Podcast

Winning Isn't Easy: Long-Term Disability ®

Business, Education, How To

Nancy L. Cavey, a seasoned attorney with over forty years of experience, explains the complex world of filing for Long-Term Disability benefits. Filing for disability can be a confusing, life changing event, so with her deft expertise, Nancy will guide you through:

- The ins-and-outs of ERISA (the Employee Retirement Income Security Act), which governs group Long-Term Disability claims.

- Information regarding the process and lifespan of a claim, from the initial application to the request for hearing stages.

- Traps and tactics disability carriers (such as Unum, The Hartford, Lincoln, and MetLife) use to hinder or deny your claim, including independent medical evaluations, surveillance, and arbitrary and capricious arguments downplaying the nature of your disability.

- Insights, overviews, and claimant stories regarding disease-specific content (ranging from commonplace ailments such as workplace injuries or accidents, to difficult to diagnose illnesses such as fibromyalgia, multiple sclerosis, and POTS).

- Pertinent news happening in the disability world, and

- Much, much more.

Each episode of our podcast Winning Isn't Easy: Long-Term Disability ® will expose you to invaluable tips and tricks for surviving the disability claims process (a system that is often wrought with pressures and pitfalls designed to encourage you to give up the benefits you rightfully deserve). As the host, Nancy will often be joined by guest speakers who themselves are industry experts, ranging from lawyers specializing in related fields and doctors focusing on the diagnosis and treatment of specific diseases, to our associate attorney Krysti Monaco.

In her late teens, Nancy's father was diagnosed with leukemia. As someone who witnessed firsthand the devastating emotional and financial impact on both individual and family that being disabled and filing for benefits can have, Nancy is not just an attorney, but an empathetic presence who understands what you are going through.

Do not let disability insurance carriers rob you of your peace of mind. As a nationwide practice, The Law Office of Nancy L. Cavey may be able to help you get the disability benefits you deserve, regardless of where in the United States you reside. Remember - let Cavey Law be the bridge to your benefits.

Check out the links below to engage with us elsewhere:

Website - https://caveylaw.com/

YouTube - https://www.youtube.com/user/CaveyLaw

Episodes
232
Releases
Weekly
Typical length
24 min
On air since
2020
Latest episode
21 hours ago

Episodes

232 episodes, newest first

  1. Before You Buy: What to Know About Individual Disability Insurance (With Guest Jamie Fleischner)

    Season 6, Episode 37

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 37 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Before You Buy: What to Know About Individual Disability Insurance (With Guest Jamie Fleischner).

    Your ability to earn an income is your most valuable financial asset, but would your disability insurance protect it if an illness or injury prevented you from working? In this episode of Winning Isn’t Easy, we’re joined by Jamie Fleischner, CLU, ChFC, President of Set for Life Insurance, to explore the fundamentals of shopping for individual disability insurance. We break down when to start looking for coverage, which policy features matter, and what the term “own-occupation” means when it comes to protecting your income. We also examine how your income, health history, and existing employer-sponsored benefits can affect your coverage options, and why individual disability insurance policies may offer protections that workplace benefits do not. This episode highlights common mistakes buyers make when comparing quotes, important policy details to understand before signing, and what information you should have ready when requesting coverage. Whether you’re exploring disability insurance for the first time, evaluating your existing benefits, or looking to protect your future earning potential, this episode offers insight into making informed coverage decisions before you need them.

    In this episode, we'll cover the following topics:

    One - Understanding Your Coverage and When to Buy

    Two - What to Look for Before You Sign

    Three - Getting Ready to Apply

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    42 min
  2. Women’s Medical Issues and Disability Insurance

    Season 6, Episode 36

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 36 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Women’s Medical Issues and Disability Insurance.

    Women’s health conditions can create unexpected challenges when applying for disability insurance or seeking benefits, as pregnancy complications, fertility issues, and breast health concerns can affect coverage in ways many women may not anticipate. In this episode of Winning Isn’t Easy, we explore how conditions such as gestational diabetes, high-risk pregnancies, postpartum depression, PCOS, infertility, and abnormal mammograms can impact disability insurance eligibility and claims. We examine how insurers evaluate medical histories, and why policy exclusions, pre-existing condition clauses, and policy riders can influence your ability to collect benefits. This episode breaks down the importance of understanding your policy, asking the right questions, and recognizing potential coverage limitations before health issues arise. Whether you’re considering disability insurance, planning a pregnancy, managing a reproductive health condition, or preparing for a potential claim, this episode offers insight into protecting your coverage and understanding how women’s health can affect your fight for benefits.

