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.

 

If You Don’t Pursue Your Long Term Disability Claim for Multiple Sclerosis Now, You’ll Hate Yourself Later

In the United States there are over 400,000 people with MS and over 200 new cases are diagnosed each week. If you have a long term disability policy you should consider applying for long term disability benefits. MS is a chronic, often debilitating disease that can attack your brain, spinal cord, and optic nerves.

This can cause numbness in your limbs, fatigue, motor weakness, poor balance, heat sensitivity, pain, cognitive impairments, mood disorders and even paralysis or loss of vision.

Unfortunately, as many as 50% of people with MS are unable to work because of their disability. If you have been diagnosed as having MS and have a long term disability policy, you should consult a MS long term disability attorney to assist you with your long term disability application.

If you have applied for long term disability benefits because of disability caused by MS and/or complications and were denied, you should immediately consult with a reputable MS long term disability lawyer. Why? You will have 180 days from the date of your denial in which to appeal the denial of your MS long term disability claim. Regardless of how strong your physician supports your claim, you will need to the assistance of a qualified MS long term disability attorney to assist you in the claims and appeal process. If you don’t, you will hate yourself later when the time for the appeal of your denial has lapsed.

Your MetLife Long Term Disability Claim and Social Security Benefits | MetLife Disability Benefits Denied Lawyer

Hartford Insurance Company about MetLife Questions and AnswersMetLife has written an interesting article that has some basic overviews of Social Security questions and answers. While the information is helpful, you need to understand that MetLife requires you to apply for Social Security Disability benefits as part of your Long Term Disability claim. While they try to explain the benefits as to why you should apply for Social Security Disability benefits, they really don’t make is clear that your Long Term Disability benefits will be reduced by MetLife once you’ve received Social Security Disability benefits. They also recommend that you call MetLife to discuss hiring an attorney to represent you in the Social Security Disability case, be sure that they will refer you to an attorney or claims representative that has MetLife’s interests at heart and not yours!

At Cavey and Barrett we believe that you should have a private attorney represent you for your Social Security Disability and Long Term Disability case to make sure that your benefits are properly protected. To schedule a complementry consultation about your Long Term Disability claim, call us at 727-894-3188 today or fill out the form located HERE to be contacted as soon as possible.

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.”

Mistake 16 – Restrictions and Limitations – Shopping | Indian Rocks Long Term Disaibility Attorney

If you are claiming long-term disability benefits, I hope you’re not “shopping till you drop.”

The ERISA/long-term disability insurance company will ask you questions on the activities of daily living form about shopping:

*  Are you able to go shopping?

*  Grocery store? Mall? Wal-Mart type store?

*  How long do you shop at one time? Do you take breaks? How long are your breaks?

*  Do you visit more than one store in a single shopping trip?

*  Do you have to break up your shopping trips into multiple short errands?

There are no absolute answers. A long term disability applicant will probably have good days and bad days that will depend on the nature of their disabling condition, side effects of medication, and their activity level. Give your answers to these kinds of questions in a range.

You may be able to go shopping but have to use a shopping cart for support. You may have to stop and sit down. You may have to break up your trip. Your shopping may depend on how much walking is involved.  On a good day, you might be able to visit more than one store to pay for it the next day with increased pain. You might start out with a good day, and then pain or fatigue will strike and you have to come home.

We all have to shop and just because you do, doesn’t mean you’re not disabled. You probably don’t have a typical day and in completing your claim for long-term disability/ERISA benefits make sure that comes through in any activity of daily living form you’re asked to complete.

At Cavey and Barrett, we’ve seen, long-term disability carrier’s try to twist what you say about your activities of daily living to deny your claim for long-term disability benefits. Have your Activities of Daily Living Form reviewed by an experienced ERISA disability Attorney like Nancy Cavey, before you submit it to your long-term disability carrier and make a fatal mistake that will destroy your claim for 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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FAQ – What is the definition of disability? | Tampa Long Term Disability Lawyer

I have two teenagers, and when I asked them a question the answer always seems to be “it depends!” Doesn’t that just drive you nuts?

