The Truth About Drug Resistant Hyper-Tension and Your Right to Long Term Disability Benefits

If you are suffering from drug hyper tension has resulted in you being unable to work, you may be entitled to long term disability benefits.

MSN health reports that those who have drug resistant hypertension may benefit from nerve block treatment that can help can your blood pressure back to normal. This study shows that 39% of the patients were able to go their blood pressure back to proper levels. We hope, at Cavey and Barrett, that there will be additional clinical trials to help those that have drug resistant hypertension. Hypertension Long Term Disability

If your physician has told you that you are unable to work as a result of drug resistant hypertension and your long term disability claim has been denied, Nancy Cavey, can help you get the long term disability benefits you rightly deserve, no matter where you live in the United States. Contact ERISA disability attorney today at 7278943188.


CIGNA’s Games with Short and Long Term Disability Claims

At Cavey and Barrett we have seen a disturbing trend where carriers, like CIGNA deny short term disability claims just prior to the policy holder becoming eligible for LTD benefits, why? Carriers, like CIGNA, will never pay long term disability benefits if the short term disability claim is denied. Unfortunately, if your long term disability lawyer files a long term disability claim, the courts will most likely dismiss the claim for “failure to exhaust”.

At Cavey and Barrett, we’ve taken to filing a long term disability claim and, after we receive a denial from a carrier like CIGNA, we then file a law suit seeking the payment of both short term and long term disability benefits.

Carriers, like CIGNA, play the “game of exhaustion” in attempt to exhaust the policyholders from getting the short and long term disability benefits that they paid for.

If your CIGNA short term disability claim has been denied contact short term disability claim denied attorney Nancy Cavey who can help you with your CIGNA claims denial

Do You Have an ERISA Policy or Not? Tampa Long Term Disability Lawyer

If you are employed with a governmental agency, such as a hospital owned by your local municipality, your insurance policy is not subject to the Employer Retirement Income Security Act of 1974 (US Code Section 102(32) and 103(b)(1)).

ERISA Long Term Disability Lawyer TampaIf your Long Term Disability carrier tries to treat this claim as an ERISA claim as opposed to a state law claim, you need representation immediately. It is not uncommon for Long Term Disability carriers to put ERISA specific language in letters for non-ERISA claims and that is really misleading! That is important because under state law you have the right to sue for punitive damages including bad faith and the right to a jury trial.

Your Long Term Disability carrier could be misrepresenting your legal rights. Don’t always trust the denial from your Long Term Disability carrier to correctly identify whether or not your policy is subject to ERISA. This mistake can be costly and deny you your right to a jury trial. If you have any questions whether your Long Term Disability policy is governed by the ERISA statute contact Tampa Long Term Disability claim lawyer Nancy Cavey who can be reached at or 727-894-3188.

FAQ – You Are in Line for a Disability Termination | Port Richey Long Term Disability Attorney

You fought long and hard to get the long-term disability benefits you deserve. What the insurance company is already setting you up for is the termination of your long-term disability benefits.

Unfortunately, it is not uncommon for long-term disability carriers to target high-paying cases or cases where the definition of disability will soon change for termination.

The long-term disability carrier isn’t going to call you up and say “Away we go!” No, they will probably send you a vague letter saying they’re going to be doing a review of your case. They are not fooling and this is not fluffy letter.

So, what are they going to do?

First, they are going to contact your doctor to try to get a statement that will be used to terminate your benefits. They will try to get your doctor to say that you can work, that you can work in some accommodate position, that your diagnosis is only based on your complaints to the doctor, that their peer review doctor (who has never seen you) says you can do this activity or that activity and won’t they just agree, that they have surveillance on it and you’re doing lots of things are not supposed to be doing so won’t your doctor agree you can work, etc.

One of the first things that I do as your attorney is to revoke all medical authorizations you signed. Why? Because they will talk to your doctor without my knowledge! They will allegedly have conversations with  your doctor and send a letter that “summarizes” the conversation. More often than not, there’s never been a conversation or they twisted what your doctor who said… Then I have the pleasure of going back to your doctor and trying to undo the unfavorable “what we discussed” letter that your physician signed.

They will also send the infamous letter to your doctor that says “If you don’t comment or disagree with what our doctor says, we’re going to presume you agree with what our doctor said.” I try to avoid this by revoking the medical authorization. If they want to have a real truthful conversation, I’ll be present and it will be recorded!

Insurance companies will also do a background check on you to find out what you own, what bank account you have, and your credit information. I think they do this just find out whether you are living on a limited means and can sustain your lifestyle through their continued denials.

One of the tools in the disability carrier’s insurance bag is surveillance which will be the subject of another posting. Be careful of calls to your home. If you get calls, and the caller hangs up that’s a sure sign of  surveillance. If there’s a strange vehicle down the street, there is surveillance. If there’s an investigator asking your neighbors questions about your activities, there is surveillance.

Don’t put up with it — call the police every time you suspect you are being surveyed.

Another favorite is to schedule you for a functional capacity evaluation by a doctor the disability carrier has selected. Immediately retain an experienced disability attorney as there are things that can be done to either stop the evaluation or make sure that you are protected during the evaluation process. The disability insurance companies hire the same folks for the same results – denial.

Lastly, there is the home interview which will be the subject of a comprehensive posting. Simply put, don’t let them in your house. You don’t have rats in your house — don’t let an investigator in. And, by all means, don’t talk to the claims adjuster. They’re taking notes about what you say you “can” and “cannot” do — they’re not calling to have a social conversation.

An experienced long-term disability/ERISA attorney like Nancy Cavey can help you through this process.

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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FAQ – Appealing the Federal District Court Decision | Hillsborough County Long Term Disability Lawyer

If the Federal District Court denies your case, an appeal can be taken to the United States Circuit Court for the Federal Circuit where the District Court is located. For example, appeals from district courts in Florida, Georgia and Alabama are taken to the 11th circuit Court of Appeals which is located in Atlanta, Georgia.

And appeal is just that – an appeal. You don’t get a trial.

Te Federal Circuit Court looks at the record and the District Court’s decision. It is difficult to prevail on appeal because the ERSIA deck is stacked against you. The standard of review on appeal makes it difficult but not impossible to prevail.

Please remember that appeals are expensive and can take between one to two years.

The lawyers file what are called briefs which is summarized the facts, the law, and why the court was wrong. More often than not, the Appellate Court makes a decision without argument by the attorneys. They make a decision based on the record and the briefs.

Sometimes there is an oral argument. The attorneys will travel to the federal circuit court and have 15 minutes per side to argue their case in front of a panel of judges. You don’t know who’s on the panel until several days before the oral argument. It’s difficult to predict what the court will do without knowing who’s on the panel.

The Court normally renders a decision within 60 days of the oral argument.

That decision can be appealed to the United States Supreme Court if certain requirements are met and, of course, the Court decides to hear your case. Very, very few cases get to the Supreme Court each year involving ERISA cases.

It is better to try to avoid this by making sure you retain an experienced ERSIA disability Attorney, such as Nancy Cavey, to prepare your long term/ERISA claim denial appeal properly.

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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