    In this episode, we'll cover the following topics:

    One - Pregnancy, Fertility, and Disability Insurance

    Two - Reproductive Conditions That Can Affect Disability Insurance Coverage

    Three - Breast Health, Mammograms, and Disability Insurance

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    24 min
  3. Winning (Or Losing) Before Your Claim Even Starts

    Season 6, Episode 35

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 35 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Winning (Or Losing) Before Your Claim Even Starts.

    A disability insurance claim can be won or lost before you become disabled, as mistakes made when applying for coverage can create serious challenges when seeking benefits. In this episode of Winning Isn’t Easy, we explore how material misrepresentations on an application, statements made during the sales process, and overlooked policy provisions can impact your ability to collect disability insurance benefits. We examine how insurers may use application errors to rescind an entire policy, and why honesty and diligence when purchasing coverage matter. This episode breaks down the importance of reviewing your application carefully, understanding the terms of your policy, and recognizing how ERISA provisions governing the standard of review can influence your chances of success after a denial. Whether you’re considering disability insurance, already have a policy, or are preparing for a potential claim, this episode offers insight into protecting your coverage and understanding why the fight for benefits may begin before you file a claim.

    In this episode, we'll cover the following topics:

    One - Making Material Misrepresentations in Your Disability Insurance Application Can Be Disastrous When You Apply for Disability Benefits

    Two - Can a Disability Carrier’s Misrepresentation during the Policy Sales Process Result in an ERISA Claim or a State Law Claim Preempted by Federal Law?

    Three - The Standard of Review in Eleventh Circuit ERISA Disability and Life Insurance Cases Can Make or Break Your Case

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    21 min
  4. The Fine Print: How Disability Policy Language Can Make or Break Your Claim

    Season 6, Episode 34

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 34 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into The Fine Print: How Disability Policy Language Can Make or Break Your Claim.

    A disability claim can be denied even when a diagnosis is legitimate, the medical evidence is compelling, and the condition prevents someone from working. Sometimes, the outcome hinges on language buried in the policy: what “occupation” means, which duties are considered “material,” how mental health limitations restrict benefits, or whether policy changes alter the rules while a claim is still pending. In this episode, we examine how disability insurers use policy language to defend claim denials, reshape eligibility, and limit benefits in ways claimants may not anticipate. Different provisions. Different consequences. But the same underlying issue: the words that define disability. This episode explores how definitions, exclusions, limitations, and policy changes can determine whether a claim is approved, how long benefits last, or whether coverage is denied altogether. When claimants assume a diagnosis is enough, the fine print can tell a different story. In disability insurance, the language of the policy can matter as much as the condition itself.

    In this episode, we'll cover the following topics:

    One - If You Can Work for Another Employer, Do You Meet the Definition of Disability in Your ERISA Disability Policy? How Standard Insurance Used the Definition of “Normal Occupation” to Justify a Claim Denial

    Two - How “But For” Language in a Disability Insurance Policy Can Overcome a Long-Term Disability Carrier’s Attempt to Improperly Limit the Payment of Benefits by Misusing the Mental Nervous Policy Limitations

    Three - Can a Disability Plan Add a Special Conditions Limitations Provision Limiting the Payment of Benefits for Fibromyalgia When Your Claim Is Pending?

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    21 min
  5. Defined Out of Disability: How Insurers Rewrite Occupation, Time, and Duty to Deny Claims

    Season 6, Episode 33

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 33 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Defined Out of Disability: How Insurers Rewrite Occupation, Time, and Duty to Deny Claims.

    Disability claims aren’t always denied by saying “no.” Sometimes, the outcome changes when an insurer changes what “your occupation,” “your disability,” or “your timeline” actually means. In this episode, three cases demonstrate how those definitions can shape a claim: a neuroradiologist whose vision impairment raises questions about whether his occupation means diagnosis, procedures, specialty, or administrative work; a “successive periods of disability” provision that turns ongoing illness into a question about gaps in time and work activity; and a physician whose specialty is narrowed through certification rules and earnings thresholds until his “own occupation” becomes easier to fit within the policy’s definition. Different illnesses. Different careers. Different facts. But the same underlying move: redefine the terms. This episode explores how disability insurers can shift the goalposts without proving that a claimant is healthy, using occupational definitions, material duties, disability periods, and “own occupation” language to reshape the claim. When those terms are reframed in the insurer’s language, the outcome can take shape before determinations on whether someone is truly disabled.

