Mistake 13 – Restrictions and Limitations – Computer Skills | Tampa Bay Long Term Disability Attorney

Okay–so what do your computer skills have to do an Activity of Daily Living Form that the long-term disability/ERISA carrier has sent to you so you can get your long term disability benefits?

Two things! The first really involves what you do with your time. Can you sit at a computer? How long? Is that consistent with what you put on your form about your ability to sit or your need to alternate positions? How much are going to concentrate? And, of course, are you doing any medical research online about your condition?

The long-term disability/ERISA carrier is looking for discrepancies between what you say you can do and what your reported activity is – it’s like saying you can’t drive, but then driving 100 miles to go to Disney World.

Don’t be naive. Long-term disability and ERISA carriers are trolling the Internet looking at social websites to see if you have a posting, how often you post pictures of what your doing. Take them down immediately!

The second reason you’re asked questions about your computer skills have to do with whether or not you’re capable of working. If you can do is sedentary job sitting at a computer your employable and are no longer entitled to disability benefits.

You are going to be asked about your level of computer skills, whether you can do word processing, whether you use e-mail and how frequently you are on the computer.

Be truthful! But be consistent with the answers that you’ve put on the activity of daily living form about your ability to sit, stand, reach, bend, stoop, alternate positions, use of your hands and concentration. The long-term disability/ERISA carrier is looking for inconsistencies.

Questions about your computer skills are really trick questions. I suggest you consult an experienced long-term disability/ERISA attorney like Tampa Bay – based attorney Nancy Cavey as you answer these questions so that you do not jeopardize your long – term disability/ERISA benefits.

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 – Filing Your LTD/ERISA Appeal | Bellaire Beach Long Term Disability Lawyer

You’ve gotten the dreaded Notice of Denial letter and you are shattered. You can’t believe the long term carrier/ERISA carrier has denied your claim. You think that if you just give them the information they are asking  for they will just pay your claim.

That is very unlikely and wishful thinking on your part.

You will have 180 days following the receipt of the notice of denial to letter to submit your appeal. You should do the following:

1. Consult with an experienced long-term disability/ERISA attorney.

2. Keep the envelope the notice of denial letter came in. Sometimes letters are dated differently than actually mailed and this can make a difference if the plan administrator or carrier refuses to give you additional time to appeal.

3. Write a letter to an administrator asking for a copy of your summary plan description and policy.

4. Write a letter to the disability insurance company asking for a copy of your file cover to cover with adjusting notes, medical records by peer-reviewed doctors that have looked at your file, surveillance reports and any material the carrier has relied on in denying your case. Send the letter certified mail return receipt requested.

5.Review what you get from the carrier. Compare a policy terms to your denial letter and see if they are citing the right policy provisions. Look at the job description they used. Look at the peer review physician reports. Look at the vocational reports.

6. Figure out the real reason they denied your claim and how you’re going to get evidence to rebut the disability carrier’s reasoning.

7. Whatever evidence you get make sure that it specifically addresses the basis of the denial.

8. Submit your appeal letter with your supporting documentation to the own term disability care within 180 days sending certified mail return receipt requested.

While I have outlined the steps you should take, those steps are more complex.

This will be your ONLY chance to get it right. Don’t mess it up. There are no “do-overs.”

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 – The Notice of Denial letter | Pinellas Park Long Term Disability Attorney

Unfortunately, you have gotten the dreaded letter. It is the letter you hoped you would never get — the Notice of Denial letter. What are you going to do next?

I hope you have the sense to retain an experienced long-term disability/ERISA attorney as this is not a do-it-yourself project.

The ERISA regulations require a denial letter to have certain information. It should be understandable, have specific reasons for denial of your claim, refer to specific plan provisions upon which the denial is based, describe any additional material or information you need to submit and why it is necessary, a description of the appeal process and time limits, and your right to bring an ERISA civil action once you’ve completed all the appeals.

However, the reality is completely different. Any denial letter is a cut and paste job and don’t make a lot of sense. Many times the denial letter fails to explain the specific reasons for your denial and the additional information you need to submit. I hardly ever see long term disability carriers explain why you need to submit the information.

You should understand that the most common reasons for denial are based on the long term disability carrier’s argument that you have not submitted objective evidence of your diagnosis, objective evidence of your disability, and objective evidence of a causal relationship between your disability and your inability to work.

You will have 180 days in which to perfect your appeal. DO NOT sent a letter to the long-term disability care saying you want to appeal. Tell the long-term disability carrier that you plan on appealing and then, immediately consult experienced long-term disability/ERISA attorney.

While Cavey and Barrett, based in the Tampa Bay area, represents disability applicants nationwide, Nancy Cavey can help you find an experienced attorney in your area. She can be contacted by clicking here or by calling 727.894.3188.

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