Dirty Secrets About Long Term Disability Claims Denials

In the experience of Nancy Cavey, Florida Long Term Disability benefits denied attorney, many long term disability claims are denied unnecessarily.

She has written the go to book: Robbed of Your Peace of Mind that contains valuable information on how to understand your long term disability policy, filing your claim “right” for the first time, and what you need to do if your long term disability claim is wrongfully denied. Each year, millions of dollars in long term disability benefits are denied. Long term disability applicants don’t understand the long term disability claims process and what they need to do to get the long term disability benefits they rightly deserve.

To order your no obligation copy of Robbed for Your Peace of Mind contact the law office of Cavey and Barrett at 727-894-3188, or fill out the form on the right side of this page. We will rush you the book as soon as possible.

Long Term Disability Insurance Check Up | Review Your Long Term Disability Policy

It’s not the most exciting thing you can do in your life, in fact it’s pretty tedious but long term disability attorney Nancy Cavey suggests that you review your long term disability policy. The hours that you spend reviewing your policy can make the difference between being robbed of your peace of mind when you become disabled or actually protecting your family’s income.

Nancy Cavey has written Robbed of Your Peace of Mind, an informational guide, that explains the terms that you don’t want to see in a long term disability policy. Review that report and make sure that you have the right type of policy that will protect you and you family in the event of disability. Click the link or order your copy on the right side of this page.

Use of Narcotic Medication and Your Claim for Long Term Disability Benefits

Long Term Disability carriers can’t shut their eyes to “readily available information when the evidence and record suggest that the information might confirm the beneficiary’s Medical Evidence and Your Long Term Disability Claimtheory of entitlement.” In an interesting decision in Gaither v. ETNA, 394f3d792(10th Circuit 2004), the claimant found Mr. Gaither, was accepted as being entitled to Long Term Disability benefits under the own occupation standards, in part because of the narcotics he was taking as a result of his spinal condition.

ETNA later took the position that he was not entitled to any further disability benefits and chose to ignore medical evidence that the claimant had to continue to use medication which had significant side effects, the court reserved the denial and in doing so pointed out that the administrator didn’t have to pour over a person’s medical records for a possible basis of disability that hasn’t been raised or consider what further evidence might be honorable to make a favorable decision. The court did say that Long Term Disability carrier’s can’t turn a blind eye to the information in the record, that the carrier has a duty to investigate information that confirm your period of entitlement for Long Term Disability benefits.

ETNA suggested that it acts like a judge in a Long Term Disability matter and the priorities bear the responsibility for compiling evidence to support the claim for Long Term Disability. ETNA also argued that they had “little or no responsibility to see qualification even when the evidence suggested the possibility of a legitimate claim,” the court rejected that argument.

If a Long Term Disability carrier like ETNA is handling your case in an adversarial manner, you need the assistance of a Long Term Disability attorney like Nancy Cavey, who helps Long Term Disability applicants or those Long Term Disability ERISA applicants who’s claim has been denied. Nancy Cavey has written a free no obligation consumer guide entitled, Robbed of Your Peace of Mind.”

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.

Are You the Star in the Long Term Disability Claim’s Denial Movie? Surveillance and Long Term Disability Claims

Long Term Disability carriers routinely hire private investigators to conduct video surveillance of you. More often than not Nancy Cavey, St. Petersburg and Tampa disability insurance lawyer, often will see that the report that the video surveillance doesn’t match the actual footage taken or, in some cases is an actual work of fiction.

If your Long Term Disability claim has been denied as a result of surveillance, you need a Long Term Disability attorney. Nancy Cavey requests a copy of your Long Term Disability claim’s file, including the surveillance and the surveillance report.

Nancy Cavey, Long Term Disability denied expert, watches the video tape and makes the record of all the actual kinds activity and an activity log. There are many things that she sees in the surveillance film that is absolutely ignored by a Long Term Disability carrier.

It is not uncommon for the investigator to ignore what’s shown on the surveillance that actually supports your claim for disability.

Of course, the Long Term Disability claim’s adjuster rarely reviews the surveillance tape and relies on the summary for the claim’s denial.

Nancy Cavey has a strategy for dealing with this and handling Long Term Disability claims that have been denied. She:

1. Reviews the videotape,

2. Compares the videotape with the surveillance long,

3. Creates her own cumulative activity log,

4. If necessary, takes the surveillance tape to your treating physician to have them address what is seen in the videotape as compared to their reports and finding about your physical functioning,

5. Gets an affidavit from you and your family about what you were doing and the difficulties that you have on an ongoing basis,

6. As necessary, has the doctor and a vocational evaluator compare what is shown on the videotape, which when showing it is going to get to gasoline, going to the doctor’s office or running errands, and have that comment on how that activity does not translate into the ability to work.

Let’s face it, activities such as walking a dog, shopping, having lunch, running errands doesn’t mean that you can do that activity on a sustained basis or that that is the equivalent of work or in fact has any relationship to the material duties of your own occupation.

If you’ve been a star in a Long Term Disability horror flick, contact Long Term Disability Denied Lawyer, Nancy Cavey for assistance in filing your Long Term Disability claim.

Important Fibromyalgia Information Online | Long Term Disability Claim for Fibromyalgia

If you are a Fibromyalgia sufferer who is applying for Long Term Disability benefits here are some important websites that you will help you with your Fibromyalgia:

American Fibromyalgia Syndrome Association

http://www.afsafund.org/

Chronic Fatigue and Immune Dysfunction Syndrome

http://www.cfids.org/

Co-Cure ME/CFS & Fibromyalgia

http://www.co-cure.org/index.htm

Fibro Center

http://www.fibrocenter.com/

Fibromyalgia Fact Sheet

http://www.fmaware.org/site/PageServer?pagename=media_factSheets

Fibromyalgia Network

http://www.fmnetnews.com/

Helping Our Pain and Exhaustion (HOPE)

http://hffcf.org/

International Association for Chronic Fatigue Syndrome

http://www.iacfsme.org/

Medline Plus: Fibromyalgia

http://vsearch.nlm.nih.gov/vivisimo/cgi-bin/query-meta?v:project=medlineplus&query=fibromyalgia

Men With Fibro

http://www.menwithfibro.com/home.html

National Fibromyalgia Association

http://www.fmaware.org/site/PageServer

National Fibromyalgia Partnership

http://www.fmpartnership.org/

National Fibromyalgia Research Association

http://www.nfra.net/

What is Fibromyalgia?

http://www.niams.nih.gov/Health_Info/Fibromyalgia/default.asp

If you are applying for or have been denied Long Term Disability benefits for your Fibromyalgia, call experienced Long Term Disability attorney Nancy Cavey at 727-894-3188 to set up your free, no obligation consultation, at a $350 value, today.

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