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

Posted July 15th 2010 to Frequently Asked Questions about Short and Long Term Di | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

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.

Posted April 29th 2010 to Long Term Disability | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

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.

Posted March 23rd 2010 to Frequently Asked Questions about Short and Long Term Di | Comments (2)| Permalink | Trackback |  Print This Post |  Email This Post

I explain present value in several different ways. It can be considered that money today is worth more than the money we get tomorrow. In other words, if you get $10 today and invest it at a percentage for twenty years, it may yield $15.00, if you get $10 in fifteen years it’s still $10.00.

Would you prefer $10 today or $10 in fifteen years?

In evaluating Long Term Disability claims we will look at the total amount of benefits due over the life of the policy and then reduce it to present value. In other words, what is your policy worth today as opposed to over the life of your plan?

Another way to look at it is if you have won the $20 million jackpot and you want it now, you’d only get $6 million or you can get the entire $20 million by waiting and getting it over time. Present value is what that $20 million jackpot is worth today.

If you have questions about the value of your Long Term Disability case, contact ERISA disability attorney, Nancy Cavey, who handles ERISA Long Term Disability claims in the Southeastern United States including Florida, Georgia and Alabama.

Posted February 11th 2010 to Frequently Asked Questions about Short and Long Term Di | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

Long Term Disability carriers can’t shut their eyes to “readily available information when the evidence and record suggest that the information might confirm the beneficiary’s theory of entitlement.” In an interesting decision in Gaither v. ETNA, 394f3d792(10^th Circuit 2004), the claimant found Mr. Gaither, was accepted as being entitled to Long Term Disability benefits under the own occupation standards, in part because of the narcotics he was taking as a result of his spinal condition.

ETNA later took the position that he was not entitled to any further disability benefits and chose to ignore medical evidence that the claimant had to continue to use medication which had significant side effects, the court reserved the denial and in doing so pointed out that the administrator didn’t have to pour over a person’s medical records for a possible basis of disability that hasn’t been raised or consider what further evidence might be honorable to make a favorable decision. The court did say that Long Term Disability carrier’s can’t turn a blind eye to the information in the record, that the carrier has a duty to investigate information that confirm your period of entitlement for Long Term Disability benefits.

ETNA suggested that it acts like a judge in a Long Term Disability matter and the priorities bear the responsibility for compiling evidence to support the claim for Long Term Disability. ETNA also argued that they had “little or no responsibility to see qualification even when the evidence suggested the possibility of a legitimate claim,” the court rejected that argument.

If a Long Term Disability carrier like ETNA is handling your case in an adversarial manner, you need the assistance of a Long Term Disability attorney like Nancy Cavey, who helps Long Term Disability applicants or those Long Term Disability ERISA applicants who’s claim has been denied. Nancy Cavey has written a free no obligation consumer guide entitled, “Robbed of Your Peace of Mind.”

Posted February 11th 2010 to Long Term Disability | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

The Reed Group, third party administrator of Long Term Disability claims, has developed a product called MD Guidelines, which they are marketing to insurers who underwrite and manage disability products. What is it? MD Guidelines allegedly has been developed through statistical analysis of over 2 million disability cases and have allegedly been clinically reviewed by a panel of leading physicians to ensure that their recommendations are “fair, consistent and represent leading edge medical knowledge.” If you take a look at these guidelines, I am sure you will find that a number of these physicians are in fact well known, peer review physicians used in Long Term Disability cases to deny Long Term Disability claims.

Companies like Reed Group are selling and using MD Guidelines as a tool to wrongfully deny Long Term Disability applicants their benefits by pointing to the guidelines as a reason why you should be able to return to work and are no longer disabled.

As well, a lot of these “return to work” durations are based solely on workers’ compensation claims and not Long Term Disability claims. That would make you question the methodology wouldn’t it?

If your Long Term Disability claim is being handled by Reed Group or you think they may be using return to work guidelines in evaluating your claim, contact Reed Group denied Long Term Disability claim attorney Nancy Cavey. Nancy has written the easy to read consumer guide Robbed of Your Peace of Mind: Important Information on Long Term Disability Insurance Policies, The Claims Process, and How to Win Your Long Term Disability Benefits, which sells on Amazon.com for $19.95, but you can receive your free, no obligation, copy at www.caveylaw.com or by calling 727-894-3188.

Protect yourself and understand the games that Long Term Disability carriers and third party administrators like Reed Group will play in your Long Term Disability claim.

Posted January 26th 2010 to Long Term Disability | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

Unfortunately the ERISA law gives the insurance industry a license to commit fraud. It gives them the means, the motive and the opportunity.

At Cavey and Barrett, we learned first hand that Long Term Disability policyholders are “Robbed of Their Peace of Mind”.

The motive? The ERISA law does not let the court assess the damages against Long Term Disability carriers for any harm they cause when they deny valid Long Term Disability claims. All the judge can do is will them to pay what should have been paid in the first place, and without interest!

The means? There is limited discovery in ERISA litigation that would allow us to question the people who made the decision to wrongfully deny your benefits.

There is discovery allowable in the 11^th Circuit that will help Nancy Cavey, an ERISA denied benefits lawyer, question the Long Term Disability adjuster and others about the claims denial, but that only happens after your claim has been denied on appeal.

The opportunity? As a Long Term Disability policyholder, you know how you sacrifice each month to pay your Long Term Disability premium. Long Term Disability carriers receive hundreds of thousands of dollars of premium every year and quite frankly, they make money off of your premium dollar and the money they hold by denying your claim.

There are many Long Term Disability applicants whose claims are denied and just don’t look for a lawyer, or they find a lawyer who doesn’t know anything about ERISA. Many Long Term Disability denied applicants lose at the end simply because they don’t understand the Long Term Disability claims process.

Florida based Long Term Disability attorney, Nancy Cavey has written consumer guides to assist you in understanding the Long Term Disability claims process. These include Robbed of Your Peace of Mind and The Smart Long Term Disability Consumer Guide for Preparing Your Statement and Field Visit.

How many Long Term Disability carriers have written books explaining the claims process in which they too are involved? None, they are only interested in the means, motive and opportunity to deny you your Long Term Disability benefits.

If your Long Term Disability benefits have been denied, contact Nancy Cavey for assistance. 

Posted January 07th 2010 to Long Term Disability | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post