The 15 Long Term Disability Mistakes

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If you have any questions or concerns then give us a call at 727-894-3188 or check out our website www.caveylaw.com.

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 7 – Restrictions and Limitations – Walking | Clearwater Long Term Disability Lawyer

I suggest that when you are rating your restrictions and limitations you use a scale of 1 to 10. Zero is no pain and 10 is excruciating pain that will send you to the emergency room.

This would be where I would start, but you need to come up with your own scale. This scale may be based on your level of pain, your functionality, or your need to take medication. Just make sure that you explain the scale and write it down.

With that in mind, you will be asked about your walking activity:

How much can you walk?

How far can you walk at one time?

How far or how much can you walk before your pain level increases?

How does your pain level increase?

What happens to you when you walk too far?

How much walking do you do in the course of the day taking care of your activities like taking children to school, going to the grocery store, or the doctor’s appointments?

Do you have to schedule you are walking and spread over several days?

Can you walk the mall? How far?

How often do you have to sit down when you take a walk?

Do you walk with a limp? How frequently?

Do you need a cane? Or any other assistive device while walking?

When you go grocery shopping, do you use the cart to help you walk?

Do you carry things when you walk? If so, how much does the object weigh?

Do you have good days and bad days as a result of your walking?

It is important that you think about these questions and your answers so that you can explain what you can and cannot do. You must explain how your activities are impacted by your pain and medications. You must explain good days and bad days.

And, you must never say “NEVER!” “I never walk, I never walk more than a block, I never…” I promise you that the long-term disability carrier/ERISA carrier will have a picture of you doing what you said you never did.

And, you must never say “ALWAYS!” ” I always use a cane, I always walk with a limp, I always…” I promise you that the long-term disability/carrier/ERISA carrier will have a picture of you not doing what you said always did.

Be prepared to answer questions at the continuing disability statement about your walking by being prepared by disability benefits attorney like Nancy Cavey, who can be reached at www.caveylaw.com.

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Mistake 4 – Questions About Why You Can’t Work | Sarasota Long Term Disability Attorney

All right… you let the disability rats in. What they really want to talk about is:

1. How much you can lift?

2. Can you bend at the waist and how frequently?

3. How long can you stand?

4. How long can you sit at one time?

5. How long can you walk at one time?

6. How much can you pull?

7. Do you have any problems with your memory or concentration?

8. Do you have any problems with side effects of medication?

These questions are designed to establish that you are physically capable of doing at least a full-time sedentary, or light work. They will take answers to these questions back to your doctor and ask whether or not, based on your own admissions, you could do full-time sedentary work.  The disability carrier might even identify a full-time sedentary job and ask your doctor if you could do it.

If your doctor says that you can do full-time sedentary work, the long-term disability carrier will stop paying your disability benefits.

Most disability recipients fail to explain, when answering these questions, that their ability to function is impacted by the medication they take, the side effects of medication, and the fact that they have good days and bad days. You often take these questions literally.

Another mistake disability recipients make is to allow the disability carrier to equate your ability to lift, bend, stand, sit, walk or pull at home with the ability to do that activity in the workplace.

Another mistake disability recipients make is to make broad sweeping and generic statements about their abilities. I prefer specific examples of difficulties you have, how your abilities change based on your pain level, side effects of medication, whether you have good days or bad days, and how often.

Yet another mistake disability recipients make is failing to explain how they need to change position, may need to take naps, how their level of functioning on a good day is different from the level of functioning on a bad day, and how long it takes to recover from a bad day.

Obviously, you should consult disability Attorney Nancy Cavey before you give any continuing disability statement or allow a home visit. Failure to prepare can destroy 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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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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