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.

Are You Making a Mistake as an Orthopedic Surgeon by Continuing to Work After You Have Become Disabled?

Orthopedic Surgeons and Long Term Disability ClaimsMany long term disability policies have what’s called a residual benefit that will pay you disability benefits if you can’t perform your occupation or continue working. There is always a big fight about these cases because long term disability carriers will pretend that performing certain duties are the same as performing your occupation. They will also argue that performing certain duties means that you are not disabled.

Some courts have suggested that the fact that an orthopedic surgeon can do some business duties or the fact that orthopedic surgeons might be physically able to do certain duties, such as performing minor surgeries, is inconclusive evidence that you are entitled to total disability.

It is important that you understand how your long term disability carrier defines occupation. Surgeon’s duties should not be defined by how may surgeries you have performed before you become disabled.

If you are a orthopedic surgeon who is having difficulty performing surgery as a result of a disabling physical condition you may entitled to residual disability benefits on your long term disability policy. Before you make a crucial mistake in filing a claim for residual benefits, contact and experienced ERISA long term disability and individual long term disability attorney such as Nancy Cavey who can help you understand your policies definition and help you plan a strategy to maximize your entitlement to benefits while continuing to work. Ms. Cavey represents orthopedic physicians throughout the United States.

FAQ: My Claim Has Been Denied, but I Can’t Find the Policy Language, What Should I Do?

There is not a uniform Long Term Disability policy in the United States. Every policy is different. Unfortunately, disability claim’s examiners will deny Long Term Disability claims and use the wrong policy information to justify its denial.

At Cavey and Barrett we always check the Long Term Disability plan against the denial letter.

You should always review your Long Term Disability claim denial letter and compare it against the language that is actually in the policy. Not always that the language quoted in the denial letter about what your policy says is, in fact what your policy really says!

At Cavey and Barrett, your Florida Long Term Disability denied lawyers, we verify if the Long Term Disability administrator has utilized the correct policy language in a claim’s denial.  If you have any questions regarding your Long Term Disability policy language or your claim’s denial, contact Nancy Cavey.

FAQ – How much will my Disability benefits be if I get approved? | Indian Rocks Beach Long Term Disability Lawyer

Disability insurance policies normally pay a percentage of your salary. I said “normally.”

Most disability insurance policies do not include overtime or commissions in what is called a base monthly earnings or BME. The starting point for calculating your disability benefits is your base salary.

This is always an issue in disability policies owned by physicians, attorneys, accountants, architects and stockbrokers. These professions may be paid on a bonus basis, partnership earnings, consulting income, sales of property owned by the partners or other salary arrangements.

I have been involved in litigations involving the sole question of how to calculate the base monthly earnings when professionals became disabled. You must know the answer to this question before you decide when to apply for disability benefits and how your benefits are going to be calculated.

I have seen professionals think that certain monies were included in their base monthly earnings only to find out after the fact those earnings were excluded. What a financial disaster!

It’s important to know whether you increased your disability coverage over time or whether your disability insurance company will allow you to increase your disability coverage while you’re disabled. The issue of residual disability benefits will be the subject of another posting.

You should also know whether there is a cost-of-living adjustment that will increase the amount of your disability benefits the longer you are disabled.

Of course, the most important question is, what’s the maximum disability benefits you purchased?

The most dreaded question is whether your disability benefits can be reduced by other benefits paid to you such as Social Security disability benefits, workers’ compensation, or pension benefits. Some policies have a minimum mandatory payment, which means they have to provide you a limited fixed amount of benefits.

For example, you may have a disability policy that pays $2000 in benefits per month. You are eligible for Social Security disability, workers’ compensation or other benefits of $2500 per month. Your policy may say that they can deduct all those monies from your disability benefits. The policy may say that they have to pay you a minimum payment of $100 per month after all those other monies are deducted from your disability benefits.

You better know this before you stop working and apply for disability benefits.

These are the kinds of disability insurance issues at Nancy Cavey will discuss with you. If you like to contact her, please click here or call 727.894.3188.

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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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FAQ – Will My Employer Help Me With My Disability Claim? | St. Petersburg Long Term Disability Attorney

Probably not!

Your employer may be self-funded for short term disability benefits. That means your employer is paying disability benefits out of its own pocket. Self funded employers normally will pay 13 to 26 weeks of short term disability benefits, and then turn your claim over to a long-term disability insurance company. If the monies coming out of their pocket, they may not be so anxious to pay you disability benefits. However, I have seen self-funded employers override the decision of short-term disability carrier and pay benefits out of their own assets.

Other employers have provided you with a short-term and/or long-term disability policy. If you are covered under the disability policy, the policy will be administered by the insurance company or by a third party administrator. Your employer is not involved in the claims handling or decision-making process.

Your employer provided you with a long-term and/or short term disability policy in the event you became unable to perform your job. Some employers will wash their hands of you since you are disposable. Some employers will give the disability insurance company incorrect information about your job duties or work performance in an effort to avoid claims for discrimination or other employment related claims. Other employers will try to have you quit on the wrong day thereby destroying your disability claim

The disability carrier will be asking you and your employer about your job. It is important that you get a copy of your job description and compare that description to what you actually did in your job. I always have my clients write out the description of their job duties and get a copy of the formal job description so we can compare the same.

It may be necessary to get a letter from your employer at some point regarding your inability to do your job or the difficulties that you had doing your job after you became disabled. Your employer may not be willing to give you such a letter but one of your co-employees might be able to do so. If and when you need such a letter will be up to you and your experienced disability attorney.

At the Law offices of Cavey and Barrett, we secure letters or affidavits from your employer or co-employees about the nature of your job, how you performed your job duties before you became disabled, how your job may of been changed as a result of your disability, and what problems you had performing your job after you became disabled. This information must be tailored to your specific circumstances.

If human resources is giving you a hard time, that may hurt your chances to get disability benefits and is yet, just another reason, why you need an experienced disability attorney to assist you in the disability claims process. If you would like to speak with an attorney, you can contact Nancy Cavey by clicking here or by calling 727.894.3188.

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FAQ – How do I file a claim for disability benefits? | Clearwater Long Term Disability Lawyer

Well, that depends on what the summary plan description or disability policy says about when and how you file a claim for disability benefits.

I think that as soon as your physician says that you are disabled, and you agree you’re unable to work, you should file a claim for disability benefits. When should you file the claim?

There is no easy answer to that question, because, again, a summary plan description or policy may tell you when you have to file for disability benefits. If you don’t file your claim for disability benefits at the right time, the disability carrier may say that they don’t owe you any disability benefits, because you screwed up.

I always suggest that the claim for disability benefits be filed in writing on the day you last worked. Get the disability forms from your employer or the disability carrier, complete them, keep a copy and give one to your employer, and send the other copy to the disability carrier certified mail, return receipt requested.

If you don’t have the forms, write out a note that says you are claiming disability benefits, and the date on which you claim you become disabled. Attach to your disability note any supporting medical documentation of your inability to work. Give your material to your employer and asked for a receipt. Send it to the disability carrier certified mail.

The ERISA regulations require that your request for disability benefits comply with the disability plans procedures and rules set forth in the summary plan description for policy. Even if these procedures are burdensome or unreasonable!! You need to try to comply with the rules.

And, by all means keep a copy!

Now start counting the days until you get a response!

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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