    In this episode, we'll cover the following topics:

    One - UNUM Terminates the Long-Term Disability Benefits of a Neuroradiologist with Vision Issues

    Two - American Family Life and Successive Periods of Disability

    Three - Standard Used the “Own Occupation” Clause to Deny Diagnostic Radiologist His Long-Term Disability Benefits

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    25 min
  6. Before the Disability Case Even Starts: The Hidden Gatekeeping Tools Carriers Use to Deny ERISA Claims

    Season 6, Episode 32

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 32 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Before the Disability Case Even Starts: The Hidden Gatekeeping Tools Carriers Use to Deny ERISA Claims.

    Before a judge looks at your medical records, your disability claim may already be in trouble - in ERISA cases, issues can begin with questions that have nothing to do with whether you’re actually too sick or injured to work. Coverage, discretionary authority, and the definition of your occupation can determine the outcome of your claim even before a hearing. In this episode, three barriers reveal how disability claims can be shaped before medical issues come into play: an “active service” provision that ends coverage during leave or extended absence, discretionary language that changes how a court reviews the insurer’s decision, and an occupational definition that can transform the work you actually performed into different work on paper. Even discretionary authority may fail to protect a decision when the wrong entity makes the determination. And when a claim reaches vocational analysis, labor market surveys and occupational classifications can redefine the physical and cognitive demands used to decide whether you can work. This episode explores how coverage rules, discretionary authority, and occupational framing function as filters in ERISA disability litigation, why these issues can matter before medical evidence is weighed, and how the structure of a disability plan can shape the outcome from the beginning.

    In this episode, we'll cover the following topics:

    One - The “You Weren’t in Active Service, so We Don’t Have to Pay You” Tool in the Disability Carrier’s Denial Toolbox

    Two - Reliance Blows Grant of Discretion in Breast Cancer and Fibromyalgia ERISA Disability Claim

    Three - Games Disability Carriers, like Liberty, Play in Determining a Policyholder’s Own Occupational Job Requirements, and Using Faulty Labor Market Surveys to Deny an ERISA Disability Claim

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    35 min
  7. Prove It or Lose It: How Objective Evidence and Occupational Definitions Decide ERISA Disability Cases

    Season 6, Episode 31

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 31 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Prove It or Lose It: How Objective Evidence and Occupational Definitions Decide ERISA Disability Cases.

    You can be in real pain, under real medical care, and still lose your disability claim because you can’t prove your disability in the exact language the policy requires. In ERISA cases, disability is a contractual concept, shaped by terms like “own occupation,” “material duties,” and “elimination period.” Those definitions don’t only determine eligibility - they determine what evidence matters. In this episode, three different claims (a surgeon with post-accident back pain, a financial executive with multiple chronic conditions, and a nurse facing progressive impairment) reveal the same problem: insurers and courts focus on whether the medical record objectively documents functional limitations tied to occupational demands, not subjective complaints. Under ERISA’s deferential standard of review, that distinction can be decisive. When the evidence doesn’t clearly establish functional inability in the language of the plan, a denial may be upheld even when the claimant’s condition is genuine, and another conclusion might also be reasonable. This episode explores the gap between being medically impaired and proving disability, why functional and objective evidence matters, and how the terms of an ERISA plan can shape the outcome of a claim. In disability litigation, you have to prove it in the way the policy requires.

    In this episode, we'll cover the following topics:

    One - Denial of Anesthesiologist’s Disability Claim Because of Back Pain Upheld Due to Lack of Objective Evidence of Disability

    Two - Director of Financial Operations Denied Own Occupation Benefits by Guardian Life Because She Did Not Prove She Was Disabled During the Elimination Period

    Three - Michigan Federal Court Overturns Unum’s Claim That Policyholder Had Significantly Improved and Could Return to Her Gainful Occupation as a Clinical Nurse

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    25 min
  8. What Every Attorney Needs to Know Before They Stop Working (and File a Disability Claim)

    Season 6, Episode 30

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 30 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into What Every Attorney Needs to Know Before They Stop Working (and File a Disability Claim).

