Mistake 21 – Work Accommodations | Sarasota County Long Term Disability Lawyer

You might still be working but are disabled. If so, you will be asked about work accommodations you or your employer are making. Are you working from home? Have your hours or days been reduced? Do you change positions or even use special equipment? Are there changes that just can’t be made to help you work? Do you have good days and bad days? Are your good days predictable? Can you sustain activity or do you have to pace yourself — stop or start when you can’t go on?

Does your pain interfere with work? Does pain cause problem with concentration or do you have side effects of medication? Explain how this interferes with work and how your employer can or can’t accommodate you.

Explain this in your Activity of Daily Living form so your long term disability/ERISA carrier understands what ability you have, if any to work, and what accommodations are needed to help you work.

If you need assistance with your long term disability/ERISA disability claim or Activity of Daily Living forms, contact Nancy Cavey.

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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Mistake 19 – Restrictions and Limitations – Your Daily Activities | Pinellas Park Long Term Disability Lawyer

When you apply for long-term disability benefits I’m sure you never thought you’d have to explain what you did inside and outside the house. What does that have to do with your inability to work?

Well, long-term disability carriers like to compare your complaints to your doctor with what are able to do around your home to see if there are any inconsistencies. They’ll also use your responses to put surveillance on you see if you are telling the truth. Their version of the truth doesn’t always match up with reality

A  long-term disability Activity of Daily Living Form will ask questions about both the inside and outside activities.

In regard to your inside activities you will be asked about cooking, cleaning, use of the microwave, laundry, dusting, and other household activities. I am sure that you have difficulties doing these things because of your pain, limitation of motion, or other problems associated with your disabling condition. You may have to break up these tasks or have someone help you. You may no longer cook meals and rely on the microwave. You may have hired someone to clean your house.

The activities of Daily Living Form will ask you what you’re able to do outside of the house such as driving,  taking out the garbage, gardening, weeding, or cutting the lawn. Just make sure that what you’re doing is consistent with the restrictions that your doctors placed upon you. You might have to pace yourself or even have assistance.

Give a broad answers to these questions explaining that your activity depends on how you feel and the side effects of any medication. Make sure you’re treating doctor knows the extent of your physical activity.

For assistance in completing long-term disability/ERISA activities of daily living forms and preparing for a disability statement, contact an experienced disability Attorney, like Tampa Bay lawyer Nancy Cavey to make sure you are prepared for this important event in your long-term disability claim. She can be reached at 727-894-3188.

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Mistake 17 – Restrictions and Limitations – Hygiene | St. Petersburg Long Term Disability Lawyer

Does the long-term disability/ERISA insurance company really care how many times you take a shower or get dressed every day? Of course not!

They ask you questions about your hygiene, not because they care, but to see whether your reported activity is inconsistent with what you’re telling your doctor about your abilities.  A long-term disability/ERISA disability insurance company will ask you the following questions:

*  Do you need help dressing? How often?

*  How long does it take you to get dressed?

*  Do you need help showering?

*  How long does it take you shower?

*  Do you shower every day?

*  Who helps you?

*  What time do you fall asleep?

*  What time do you get up?

*  Have you made any accommodations to your house because of your illness?

If your disability hasn’t resulted in any impact on your hygiene, simply say so. However, if you have difficulty bending, stooping, twisting questions about your hygiene may be relevant. You may need help putting on your socks or shoes if you have a back injury. You may have trouble getting in and out of the shower if you had a stroke.

Don’t be afraid to detail the problems were having with dressing, showering, sleeping, or accommodations you’ve had to make to your home. I would suggest that you advise your treating physician, in writing, all those problems, so they’re documented in your file. That way, there won’t be any inconsistencies between what your doctors records provide and what you are telling the long-term disability/ERISA disability carrier.

It’s important that the Activities of Daily Living form you complete in support of your long-term disability claim be consistent with your medical records. Nancy Cavey, an experienced ERISA long-term disability attorney, strongly recommends that you get a complete copy of your medical records from your treating physician before submitting your claim and supplementing your medical records with information about your Activities of Daily Living so there aren’t inconsistencies that the long-term disability/ERISA disability insurance company can seize on to deny your claim.

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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Mistake 14 – Restrictions and Limitations – Driving | Lakeland Long Term Disability Lawyer

The Long Term Disability insurance company will, undoubtedly, asking lots of questions about your ability to drive in the Activities of Daily Living Form you are asked to complete as part of your long-term disability claim.

At Cavey and Barrett, a St. Petersburg-based long-term disability firm, we often get questions about how to fill out the Activities of Daily Living forms. You’ll be asked the following questions by your long-term disability carrier in regard to your driving:

* How long can you drive?

* Why do you have to stop? Is it because of fatigue? Medication? Concentration?

* How long can you ride in a car as a passenger?

* Short distances? Run errands? Doctors appointments?

* Rely on others to drive?

* Do you pump gas?

You will also be asked questions about whether you own a vehicle. These questions will include:

* Do you own a car?

* How often do you drive it?

* Do you have difficulty getting in and out of the vehicle?

* Do you experience pain getting in and out of your vehicle?

Be careful how you answer these questions. Of course, you must be truthful and not exaggerate your difficulties. I suggest that you explain that you have good days and bad days, and that your ability to drive this impacted by your pain, fatigue, and medications.

