FAQ: My Claim Has Been Denied, but I Can’t Find the Policy Language, What Should I Do?

There is not a uniform Long Term Disability policy in the United States. Every policy is different. Unfortunately, disability claim’s examiners will deny Long Term Disability claims and use the wrong policy information to justify its denial.

At Cavey and Barrett we always check the Long Term Disability plan against the denial letter.

You should always review your Long Term Disability claim denial letter and compare it against the language that is actually in the policy. Not always that the language quoted in the denial letter about what your policy says is, in fact what your policy really says!

At Cavey and Barrett, your Florida Long Term Disability denied lawyers, we verify if the Long Term Disability administrator has utilized the correct policy language in a claim’s denial.  If you have any questions regarding your Long Term Disability policy language or your claim’s denial, contact Nancy Cavey.

Complaints About UNUM Provident Insurance Company Disability Denials | UNUM Disability denied Lawyer in Florida

At consumeraffairs.com (http://www.consumeraffairs.com/insurance/unum.html) has an interesting page about consumer complaints again UNUM Provident insurance company. This website is enough to get your blood boiling.

However, there is good news. If you are a UNUM Provident Insurance disability policyholder or having claims with the UNUM disability insurance claim’s process or have been denied UNUM benefits, contact a UNUM disability denied lawyer in Florida Nancy Cavey.

Fibromyalgia Long Term Disability Claims Denied with out Physical Examination | Florida Disability Lawyer

Many times Nancy Cavey, Florida disability denied lawyer, often sees Long Term Disability carriers deny Fibromyalgia claims without having a physical examination.

Many Long Term Disability policies give the carrier the right to have you examined by a physician of your choice. More often than not, Long Term Disability carriers deny you disability without having that examination. When that occurs in Fibromyalgia cases, Nancy Cavey always reminds the Long Term Disability carrier that the evaluation of Fibromyalgia requires personal examination, in a case with Bellsouth Telecommunications, Inc., 89f3D775(758-59) (11th Circuit 1996).

We also remind the Long Term Disability carrier that “evaluating disability without personal examination of the individual… is medical sophistry at best” Spencer O/B/O Spencer v. Hecker 765f2D1090 (1094) (11th Circuit 1985).

More often than not the Long Term Disability carrier will use a peer reviewed doctor to review your medical records. Nancy Cavey, Long Term Disability denied lawyer often finds that these peer reviewed physicians will arbitrarily conclude that our clients symptoms are “out of proportion of physical findings.” That’s a credibility determination, reaching such a conclusion without the benefit of physical examination to support that finding is not evident of a deliberate or prudent decision and making.

Although independent exams are not required, they are, in my opinion significant in cases where a plan administrator is operating under a conflict of interest or rejects the treating physicians opinion. Hughes v. Prudential Life Insurance Company, 2005wl8399245 (W.D3VA, April 12 2005).

At Cavey and Barrett, we always argue that the failure to get an independent medical examination in align with peer reviewed doctors is a significant factor and raises questions about the inaccuracy of the benefits denial and grounds for claims reversal.

If your Long Term Disability claim has been denied, your symptoms “out of the proportions of the physical findings,” contact Nancy Cavey, your Long Term Disability denied expert.

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