    You don’t lose disability benefits when you stop working - you can lose them before that, in how you describe your occupation, what your medical records say, or in the policy language you never read closely enough. For attorneys, the stakes can be higher: the analytical habits that make you effective in practice can sometimes create problems when you’re trying to prove your own disability. In this episode, attorney Nancy Cavey examine what every attorney needs to understand before reducing hours or stepping away from practice, including the differences between ERISA and individual disability policies, why your specialty can matter more than your title, and how carriers evaluate the occupation you actually perform. Through real-world claims, she explores how definitions of “occupation,” “disability,” and the date you stopped working can shape the outcome of a claim. She also examines how attorneys can overanalyze, mischaracterize their own work, or inadvertently create inconsistencies that give insurers reasons to deny benefits. This episode is a practical look at how disability policies are interpreted, how claims are evaluated before they are submitted, and why understanding your policy (and accurately defining your occupation) can make the difference between securing benefits and losing them.

    In this episode, we'll cover the following topics:

    One - What Every Attorney Needs to Know Before They Stop Working and About the Disability Insurance Application Process

    Two - The Five Major Issues Which Must Be Addressed at the Outset

    Three - Attorneys and Disability Claims

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    35 min
  9. Occupational Duties and the Hidden Standards of Disability Claims

    Season 6, Episode 29

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 29 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Occupational Duties and the Hidden Standards of Disability Claims.

    You can have a serious medical condition and still lose your disability claim. In ERISA cases, it’s not just about whether you’re disabled, it’s about how your occupation, medical evidence, and policy language define disability in the first place. In this episode, we discuss three layers that can control the outcome of a disability claim: how occupational duties are defined, what counts as acceptable medical proof, and how courts and insurance carriers interpret an individual’s ability to work. Through real cases, we examine how claimants can lose benefits even when they cannot return to their own occupation, and why the description of an occupation can matter more than the underlying medical condition. These cases reveal how legal standards, medical evidence, and occupational descriptions intersect, and how the meaning of “ability to work” can ultimately determine whether disability benefits are won or lost. This episode offers a closer look at the factors that shape ERISA disability claims and provides insight into why a diagnosis alone may not be enough to secure benefits.

    In this episode, we'll cover the following topics:

    One - Challenging a Disability Carrier’s Denial of Disability Insurance Benefits on the Basis That the Carrier Failed to Consider the Policyholder’s Essential Work Functions

    Two - Does Your FedEx Disability Plan Require That Your Disability Claim “Be Substantiated by Significant Objective Medical Findings?”

    Three - Does an Inability to Do Even Sedentary Work In a Social Security Case Render You Permanently Totally Disabled Under ERISA Plans?

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    20 min
  10. The Hartford Playbook: Surveillance, IMEs, and Claim Terminations

    Season 6, Episode 28

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 28 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into The Hartford Playbook: Surveillance, IMEs, and Claim Terminations.

    Disability benefits are a financial safety net when an illness or injury prevents someone from working. But even after a claim has been approved and benefits are being paid, insurers may continue to scrutinize a claimant’s condition, medical records, and daily activities in search of grounds to terminate those benefits. In this episode, attorney Nancy Cavey pulls back the curtain on what some attorneys call “The Hartford Playbook”, a pattern of surveillance, independent medical examinations, paper reviews, and claim terminations that has repeatedly been challenged in federal court. Through three real Hartford disability cases, attorney Cavey examines how surveillance footage, statements from treating physicians, changes in plan administration, and reviews of years of medical records can become the basis for terminating Long-Term Disability benefits. Together, these cases reveal common strategies insurers may use to challenge claims and the legal arguments that can arise when benefits are placed at risk. This episode offers a closer look at the scrutiny that can continue after a claim is approved and provides insights for anyone receiving or relying on Long-Term Disability benefits.

    In this episode, we'll cover the following topics:

    One - Hartford IME Dooms Residential Treatment Nurse's Claim for Continuing Disability ERISA Disability Benefits - The Triple Tap Defense Game

    Two - What Hartford Did When a Policyholder's Doctor Said "He Was Hopeful the Policyholder Could Return to Work In Six Months"

    Three - Change in Employer and Plan Administrator to Hartford Results in Claim Denial of Benefits After Five Years of Continuous Payment of Benefits

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    22 min
  11. When Life Changes Fast: How to Protect Your Financial Future (With Guest Glen Golish)

    Season 6, Episode 27

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 27 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into When Life Changes Fast: How to Protect Your Financial Future (With Guest Glen Golish).

