Florida Disability Insurance Claims Lawyer
If you have suffered a disabling condition or injury that prevents you from working, you may feel helpless and unsure of how you can take care of yourself and your loved ones. To help people who face these difficult circumstances, the federal government and private companies offer disability insurance. Applying for disability isn’t easy, however, and it’s very common for claims to be denied.
To give yourself a stronger chance of receiving the benefits you need and deserve, connect with Florida disability insurance lawyers at Kennon Law. Our experienced attorneys explain everything you need to know about disability insurance claims, including how to avoid getting denied and what to do if you face delays and other issues.
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Understanding Disability Insurance Benefits
Disability insurance provides income if you’re unable to work. It can replace some of the wages you used to make, sometimes until you reach retirement age. The terms of your insurance policy will dictate the benefits you receive.
Individual insurance is one option. You can independently purchase a policy from an insurance company. It will be unrelated to any coverage you may receive from your employer. This option offers income replacement, usually at an amount you fix at the time of purchase, until you reach retirement age.
There is also Social Security Disability Insurance (SSDI), which the federal government provides. People who have paid sufficient premiums in the form of FICA taxes may be eligible for SSDI benefits, but you must meet specific criteria to qualify.
Many employers provide short-term disability insurance, though you can also purchase it from an insurer yourself. Short-term disability benefits tend to last between three and six months and are meant to provide you with income during periods of temporary disability.
Long-term disability insurance may also be provided by your employer. Most policies cover between 50% and 70% of your income. To qualify, you must meet strict criteria and go through an elimination period of three to six months. If you’re approved, you can receive disability benefits until you reach retirement age.
The Disability Insurance Claim Process
To begin a disability claim, you will first need to write a claimant’s statement. This statement should explain the nature of your condition. You’ll specify when the condition became disabling and describe how it prevents you from working. If you have more than one condition, include them all to paint a clear picture of the issues you’re facing.
As you fill out the claim form, you may see a question that asks whether the injury or condition is work-related. Don’t be scared off by this question. Disability insurance policies should cover health conditions that are not work-related. For work-related injuries and illnesses, you can also apply for workers’ compensation benefits.
If you have private disability insurance, you will also have to provide a statement that clearly describes your occupation and duties. For those applying for disability through their workplace, the employer will prepare this statement.
You’ll also include an attending physician statement. In this statement, your physician will declare that the injury or condition is disabling and offer details on your prognosis.
Once you submit your application for monthly disability benefits, the insurance company will assess it and potentially ask for more information. Short-term disability insurance claims do not typically take long to process, but long-term disability insurance claims can take up to 90 days.
If you receive a claim denial, you will have the chance to appeal. You will likely have 180 days to file this appeal.
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Working With a Disability Insurance Attorney
If you’re getting ready to go through the claims process, consider discussing your concerns with Florida disability insurance lawyers. Your lawyer can handle most of the paperwork, which makes filing a claim much simpler. They also know what evidence can better persuade a company that you deserve benefits.
Most insurance companies are prompt in their assessment of these claims, but if there’s a delay, your disability insurance claims lawyer can quickly intervene. Additionally, your lawyer will know the ins and outs of disability insurance law, so they will be ready to handle the appeals process if your claim is denied.
Common Challenges in Disability Insurance Claims
One very common problem that arises when filing for disability insurance is a lack of documentation. This is an issue for many long-term disability claims.
Insurance companies generally require medical records, physician statements, and treatment histories. Too often, claimants submit these documents in such a disorganized fashion that the insurance company cannot find the information it needs. That’s why it’s important to keep your application organized, including any supporting documentation.
Pre-existing conditions can also complicate a claim. Your policy might have an exclusion that could prevent you from receiving the payments you need. If you have any pre-existing conditions, consult with a disability insurance claims lawyer to determine whether the language in your policy could affect your disability claim.
Insurance policy language is complex and can easily lend itself to misinterpretation. A number of terms have slightly different meanings from one disability insurer to the next, too. You could prevent confusing problems and better understand your disability insurance benefits by asking an attorney to review your policy.
Disability Insurance Company Tactics
Sometimes, disability insurance companies try to delay or deny valid claims. One tactic they might use is to question your functional capacity. The company may challenge the severity of your disability by saying that it does not affect your ability to perform everyday tasks or carry out your job duties.
It may also require that you undergo an independent medical examination. The problem is that when an examiner works for the insurer, they may be biased in favor of the company.
Another tactic is cherry-picking medical information. The person who handles the claim may highlight data that speaks to what you can do while ignoring what you can’t.
An insurer may even contact your doctor and speak with them without leaving any record of the conversation. Your doctor may be caught off guard and not have all of the pertinent information on your case on hand, or the insurance company may misinterpret what they say. That is why our disability insurance attorneys recommend all communications be in writing.
