-term disability/ERISA insurance company really care how many times you take a shower or get dressed every day? Of course not!

They ask you questions about your hygiene, not because they care, but to see whether your reported activity is inconsistent with what you’re telling your doctor about your abilities.  A long-term disability/ERISA disability insurance company will ask you the following questions:

*  Do you need help dressing? How often?

*  How long does it take you to get dressed?

*  Do you need help showering?

*  How long does it take you shower?

*  Do you shower every day?

*  Who helps you?

*  What time do you fall asleep?

*  What time do you get up?

*  Have you made any accommodations to your house because of your illness?

If your disability hasn’t resulted in any impact on your hygiene, simply say so. However, if you have difficulty bending, stooping, twisting questions about your hygiene may be relevant. You may need help putting on your socks or shoes if you have a back injury. You may have trouble getting in and out of the shower if you had a stroke.

Don’t be afraid to detail the problems were having with dressing, showering, sleeping, or accommodations you’ve had to make to your home. I would suggest that you advise your treating physician, in writing, all those problems, so they’re documented in your file. That way, there won’t be any inconsistencies between what your doctors records provide and what you are telling the long-term disability/ERISA disability carrier.

It’s important that the Activities of Daily Living form you complete in support of your long-term disability claim be consistent with your medical records. Nancy Cavey, an experienced ERISA long-term disability attorney, strongly recommends that you get a complete copy of your medical records from your treating physician before submitting your claim and supplementing your medical records with information about your Activities of Daily Living so there aren’t inconsistencies that the long-term disability/ERISA disability insurance company can seize on to deny your claim.

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 12 – Restrictions and Limitations – Concentration | St.Petersburg Long Term Disability Lawyer

You’ve gotten another Activity of Daily Living Form to complete, and it seems like you just did one a week ago.

Do you have problems with concentration because of pain or side effects of medication? Are you claiming your disabled because of those problems?

Many jobs require a high level of concentration. You simply may not be able to work because you can’t concentrate on your job duties. How is a long-term disability carrier going to determine whether or not you’re just saying that just to get your long-term disability or ERISA benefits?

Well, for starters, the adjuster or a nurse for the long-term disability carrier will call you. They will try to determine, based on that conversation, what problems, if any, you’re having with concentration. You’ll be asked whether you can concentrate well, can you focus, are you having problems with your short-term or long-term memory and how often you experience concentration or focus problems. These are all open-ended type questions.

First, and of course, I do not suggest you speak with them as they will misinterpret and misconstrue your conversation with you.

When you fill out the activity of daily living form, I suggest that you speak with your doctor about any problems you’re having with concentration as a result of your pain or side effects of medication, so it’s documented in your medical records. Give the doctor specific examples and make sure that those medical records are consistent with what is being put on your activity of daily living form.

If you’re having problems concentrating, I suggest that you have someone help you fill out the form or that you try to do it a little bit every day and document the fact that you’re doing it in bits and pieces.

Please be aware that the insurance company will have their doctors evaluate your comments about your concentration and ask their doctors, whether problems with concentration is a known complication of your medical condition…

In some instances it may even be necessary to have psychological or neuropsychiatric testing to document the problems you are having with concentration. If you are asked by the long-term disability/ERISA carrier to have that kind of testing you should find an experienced long-term disability/ERISA attorney, like Nancy Cavey, as that is a clear signal that you’re being set up for denial.

If your long-term disability/ERISA claim is denied, medical evidence of problems with concentration can be developed to substantiate your complaints and document how your problems with concentration impact your ability to work. The development of the correct medical and vocational evidence during the appeal-process is crucial to the success of your claim.

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 11 – Restrictions and Limitations – Pushing and Pulling | Tampa Bay Long Term Disability Attorney

You will be asked questions about your ability to push and pull by the long-term disability carrier. Why? I personally think these kinds of questions are really related to surveillance. What do I mean?

As I’ve explained, the long-term disability carrier compares your answers to what you reported to your physician and what surveillance shows about your activities. You will be asked questions about your ability to push and pull and give examples. You’ll be asked whether pushing or pulling increases your pain level, and how it increases your pain level.

You might say you can’t push or pull, but the long-term disability carrier may have pictures of you pushing a grocery cart without difficulty or pushing a lawnmower. They might even have pictures of you pushing a broom sweeping off your driveway. You can bet they’ll be taking that information back to your physician and asking whether or not you are capable of working.

You do need to tell the truth about your ability to push and pull. However, you need to explain that you attempt to stay within your physician’s restrictions, that you have good days and bad days, but there are days that you can do more than others. Make sure your answers are accurate and complete to these questions.

If you have any questions about how to fill out your long-term disability carrier’s Activities of Daily Living forms, please feel free to consult Nancy Cavey by calling 727.894.3188 or by visting www.caveylaw.com.

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