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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Mistake 3 – Handling Questions About Your Medical Condition | Bradenton Long Term Disability Lawyer

When the insurance adjuster or investigator comes to take a continuing disability statement they are going to ask you questions about your “disabling condition” and your “symptoms.”

Now, I find that rather silly. You have been filling out statements about your condition on a regular basis and the carrier has probably had your physician fill out forms at least once every three months. Can’t the disability adjuster read?

You probably haven’t seen what your physician has said in the your medical records or how they fill out the forms. The long-term disability carrier is trying to catch you complaining of different disabling conditions than you’re claiming or which are being discussed in your medical records. One of the reasons to have an attorney present is to review all the forms and medical records so you know what’s in them.

Symptoms are the things you are complaining of or present with on examination. Why are you asked questions about your symptoms? To compare what you said on your statements with what your doctor has recorded.

More importantly, the questions about symptoms are a prelude to asking about what you can and cannot do. The carrier wants to see whether your complaints about symptoms and your physical activity is consistent with what is reported in your doctor’s notes, whether that’s consistent with your diagnosis, and whether that’s consistent with any surveillance they have on you.

If you say your symptoms prevent you from lifting, bending, or stooping because you have constant back pain, and they have film of you, stooping and lifting boxes or bending at the waist repetitively, you’re in trouble.

I suggest you consult with long-term disability Attorney Nancy Cavey, who can prepare you for handling questions about your medical condition and symptoms.

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 2 – Letting the Disability Rats Visit Your House | Brandon Long Term Disability Attorney

You’ve gotten a call from the long-term disability/ERISA adjuster saying they want to do a field visit at your house.

This is not a social call and they are not coming to wish you well.

They, most likely, already have surveillance film of you. They want an opportunity to take your statement about what you can and cannot do. They will ask you about what you do around your house or your yard. They will comment on how nice your house or your yard looks trying to get you to talk about what you do to maintain your residence.

Once they take your statement or have the field visit, they will spring the surveillance on you!

Do you let rats in your house? Of course not! Then don’t let the disability rat visit your house.

I never allow field visits by long-term disability/ERISA adjusters or investigators.

I will only allow statements to be taken at a neutral place, such as a court reporter’s office, or my office.  Please realize that they will put surveillance on you to film you from the time you leave your house to the time you return on the day you are scheduled to give a statement or have a field visit. They may even have surveillance assigned several days before and after your statement or field visit.

You need the assistance of an experienced long-term disability/ERISA attorney, such as Nancy Cavey to prepare you for your statement and field visit so you don’t make crucial mistakes that will jeopardize your long-term disability 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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