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Winning Isn't Easy: Long-Term Disability ERISA Claims

Winning Isn't Easy: Long-Term Disability ERISA Claims

Written by: Nancy L. Cavey
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About this listen

Nancy L. Cavey, a seasoned attorney with over thirty-nine 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 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 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

© 2026 Winning Isn't Easy: Long-Term Disability ERISA Claims
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Episodes
  • The Language of Limitation: Russell Van Brocklen on What Dyslexia Research Teaches Us About Disability Claims
    Feb 17 2026

    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 5 of Winning Isn't Easy. In this episode, we'll dive into The Language of Limitation: Russell Van Brocklen on What Dyslexia Research Teaches Us About Disability Claims.

    Understanding how cognitive and reading challenges show up in real work settings can determine whether a disability claim is fairly evaluated or misunderstood. Too often, Long-Term Disability decisions focus on diagnoses alone, overlooking how processing speed, reading accuracy, memory, and mental fatigue affect day-to-day job performance. Insurers may recognize a condition exists while still concluding work is possible - without fully accounting for sustained cognitive demands. In this episode, we examine what functional limitation really looks like when cognitive challenges are involved. Our guest, Russell Van Brocklen, shares research-driven insights into how reading and processing difficulties affect productivity, accuracy, and endurance at work. We cover three areas: connecting cognitive science to disability claims, translating research into usable claim evidence, and practical takeaways for attorneys, clinicians, and claimants. By the end, you’ll see why cognitive limitations must be evaluated in real-world terms, and why linking science to functional impact is key to protecting Long-Term Disability benefits.

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

    One - Background and Context: Bridging Research and Disability Claims

    Two - Translating Cognitive Science into Claim Evidence

    Three - Practical Insights for Attorneys, Clinicians, and Claimants

    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.

    Show More Show Less
    41 mins
  • Vocational Evaluators and ERISA Disability: How Your Skills and Residual Functional Capacity Shape Your Claim
    Feb 10 2026

    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 4 of Winning Isn't Easy. In this episode, we'll dive into Vocational Evaluators and ERISA Disability: How Your Skills and Residual Functional Capacity Shape Your Claim.

    Understanding how vocational evaluators fit into the ERISA disability process can be the difference between securing the Long-Term Disability benefits you paid for and having your claim unfairly denied. Disability carriers rely heavily on vocational experts, and their assessments often shape claim outcomes - sometimes in ways that don’t accurately reflect a claimant’s true functional abilities. Insurers don’t rely on medical records alone. They analyze residual functional capacity, past job duties, and whether your skills could transfer to other work. If your work history, limitations, or skills aren’t clearly documented, or if your occupation is misclassified, your claim can be delayed, reduced, or denied altogether. Vocational evaluations are especially decisive during the “own occupation” and “any occupation” phases of a claim. Small assumptions or errors in a VE report can have outsized consequences, making it critical to understand how these evaluations work and how they can be challenged. In this episode, we break the process down into three parts: what ERISA claimants need to know about vocational experts and transferable skills, why challenging the carrier’s VE is often essential, and how competing vocational opinions can protect your benefits. By the end, you’ll understand why winning an ERISA disability claim isn’t just about diagnosis - it’s about clearly presenting your functional limits and holding insurers’ experts accountable.

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

    One - What Every ERISA Policy or Plan Holder Must Know About the Role of a Vocational Expert in Their Disability Insurance Claim

    Two - Why You Must Have an Experienced ERISA Disability Attorney Attack the Opinion of the Carrier’s “Liar-for-Hire” Vocational Evaluator in Your Appeal

    Three - The Hidden Battle of Experts - Your Vocational Evaluator vs. Theirs

    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.

    Show More Show Less
    28 mins
  • ERISA Disability Questions Answered: DOT, Sedentary Work, and Unemployment
    Feb 3 2026

    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 3 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of ERISA Disability Questions Answered: DOT, Sedentary Work, and Unemployment.

    ERISA disability claims often raise more questions than answers, and the way those questions are resolved can directly determine whether benefits are approved, delayed, or denied. Claimants are frequently left wondering how their past work is evaluated, what really changes when a claim moves from an “own occupation” standard to an “any occupation” standard, and how skills, limitations, or even outside benefits like unemployment factor into the carrier’s decision-making. While these issues may seem secondary, insurers rely on them heavily to assess whether you meet the policy’s definition of disability. In this episode, we unpack the most common questions that come up in ERISA disability claims. We explain how carriers analyze your work history, what they look for when assessing transferable skills, and how physical and mental restrictions are weighed against potential occupations. We also discuss how vocational evidence, functional assessments, and medical documentation are used together, and why gaps, inconsistencies, or vague information can undermine an otherwise valid claim. Additionally, we break down how other benefits and activities can intersect with your ERISA claim and influence how insurers interpret your ability to work. By the end of the episode, you’ll have a clearer understanding of how ERISA carriers evaluate employability, why certain questions are asked during the claims process, and what evidence matters most. More importantly, you’ll learn how understanding these issues can help you better position your claim, avoid common pitfalls, and protect your Long-Term Disability benefits.

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

    One - The Dictionary of Occupational Titles and Your ERISA Claim

    Two - Sedentary Work and Why It Matters

    Three - Unemployment Compensation and ERISA Disability

    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.

    Show More Show Less
    31 mins
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