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.

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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.”

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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.

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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. 

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Long Term Disability carriers will routinely use a vocational assessment to determine your residual functional capacity  and the skills, interests, aptitudes you have so that they can determine whether you are capable of going back to your past work or other work available in the national economy.

One of the many errors that Long Term Disability carrier’s vocational evaluators will use is to cherry pick your doctors report about your physical and mental impairments. They will pick out those restrictions and limitations, which indicate that you are capable of sedentary work.

They will also fail to consider important medical or vocational information. It is not uncommon for Long Term Disability applicants who have cardiac conditions to have problems with stress or Long Term Disability applicants who are suffering from Fibromyalgia to have problems with chronic fatigue and concentration.

Unfortunately Long Term Disability vocational rehabilitation counselors routinely ignore this important information and will render a vocational opinion that you are capable of some form of employment. The result- your claim has been denied or your benefits stopped.

If a Long Term Disability carrier has assigned a vocational rehabilitation provider to evaluate you, or your claim has been denied based off a vocational opinion, you need an experienced Long Term Disability attorney who can help rebut the vocational evaluators opinion. Sarasota, Manatee, Hillsborough, Pinellas County Long Term Disability denied attorney Nancy Cavey is experienced in developing the proper medical and vocational evidence to rebut the Long Term Disability carrier’s vocational opinion.

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If you have any questions be sure to give us a call at 727-894-3188 or check out our website www.caveylaw.com.

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If you have any questions give us a call at 727-894-3188 or visit our website www.caveylaw.com.

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