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.

 

The Dirty Little Secret about Nationwide ERISA Long Term Disabilty

Nancy Cavey, ERISA long term disability claim denied attorney who practices nationwide, is often asked what the disadvantages of a group long term disability policy are.Secrets about ERISA Disability Benefits

In a recent opinion Flag vs. Ali-Med, Inc., 10-10984-WGY (US District Mass 7310), a Massachusetts Federal Judge quoted an article by renowned author, Peter Stris, author of the “ERISA Remedies and Bad Faith”. Mr. Stris’ article on “ERISA Remedies and Bad Faith” quoted a long term disability insurance company executive’s memorandum who explained the dirty secret about ERISA “the advantages of ERISA [for the litigation defendant] are enormous. State law is prempted by federal law. There are no jury trials, there are no compensatory or punitive damages, the leaf is limited to the amount of benefit in question, and claims administrators may receive a deferential standard of review. The economic impact… from having [disability income insurance] polices covered by ERISA would be significant. As an example, [we] identified twelve claims situations where we settled for $7.8 million in the aggregate. If those twelve cases had been covered by ERISA, our reliability would have been between $0 and $.5 million.”

The dirty secret? Your employer will offer you a long term disability policy, that you think provides you with peace of mind, when, in fact, you should take time, investigate and buy your own individual disability insurance policy. Is it going to cost more? You bet!

But aren’t you aren’t you worth? The long term disability insurance executives honesty tells all doesn’t it?

Florida long term disability attorney, Nancy Cavey, hasn’t written the book Robbed of Your Peace of Mind which talks about the insurance company clauses that you don’t want to see in your long term disability policy.

For a free complimentary copy of her book, click here.

If your long term disability benefit claim has been denied, contact long term disability claim denied attorney Nancy Cavey before you file an appeal – Call 727-894-3188 today.

Are You Making a Mistake as an Orthopedic Surgeon by Continuing to Work After You Have Become Disabled?

Orthopedic Surgeons and Long Term Disability ClaimsMany long term disability policies have what’s called a residual benefit that will pay you disability benefits if you can’t perform your occupation or continue working. There is always a big fight about these cases because long term disability carriers will pretend that performing certain duties are the same as performing your occupation. They will also argue that performing certain duties means that you are not disabled.

Some courts have suggested that the fact that an orthopedic surgeon can do some business duties or the fact that orthopedic surgeons might be physically able to do certain duties, such as performing minor surgeries, is inconclusive evidence that you are entitled to total disability.

It is important that you understand how your long term disability carrier defines occupation. Surgeon’s duties should not be defined by how may surgeries you have performed before you become disabled.

If you are a orthopedic surgeon who is having difficulty performing surgery as a result of a disabling physical condition you may entitled to residual disability benefits on your long term disability policy. Before you make a crucial mistake in filing a claim for residual benefits, contact and experienced ERISA long term disability and individual long term disability attorney such as Nancy Cavey who can help you understand your policies definition and help you plan a strategy to maximize your entitlement to benefits while continuing to work. Ms. Cavey represents orthopedic physicians throughout the United States.

Am I Entitled to Interest on my Reinstated Long Term Disability Benefits?

Reinstated Long Term Disability Benefits

If you live in the 11th 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 11th 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.

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 caveylaw.com or 727-894-3188.

Your Disability Claim Denied Due to Nurses Review! | Tampa Long Term Disability Attorney

Reading a Long Term Disability denial letter can be like reading a bad novel. Nancy Cavey, an expert Long Term Disability attorney based in the Tampa Bay area, will commonly see many mistakes made by Long Term Disability carriers when reviewing denial letters. One the most common involves those claim’s denials based on a medical review by an in house nurse.

Now this will take several forms. Nurses will review medical records and render opinions about your functional capacity. They have no expertise do they? A review preformed by a nurse violates the ERISA regulations. 29cfr section 2560.502-1(h)(3)(i) provides that medical judgments have to be made by “healthcare professionals with the appropriate training and experience in the field of medicine involved in the medical judgment.”

Here in Florida, the District Court in Levinson v. Reliance Standard Life Insurance Company 2000wl193623(S.d.fla.) January 5, 2000, have held that a medical review by a nurse is an inappropriate basis for claim’s denial.

The next mistake that Long Term Disability attorney Nancy Cavey sees is when the nurse summary is given to the in house physician for review. It is not uncommon to see the in house physician or even an outside medical reviewer adopt the opinion of the nurse reviewer. You can always tell that the in house physician or outside medical reviewer has adopted the opinion of the nurse when there was just a summary or without documentation of any additional medical records for review. That is the grounds for argument, if the Long Term Disability carrier has denied your rights for a full and fair review.

If your Long Term Disability claim has been denied as a result of a nurse review, contact Tampa Bay based Florida disability attorney, Nancy Cavey.

Legal Fraud and Long Term Disability Claims Denials | Florida Long Term Disability Attorney

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 11th 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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