    Financial planning is often built on the expectation that income will remain steady over time. But when a disability, serious illness, or other unexpected life event disrupts that income, even carefully constructed financial plans can be put to the test. In this episode, attorney Nancy Cavey is joined by Glen Golish, LUTCF®, CFBS®, BSP, to examine how financial planning strategies should adapt when someone transitions from earning a paycheck to relying on Long-Term Disability benefits. Together, they explore financial gaps that can emerge during this transition, the role life insurance and long-term care planning can play in creating greater flexibility and security, and the costly decisions people often postpone until it's too late. This episode explores practical planning strategies and common pitfalls and offers valuable insights for anyone seeking to build a financial plan that can withstand life's uncertainties.

    In this episode, we'll cover the following topics:

    One - From Income Protection to Financial Strategy

    Two - Tools for Financial Protection

    Three - Avoiding Pitfalls and Planning Ahead

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    44 min
  12. ERISA Disability Appeals: What the Insurance Company Hopes You Never Learn

    Season 6, Episode 26

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 26 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into ERISA Disability Appeals: What the Insurance Company Hopes You Never Learn.

    Claimants appealing the denial of Long-Term Disability benefits under ERISA feel overwhelmed by insurance companies that appear to control every aspect of the claims process. Yet, insurers are bound by federal regulations that govern how disability claims must be evaluated, and understanding those rules can make all the difference during an appeal. In this episode, attorney Nancy Cavey takes an in-depth look at the hidden mechanics of the ERISA disability appeals process by examining the tactics insurers commonly use to deny claims and the legal standards that can be used to challenge those decisions. Through the analysis of three recent federal court cases, she explains how claimants can identify insurer strategies, build stronger appeals, and better protect their rights while pursuing the disability benefits they deserve.

    In this episode, we'll cover the following topics:

    One - Title 29 of the Code of Federal Regulations, Section 2560.503-1

    Two - Three Federal Court Cases That Exposed the Insurance Company Playbook

    Three - Building Your ERISA Survival Playbook

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    26 min
  13. Unum Exposed: The Tactics Behind Disability Claim Denials

    Season 6, Episode 25

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 25 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Unum Exposed: The Tactics Behind Disability Claim Denials.

    Claimants pursuing Long-Term Disability benefits face more than the burden of proving they cannot work, as they must also contend with insurers that aggressively scrutinize medical evidence, reinterpret policy provisions, and use procedural tactics to justify claim denials. In this episode, attorney Nancy Cavey examines how Unum evaluates disability claims by analyzing three recent federal court decisions that reveal common strategies used to challenge claims. By exploring these cases, she explains how claimants can anticipate insurer tactics, strengthen their evidence, prepare themselves, and protect their rights throughout the disability claims process.

    In this episode, we'll cover the following topics:

    One - Introduction to 29 CFR and Why It Is Important in ERISA Cases

    Two - A Summary of Three Cases, the Games That Unum Tried to Play, and What the Courts Ruled

    Three - What ERISA Policyholders Can Learn From These Three Cases

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    28 min
  14. When Disability Claims Get Reassessed: Vocational Reviews, DIY Legal Traps, and the Hidden Risks in Building Your Own Case

    Season 6, Episode 24

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 24 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into When Disability Claims Get Reassessed: Vocational Reviews, DIY Legal Traps, and the Hidden Risks in Building Your Own Case.

    Disability claims are often complicated not because a claimant's medical condition improves, but because the standard used to evaluate disability shifts over time. As policies transition from "own occupation" to "any occupation" standards, insurers rely on vocational reviews, transferable skills analyses, labor market assessments, and other tools to argue that claimants remain capable of working despite ongoing functional limitations. At the same time, many claimants attempt to strengthen their claims by interpreting policy language, organizing evidence, or using AI-assisted research without recognizing how those efforts can affect the administrative record under ERISA. In this episode, attorney Nancy Cavey examines how disability claims are challenged during vocational reassessments, why the administrative record (not personal narrative) drives claim decisions, and how well-intentioned self-advocacy can unintentionally affect the outcome. Together, these insights demonstrate that ERISA disability claims are often determined less by how disability is experienced than by how it is documented and communicated through the framework insurers use to evaluate eligibility for Long-Term Disability benefits.

    In this episode, we'll cover the following topics:

    One - How Vocational Reviews Are Used to Terminate Disability Benefits

    Two - The Hidden Risks of DIY Legal Strategy in Disability Claims

    Three - Why Using AI for Your Disability Case Can Backfire Legally

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    24 min
  15. The Burden of Proof: Inside Neurological Disability Claims

    Season 6, Episode 23

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 23 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into The Burden of Proof: Inside Neurological Disability Claims.