Sorry, I’m going to drive you nuts in answering this question.

You would think the insurance companies who are in the business of writing disability policies could come up with a simple definition of disability. Think again …

Let’s start with wikipedia’s definition of disability:

“A disability is a condition or function judged to be significantly impaired relative to the usual standard of an individual or their group. …”

Okay, let’s look at your disability policy. How does your policy with its fancy cover define “disabled?” You might language that says “disability” means: “the inability to perform the material and substantial duties of your regular occupation due to your sickness or injury, and if you have a 20% or more loss in your indexed earnings to do that sickness or injury.”

You need to go searching for a definition of ” material and substantial”, “regular occupation”, ” sickness or injury” and “indexed earnings”.

Your employer told you, when you bought the policy, that you were buying a disability policy that would pay you disability benefits when you are unable to work. That’s not what this policy says.

Do you know the definition of “disabled” is in your policy? Do you think you need to know what “material and substantial” means and how it applies in your case? Do you think you need to know what “your regular occupation” is as defined by the policy? By the way, did you change your job to continue to work despite your disability? Is that your regular job, or is it the job you are doing at the time you became disabled?

Do you think you require the assistance of a skilled disability benefits attorney? This is a complex area of law that most attorneys simply do not understand. Personal injury attorneys think this is like a personal injury claim or contract dispute over coverage. They can be as uninformed as you.

If you don’t know what the definition of disability is in your policy, you will find it very difficult to meet the appropriate standard and receive the long term disability benefits that you are entitled to as a result of your disabling medical condition. It depends on whether you want to try to represent yourself or whether you want to find an experienced long-term disability attorney, such as Nancy Cavey, to represent you. If you would like help with your case, contact Nancy by clicking here or by calling 727.894.3188.

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Overview of Frequently Asked Questions | Bradenton Long Term Disability Lawyer

You have many questions about your Short and Long Term Disability benefits. There is no uniform long term disability policy in the United States. Every policy is different. The answers provided to frequently asked questions are general in nature. If you would like a full explanation concerning your specific problem, consult an experienced long-term disability attorney.

Please feel free to order your free, no obligation, copy of Attorney Nancy Cavey’s book

“Robbed of your peace of mind? Important information on long-term disability insurance policies, the claims process and how to win your long-term disability benefits”

You can order a copy on the home page of this blog or by going to www.caveylaw.com.

Ms. Cavey can be reached at 727 -894-3188 for a free, no obligation, phone consultation. She handles long-term disability cases nationwide.

Frequently asked questions include:

What is ERISA?

What impact does ERISA have on my claim?

What if I asked for my plan or other documents and I can’t get them?

Okay, I got the plan. Now what does it say?

How do I file a claim?

Will my employer help me with my disability claim?

What does my doctor have to do to help me with my claim?

Are there certain medical conditions excluded from my policy?

What is the definition of disability?

How does the carrier define my occupation?

How much will my benefits be if I get approved?

Are my benefits subject to taxation?

How long will it take for an initial decision?

What if I get a notice of denial letter?

What is the disability claims appeals process?

What seven clauses you don’t want to see in your long-term disability policy?

What are the common mistakes I can make in trying to handle my own disability case?

What happens if my benefits are denied?

What is a Standard of Review and why do I care?

When should I get a disability attorney?

What type of legal services do I need?

I have a limited income. How do I pay for lawyer?

When can we sue the long-term disability carrier?

If there are other questions you’d like answered, use the comment function and send me an e-mail about your questions. I can either answer them online publicly, or we can communicate privately. Don’t be shy about asking questions!

My father became disabled when I was in middle school. He, like you, wanted to be prepared in the event that he became disabled and could not support his family. He purchased a long-term disability policy through USF&G. I remember the monthly trips he made to his doctor, asking for the appropriate long-term disability forms to be completed service benefits would continue. I remember my mother’s fear that the long-term disability benefits will be suspended.

I understand your fears and the unanswered questions you have. I have been there. So, don’t be shy about asking questions, as the purpose of this blog is to help educate you about the ERISA and short term/long-term disability process. I hope you find this information useful.

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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