You Don’t Have to Be a Genius to Understand Mediation in a Long Term Disability Case

If your long term disability claim has been denied and you file a lawsuit in Federal Court will be required to attend a mediation.Mediation Genuis Long Term Disability

What is a mediation? The court will appoint or the parties will agree that a neutral third party, called a mediator, will bring the parties together in an effort to reach an agreement for settlement of claim for back benefits or even a settlement for your entire long term disability claim.

Remember, the mediator isn’t a judge and doesn’t have the authority to say that you win or lose, only you and the long term disability carrier can reach an agreement about settlement.

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

Chronic Fatigue and Immune Dysfunction Syndrome

Co-Cure ME/CFS & Fibromyalgia

Fibro Center

Fibromyalgia Fact Sheet

Fibromyalgia Network

Helping Our Pain and Exhaustion (HOPE)

International Association for Chronic Fatigue Syndrome

Medline Plus: Fibromyalgia

Men With Fibro

National Fibromyalgia Association

National Fibromyalgia Partnership

National Fibromyalgia Research Association

What is Fibromyalgia?

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.

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 @

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