Explain that you pace yourself and, perhaps, even break up your errands over several days. Perhaps you don’t take your medication as schedule to allow you to run errands. Answer these kinds of questions using ranges and not absolutes.

It isn’t uncommon for the long-term disability carrier to place surveillance on you to determine whether your reported activity is inconsistent with what you reported on your Activities of Daily Living forms. You might even want to keep a diary of what you do during the course of the day, what medications you take and any side effects you have. etc. I would not necessarily let the long-term disability carrier know you’ve kept a diary of your activities. You can use it as a reference when you fill out the long term disability activities of daily living forms.

If you have any questions about how to fill out these long-term disability claims forms, please feel free to contact Nancy Cavey @ Caveylaw.com

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Mistake 12 – Restrictions and Limitations – Concentration | St.Petersburg Long Term Disability Lawyer

You’ve gotten another Activity of Daily Living Form to complete, and it seems like you just did one a week ago.

Do you have problems with concentration because of pain or side effects of medication? Are you claiming your disabled because of those problems?

Many jobs require a high level of concentration. You simply may not be able to work because you can’t concentrate on your job duties. How is a long-term disability carrier going to determine whether or not you’re just saying that just to get your long-term disability or ERISA benefits?

Well, for starters, the adjuster or a nurse for the long-term disability carrier will call you. They will try to determine, based on that conversation, what problems, if any, you’re having with concentration. You’ll be asked whether you can concentrate well, can you focus, are you having problems with your short-term or long-term memory and how often you experience concentration or focus problems. These are all open-ended type questions.

First, and of course, I do not suggest you speak with them as they will misinterpret and misconstrue your conversation with you.

When you fill out the activity of daily living form, I suggest that you speak with your doctor about any problems you’re having with concentration as a result of your pain or side effects of medication, so it’s documented in your medical records. Give the doctor specific examples and make sure that those medical records are consistent with what is being put on your activity of daily living form.

If you’re having problems concentrating, I suggest that you have someone help you fill out the form or that you try to do it a little bit every day and document the fact that you’re doing it in bits and pieces.

Please be aware that the insurance company will have their doctors evaluate your comments about your concentration and ask their doctors, whether problems with concentration is a known complication of your medical condition…

In some instances it may even be necessary to have psychological or neuropsychiatric testing to document the problems you are having with concentration. If you are asked by the long-term disability/ERISA carrier to have that kind of testing you should find an experienced long-term disability/ERISA attorney, like Nancy Cavey, as that is a clear signal that you’re being set up for denial.

If your long-term disability/ERISA claim is denied, medical evidence of problems with concentration can be developed to substantiate your complaints and document how your problems with concentration impact your ability to work. The development of the correct medical and vocational evidence during the appeal-process is crucial to the success of your claim.

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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Mistake 11 – Restrictions and Limitations – Pushing and Pulling | Tampa Bay Long Term Disability Attorney

You will be asked questions about your ability to push and pull by the long-term disability carrier. Why? I personally think these kinds of questions are really related to surveillance. What do I mean?

As I’ve explained, the long-term disability carrier compares your answers to what you reported to your physician and what surveillance shows about your activities. You will be asked questions about your ability to push and pull and give examples. You’ll be asked whether pushing or pulling increases your pain level, and how it increases your pain level.

You might say you can’t push or pull, but the long-term disability carrier may have pictures of you pushing a grocery cart without difficulty or pushing a lawnmower. They might even have pictures of you pushing a broom sweeping off your driveway. You can bet they’ll be taking that information back to your physician and asking whether or not you are capable of working.

You do need to tell the truth about your ability to push and pull. However, you need to explain that you attempt to stay within your physician’s restrictions, that you have good days and bad days, but there are days that you can do more than others. Make sure your answers are accurate and complete to these questions.

If you have any questions about how to fill out your long-term disability carrier’s Activities of Daily Living forms, please feel free to consult Nancy Cavey by calling 727.894.3188 or by visting www.caveylaw.com.

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Mistake 10 – Restrictions and Limitations – Use of your hands | St. Petersburg Long Term Disability Lawyer

Long Disability Carrier’s Activity of Daily Living form may ask you questions about the use of your hands.  These questions are particularly important if you are seeking disability benefits on the basis of such conditions as carpal tunnel syndrome. You can make crucial mistakes in completing your long-term disability forms!

You will be asked, “What is your dominant hand?”

The Activity of Daily Living Form that has been sent to you by the long-term disability carrier has all sorts of questions about what you can and cannot do. The ERISA carrier isn’t really interested about how your disability impacts you every day of your life. They are interested in your answers for the purpose of denying your claim.

If you are claiming disability based on problems with the use of your hands, you will  be asked whether or not you have the full use of your hands and fingers, have problems when you try to open a jar, button a shirt, unlock the door, write, type, or hold a coffee cup.

Think carefully before you answer these questions – think about how you use your hands from the time you get up in the morning until you go to bed at night. What can you do? What can you do with difficulty? How long does it take you to do something requiring dexterity? Do you have to stop or start the activity? What symptoms does it cause? Do you have to use splints or braces? Do you have difficulty with the use of your hands when you bend, twist, or reach with your hands?

And, of course, make sure you explain who filled out this Activities of Daily Living Form!

Take the time to properly think through these answers before you complete the form. If you have any questions about completing the Activities of Daily Living form, consult an experienced long-term disability Attorney like Nancy Cavey.

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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