    Disability insurance claims involving neurological conditions are frequently misinterpreted as disputes solely over medical evidence, but the outcome often hinges on how symptoms are documented in medical records and how they are interpreted and evaluated under ERISA. Conditions such as migraines, Parkinson's disease, and trigeminal neuralgia can result in profound functional limitations while leaving little objective evidence on imaging or clinical testing, creating opportunities for insurers to challenge the severity of a claimant's disability. In this episode, attorney Nancy Cavey examines three disability cases that illustrate how carriers rely on treatment gaps, reports of improvement, normal diagnostic findings, and perceived inconsistencies in medical records to deny or terminate benefits. She discusses a chronic migraine claim upheld in federal court, strategies for documenting subjective Parkinson's symptoms, and a trigeminal neuralgia case in which a federal judge rejected an insurer's demand for objective proof of debilitating pain. Together, these cases demonstrate that medical records serve as both treatment histories and the foundation of ERISA disability claims, shaping how insurers and courts evaluate eligibility for Long-Term Disability benefits.

    In this episode, we'll cover the following topics:

    One - How to Avoid Having Your Chronic Migraine Long-Term Disability Claim Denied

    Two - Tips on How to Document Dizziness, Vertigo, and Balance Problems in Your ERISA Parkinson’s Case

    Three - Does Trigeminal Neuralgia Qualify as a Sickness or Injury Under a Cigna Disability Insurance Policy?

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    29 min
  16. When the Body Breaks but the Policy Doesn’t Listen

    Season 6, Episode 22

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 22 of Winning Isn't Easy. In this episode, we'll dive into When the Body Breaks but the Policy Doesn’t Listen.

    Disability insurance claims are often presented as questions of medical evidence, but the outcome frequently depends on something else entirely: how a person's limitations are defined, classified, and translated into policy language. The gap between experience and contractual definitions can become especially significant when insurers evaluate complex occupations, subjective symptoms, or functional impairments that do not fit neatly into standardized vocational categories. In this episode, attorney Nancy Cavey examines three disability cases that illustrate how these disputes arise and why occupational definitions often play a central role in claim decisions. She discusses the challenges faced by a river pilot with long COVID symptoms, the importance of "own occupation" language in disability policies, and the difficulties of assessing chronic pain and medication-related cognitive impairments within the framework of vocational analysis. Together, these issues demonstrate that disability claims are rarely determined by medical diagnoses alone. Instead, they reveal how medical evidence, occupational duties, vocational classifications, and legal standards intersect to shape disability determinations, and why understanding that process is critical when pursuing Long-Term Disability benefits.

    In this episode, we'll cover the following topics:

    One - Rolling, Rolling Down the River - How the River Pilot With Long COVID Lost His Unum ERISA Disability Claim

    Two - When Definitions Decide Disability - Why “Own Occupation” Is Often the Real Battleground

    Three - Don’t Let a Disability Carrier or Plan Ignore How Long-Term Opioid Use and Side Effects Can Prevent You From Performing Your Own Occupation

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    24 min
  17. Burns and Long-Term Disability

    Season 6, Episode 21

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 21 of Winning Isn't Easy. In this episode, we'll dive into Burns and Long-Term Disability.

    Burn injuries are often viewed as acute medical events, but their effects can extend far beyond the initial incident. Depending on the depth and severity of the injury, burns can lead to lasting complications such as chronic pain, infection, scarring, contractures, and permanent functional limitations that affect a person's ability to work and perform everyday activities. In this episode, attorney Nancy Cavey examines how burn injuries are classified, how they are treated, and the long-term physical consequences they can produce. She discusses the medical progression of burn injuries, the challenges associated with recovery and rehabilitation, and the factors disability carriers consider when evaluating whether a burn-related condition has become a disabling impairment. Together, these issues illustrate how a burn injury can evolve from a temporary medical condition into a Long-Term Disability claim, and why understanding the medical and functional impact of burns is critical when pursuing disability benefits.

    In this episode, we'll cover the following topics:

    One - What Burns Are (Definition, Types, Causes)

    Two - Symptoms, Complications, and Treatment

    Three - Burns and Long-Term Disability Evaluation

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    22 min
  18. The Technical Rules That Decide ERISA Disability Claims

    Season 6, Episode 20

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 20 of Winning Isn't Easy. In this episode, we'll dive into The Technical Rules That Decide ERISA Disability Claims.

