Conclusion – Preparing for Your Statement and Field Visit | Pasco County Long Term Disability Attorney

As you can see, there are least 22 mistakes that you can make if you don’t prepare for your statement or field visit properly. This is not a social visit and the long-term disability/ERISA carrier is not genuinely interested in you or your health. This is a set up–a trap and can be hard to fix after-the-fact.

Most long-term disability/ERISA applicants think they don’t need help in filling out forms or preparing for field visit by the long-term disability/ERISA adjuster or investigator. They think they can do it themselves –and, in fact, many times long-term disability/ERISA applicants really  “do it to themselves” in the naive belief that they don’t need assistance.

While I hope this series of articles on “Preparing for Your Statement and Field Visit” have been assistance to you; you should strongly consider seeking out advice from experienced long-term disability/ERISA lawyer to help you avoid the minefields that exists when the long-term disability/ERISA carrier wants you to fill out forms, take your statement, or have a field visit.

In the words of one of my children’s favorite TV characters, “Danger Will Robinson, Danger Will Robinson!”

My firm, Cavey and Barrett, can help you prepare for your statement and field visit. Contact us at caveylaw.com

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Mistake 7 – Restrictions and Limitations — Standing | Clearwater Long Term Disability Attorney

As part of your long term disability statement about your restrictions and limitations you will be asked questions about your ability to stand. These will include:

1. What is the maximum number of minutes you can stand?

2. What happens after you stand that length of time?

3. What is your pain level when you stand for that long?

4. What symptoms or do you have when you stand for that long?

These are absolute questions but you really can’t give a hard and fast answer. I am sure that your ability to stand depends on whether you are having a good day or bad day, what you may have done the day before, and what medication you might be taking.

Interestingly, what’s not being asked is how you may have to alternate sitting or standing, how problems standing interfere with your ability to function, how long you can stand before you develop symptoms that interfere with your ability to engage in activities of daily living.

Aren’t those kinds of questions more relevant? As you can see, such broad-based questions are open to interpretation by you. Regardless of how you answer this question, make sure you qualify your answer so that you narrow the scope of this question.

Often, the disability insurance company will have surveillance film on you. If you say you can only stand for 15 minutes and they have film of you standing longer, you can be assured they will argue that you are not being truthful to your doctor about your abilities. They will question your doctor’s reliance on your statements about your physical abilities. Don’t fall into that trap.

Don’t be afraid to contact a long-term disability/ERISA attorney like Nancy Cavey to assist you in accurately answering questions about your restrictions and limitations so you can get your ERISA/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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Mistake 5 – Questions About Your Treatment and Medications | Tampa Long Term Disability Attorney

Long term disability adjusters and investigators can read. They know what is in your medical reports and they know what you have said on your Activities of Daily Living forms they ask you to complete every month.

Yet, you will be asked questions about your treatment and medications. I hope that you have a copy of your medical records and that you review them.

If asked about your treatment, politely tell them to review your records. What they’re after is information from you about how your condition has progressed, changed, been impacted by treatment, including medication, and how you are doing generally.

You must show objective evidence of your disability. If you are not recuperating fast enough, the long-term disability carrier is going to refer to statements you made about your condition and argue that your doctor is relying on your subject of complaints to prolong your disability.

The long-term disability carrier’s doctor, who probably no longer treats patients, will refer to some practice manual that says you should recover in a certain amount of time without regard to how your actual condition is progressing.

One of the biggest mistakes I see long-term disability applicants make is failing to explain what medication they are taking, the side effects of the medication, and the impact the medication has on every day functioning. This impact can include dizziness, fatigue, nausea, frequent urination, fuzziness, confusion, irritability, and a host of other side effects.

You must be able to explain what treatment you are getting, how you’re progressing, what impact medication is having on your functioning and recommended treatment.

I assure you that you will be asked about other activities such as exercise, going in the pool, and walking. Make sure that what your doctor has said about these activities has been documented in your chart. You don’t want any questions about whether these activities are within your physical abilities.

You will also be asked about any special equipment you have like canes or scooter.

Less obvious, and often forgotten, is how you sleep, where you sleep, how much sleep you get at one time, whether you have to take naps, whether you get up and down, because you have difficulty sleeping, and how sleepy you are going the course of the day.

An experienced long term disability/ERISA disability attorney, like Nancy Cavey, should be consulted before you agree to give a continuing disability statement. You need to be properly prepared and have someone present, much like a deposition, to protect your rights before giving a continuing disability statement.

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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Mistake 1 – Giving a Statement Without Representation | Spring Hill Long Term Disability Lawyer

The long-term disability/ERISA carrier has asked for you to give a statement. What are you going to do?

First, as previously recommended, you really do need to retain an experienced long-term disability/ERISA attorney like Nancy Cavey.

They want to take your statement for the sole purpose of catching you in a trap that they are building for the purpose of terminating your benefits or forcing you to sell your case cheaply.

Most likely, they already have surveillance film on you. They want to try to catch you by having you say that you can engage in activity that is different than what they have filmed you doing.

After the adjuster takes your statement, they will spring the surveillance film on you.

Mistake 1 is giving your statement without being represented. You need to be prepared for this statement. That will involve reviewing all of your medical records so that you know what the doctors have recorded about your complaints, and what doctors have said about your physical abilities.  It will also involve a review of the Activities of Daily Living forms that you’ve completed.

We have a video that we have our clients watch about statement preparation, so that you understand the process, what you’re going to be asked, and how to properly and actually answer the questions you’ll be asked.

Nancy Cavey also requires that any statement be done in a neutral place and that it be videotaped. I’ve seen too many summaries by insurance company investigators that were self serving and completely inaccurate.  It’s hard to challenge the accuracy of a summary if you don’t have a contemporaneous videotape of what occurred.

Don’t make mistake 1- Giving a Statement without Representation!

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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