A major disability insurance company could also use surveillance tactics to deny your claim. This is usually a problem for long-term disability insurance claims. The company might hire an investigator to compare what you do throughout the day with what you stated in your claim and exaggerate any inconsistencies.
Protecting Your Disability Benefits
To protect your right to disability benefits, speak to an attorney about the claim process. Kennon Law can help you gather the right evidence, including thorough medical records.
Some insurance companies will search for any way to deny claims. But even if you receive a denial letter, you can still continue fighting for your benefits. The next step you can take — with the help of an experienced law firm — is to file an appeal.
Appealing a Denied Disability Insurance Claim
It’s common for people who have received a claim denial to immediately file an appeal. Acting promptly is important, but you should take a little time to gather additional information that can support your claim.
Before filing the appeal, take your concerns to a lawyer. With the lawyer’s help, you can request a copy of your claim file and the disability policy or plan. Your lawyer can explain the reasons behind the denial and make sure you meet any deadlines. With enough preparation, you will be in a stronger position when you file your appeal.
Disability Insurance Lawsuits
If your claim has been wrongfully denied and you exhaust your appeals, it may be time to file a lawsuit. A disability insurance lawsuit could help you obtain the benefits you deserve, but these cases are particularly difficult. Long-term disability insurance lawsuits are typically decided by a judge, not a jury, and there are many restrictions on the type of evidence allowed.
During the lawsuit, your disability insurance lawyer can present your case, asking the judge to reverse the insurance company’s decision and grant you the benefits you are owed. However, there is no guarantee of success.
Receive Help From Florida Disability Insurance Claim Lawyers
When you develop a disabling condition or suffer an injury that prevents you from working, you could be entitled to disability benefits. If you’re getting ready to file a claim or if your claim has been denied, you need experienced representation.
At Kennon Law, we offer the assistance that you deserve as you navigate the claims process. Contact our team to speak with a disability insurance claims attorney.
FAQs
Learn more about the process of applying for disability benefits and what issues could arise.
What Is Disability Insurance and What Does It Cover?
Disability insurance provides income to people who have suffered disabling injuries or developed conditions that prevent them from working. It covers most common injuries and sicknesses, like paralysis, cancer, and chronic pain. These conditions don’t have to be work-related.
Is It a Good Idea to Get Disability Insurance?
Yes, it may be a good idea to get individual or private disability insurance, especially if you work as an independent contractor and don’t receive coverage from an employer. If anything happens to you that prevents you from working, your insurance benefits can help you maintain your quality of life.
Do You Need a Lawyer to Get Disability in Florida?
You don’t need a lawyer to get disability benefits, but hiring someone with experience with filing these claims can make the process easier and reduce the risk of receiving an unfair denial.
How Long Does It Take to Process a Disability Insurance Claim?
The type of claim will impact how long the process takes. Typically, short-term disability claims take about two weeks. Long-term disability insurance claims, however, can take up to 90 days.
What Is the Difference Between Short-Term and Long-Term Disability Insurance?
Short-term disability will provide you with income while you recover from a temporarily disabling injury or health condition. Long-term disability, in contrast, covers a percentage of your income until you reach retirement age.
Can I File a Disability Insurance Claim if I Have a Pre-Existing Condition?
You may be able to file a claim, depending on your insurer. Some companies will pay out only if you suffer an injury or develop a condition that is obviously unrelated to the pre-existing issue. Additionally, the waiting period before you’re able to apply for long-term disability may be longer than the typical three to six months.
Can I Collect Disability Insurance if I Can Still Perform Some Work but Not My Usual Job?
The answer depends on the terms of your policy. It may also depend on the type of work that you can do. You can ask a disability lawyer about how working will affect your ability to collect benefits.
What Should I Expect During a Disability Insurance Claim Consultation With a Lawyer?
During your initial consultation, you will have a chance to ask questions about the process of filing a claim. Your lawyer will need as much information as possible about your situation, so bring medical records and other documents. If you have filed a claim and received a denial, make sure to bring the denial letter to the consultation, too.
Can I Receive Both Workers’ Compensation and Disability Insurance at the Same Time?
Yes, you might be eligible for both workers’ compensation and disability insurance benefits at the same time, depending on your situation and the type of insurance.
How Can a Lawyer Help if My Disability Insurance Claim Is Being Delayed or Underpaid?
Your lawyer will contact the insurance company on your behalf to get a full explanation of why there’s been a delay. If your claim is underpaid, however, it may be necessary to file a lawsuit against the company. At Kennon Law, our team of attorneys can help you gather evidence and represent you in court, if needed.
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