    ERISA disability claims are often decided not only by medical evidence, but by technical policy provisions that many claimants never realize will determine the outcome of their case. Terms that appear straightforward (such as “active employment,” “regular attendance” of a physician, or whether a condition is classified as an “injury” or a “sickness”) can significantly affect eligibility for benefits and how long those benefits will last. In this episode, attorney Nancy Cavey examines three real disability cases that illustrate how seemingly minor policy language can have life-changing consequences. She discusses a physician who unknowingly lost his disability coverage after reducing his work hours, an insurer’s attempt to deny benefits based on its interpretation of a treatment requirement, and a surgeon whose lifetime benefits hinged on the distinction between an accident and an injury. Together, these cases reveal how technical definitions and policy language can shape the outcome of ERISA disability claims, and why understanding these rules before making critical decisions is essential to protecting disability benefits.

    In this episode, we'll cover the following topics:

    One - The Danger of Reducing Your Hours

    Two - What Does the Term “Regular Attendance” Mean in an ERISA Disability Claim and How Disability RMS Weaponized “Regular Attendance” to Deny a Valid Claim

    Three - How the Difference Between the Terms Accident and Injury Can Impact How Long You Get Your ERISA Disability Benefits

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    24 min
  19. When Expertise Isn’t Enough: A Doctor’s Disability Journey With Long COVID (With Guest Dr. Zeest Khan)

    Season 6, Episode 19

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 19 of Winning Isn't Easy. In this episode, we'll dive into When Expertise Isn’t Enough: A Doctor’s Disability Journey With Long COVID (With Guest Dr. Zeest Khan).

    Long COVID has challenged not only medicine, but also the disability insurance system. Insurers often characterize these claims as subjective, difficult to measure, or lacking definitive proof, leaving claimants to navigate a process that can struggle to account for fluctuating symptoms and complex limitations. In this episode, attorney Nancy Cavey speaks with Dr. Zeest Khan, an anesthesiologist whose own experience with long COVID forced her transition from doctor to patient. They discuss how that perspective reshaped her understanding of chronic illness, the realities of pursuing SSDI and Long-Term Disability benefits, the challenges posed by independent medical exams, and why long COVID continues to expose gaps in the way disability claims are evaluated.

    Check out Dr. Khan's website here: https://longcovidmd.com/

    In this episode, we'll cover the following topics:

    One - From Physician to Patient: Identity, Illness, and a New Path

    Two - Inside the Disability Maze: LTD, SSDI, and System Gaps

    Three - Advocacy and Strategy: Navigating Claims with Long COVID

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    49 min
  20. How Claimants Accidentally Destroy Their Own Disability Cases

    Season 6, Episode 18

    Show notes

    Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.

    Welcome to Season 6, Episode 18 of Winning Isn't Easy. In this episode, we'll dive into How Claimants Accidentally Destroy Their Own Disability Cases.

    Sometimes the biggest threat to an ERISA disability claim isn’t the insurance company - it’s the claimant. Missed treatment, inconsistent statements about daily activities, poor documentation, or even filing a lawsuit incorrectly can destroy an otherwise valid case. In this episode, we examine three real disability claims that unraveled because critical rules weren’t followed. We explore how gaps in medical care can violate a policy’s “regular care” requirement, how everyday activities like travel or golf can be used to undermine allegations of disabling pain, and how procedural mistakes in federal court can lead to dismissal before a case is ever heard. These cases show how insurers scrutinize not only medical conditions, but also credibility, consistency, and compliance with policy requirements. We also discuss why tactics such as careful documentation, ongoing treatment, and experienced legal guidance are often essential to protecting disability benefits under ERISA.

    In this episode, we'll cover the following topics:

    One - Why Not Getting Regular Medical Care or Following Treatment Recommendations Can Doom Your Disability Insurance Claim

    Two - Golfing Dooms Chronic Low Back ERISA Disability Claim

    Three - Abraham Lincoln Got It Right! Why Representing Yourself in an Insurance Disability Matter Is Never the Right Move

    Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.

    Listen to Our Sister Podcast:

    We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/

    Resources Mentioned in This Episode:

    LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

    LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

    FREE CONSULT LINK: https://caveylaw.com/contact-us/

    Need Help Today?:

    Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

    Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

    Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

    22 min