Has Your Long Term Disability Claim Been Denied When the Carrier Used the Wrong Expert for Your Medical Condition?

Long Term Disability carriers will routinely have a Long Term Disability claim reviewed by a panel of hired gun medical reviewers. We see these same reviewers time and time again.

One of the most common mistakes Long Term disability carriers make is to use the wrong medical expert for the medical condition that is being claimed. Now that sounds dumb doesn’t it?

The Florida federal regulations, which governs ERISA claim’s handling requires that the Long Term Disability carrier consult with a health care professional that has “appropriate training and experience in the field of medicine involved in the medical judgment,” 29 c.f.r. section 2560.503-1 (h)(iii).

Unfortunately, it’s not uncommon for Long Term Disability carrier’s who are evaluating Fibromyalgia or chronic fatigue cases to use physicians who have no expertise in those areas.

Nancy Cavey, Florida Long Term Disability Denied lawyer, checks the medical and professional background of any health care professional used by the Long Term Disability carrier in a claim’s denial to ensure that the carrier, in fact, used the right expert for your medical condition.

If you believe that the Long Term Disability carrier has denied your claim by using the wrong expert for your medical condition immediately contact Tampa Bay Long Term Disability Attorney Nancy Cavey.

Workers Compensation Benefits and ERISA Long Term Disability Benefits

If you have been involved in a Workers Compensation claim in Florida, you may also be entitled to Long Term Disability benefits if you purchased this policy through your employer.

There is an opportunity to apply for additional compensation benefits.

If you have been involved in a work place accident, Nancy Cavey, experienced Long Term Disability attorney, suggests that you get a copy of your Short Term and Long Term Disability policy. It is crucial to integrate the claims for Short Term Disability and your Workers Compensation benefits. More often than not, employers are self insured for Short Term Disability benefits and it is important that you claim those benefits timely and appeal any denial. If you don’t, then you may not be eligible for Long Term Disability benefits. The interaction of short term, long term and Workers Compensation benefits can be confusing, it is important that you protect your benefits by consulting with a experienced Workers Compensation and disability insurance attorney such as Nancy Cavey, who has practiced Workers’ Compensation law and disability law for over 25 years.

If you have any questions feel free to contact us at 727-894-3188 or www.caveylaw.com.

Disability Insurance Myths | Tampa Bay Long Term Disability Lawyer

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 – The Notice of Denial letter | Pinellas Park Long Term Disability Attorney

Unfortunately, you have gotten the dreaded letter. It is the letter you hoped you would never get — the Notice of Denial letter. What are you going to do next?

I hope you have the sense to retain an experienced long-term disability/ERISA attorney as this is not a do-it-yourself project.

The ERISA regulations require a denial letter to have certain information. It should be understandable, have specific reasons for denial of your claim, refer to specific plan provisions upon which the denial is based, describe any additional material or information you need to submit and why it is necessary, a description of the appeal process and time limits, and your right to bring an ERISA civil action once you’ve completed all the appeals.

However, the reality is completely different. Any denial letter is a cut and paste job and don’t make a lot of sense. Many times the denial letter fails to explain the specific reasons for your denial and the additional information you need to submit. I hardly ever see long term disability carriers explain why you need to submit the information.

You should understand that the most common reasons for denial are based on the long term disability carrier’s argument that you have not submitted objective evidence of your diagnosis, objective evidence of your disability, and objective evidence of a causal relationship between your disability and your inability to work.

You will have 180 days in which to perfect your appeal. DO NOT sent a letter to the long-term disability care saying you want to appeal. Tell the long-term disability carrier that you plan on appealing and then, immediately consult experienced long-term disability/ERISA attorney.

While Cavey and Barrett, based in the Tampa Bay area, represents disability applicants nationwide, Nancy Cavey can help you find an experienced attorney in your area. She can be contacted by clicking here or by calling 727.894.3188.

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