Social Security Subpoenaing Medical Records

The Social Security Administration can issue a subpoena for your medical records upon written request to the administrative law judge. While this is rarely done, the administrative law judge does have the power to issue subpoenas.

At Cavey & Barrett, we feel that the administrative law judge should not have to exercise that power because we submit all relevant medical records from your treating physician to the administrative law judge when making the determination of your entitlement to Social Security benefits.

If you have any questions regarding your rights to Social Security Disability benefits, contact Social Security Disability attorney Sharon Barrett, your St. Petersburg based Social Security Disability attorney at www.caveylaw.com or give her a call at 727-894-3188.

Denials of short and long-term disability claims

It wasn’t uncommon in the 1980s for disability insurance companies to try to outdo each other by writing very liberal policies that favored the insured consumer.

The long-term disability carriers were going after the growing market for professional disability coverage because of the huge premiums. Unfortunately, they ended up paying out more in claims because the policy language was so liberal. We have seen over the last several years, particularly with the worsening economy, an increase in the number of claims denied.

If you file a disability claim, you should expect to be denied because most carriers know that people whose benefit claims have been denied will go away.

At Cavey & Barrett, we urge you to keep fighting. We can assist you in getting your medical records, talking to your physicians, and getting documentation from your physicians explaining how you meet the long-term disability policy’s requirements to be eligible for benefits.

If you retain an attorney who represents plaintiffs in ERISA cases, the chances are that you will obtain your benefits.

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

Am I entitled to Social Security Disability benefits for Depression?

If your doctor has diagnosed you with depression, you may be eligible for Social Security Disability benefits. However, not all doctors are willing to support a claim for Social Security Disability benefits because they think it’s better for people who are depressed to work rather than to collect disability benefits.

If your doctor will not support your claim for Social Security Disability benefits as a result of depression, it may be necessary to change treating physicians.

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

Does my employer have to offer me COBRA?

Employers with 20 or more employees are required to provide COBRA.

You must have been enrolled in your employer’s health plan at the time you leave your job.

COBRA allows former employees and their dependents to keep the group health coverage for 18 months after employment ends.

If it is determined that you are disabled by the Social Security Administration, there is an additional 11-month extension.

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

What’s the Family Medical Leave Act?

The Family Medical Leave Act lets workers take up to 12 weeks of unpaid leave each year without losing their job. However, to be eligible for the Family Medical Leave Act you must show that there is a serious health condition that you suffer from or that you are caring for an immediate family member who has a serious health condition. When you are on FMLA your health insurance benefits must continue.

The FMLA only applies to employees of private companies that have 50 or more employees who work within 75 miles of the employer’s work-site. You need to have worked for the employer for at least a year and you need to have worked at least 1250 hours during the 12 months immediately prior to your leave.

Employees who work for public agencies or public or private elementary or secondary schools are eligible for the FMLA regardless of the number of employees.

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

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