Fort Lauderdale Long-Term Disability Attorney

What Are Considered Qualifying Disabilities?

Qualifying disabilities are generally not easily recoverable and may even be permanent. You will likely need to include a written recommendation from a medical professional that agrees with your assessment that you will be unable to work for months, years, or more.

Disabilities that can warrant long-term disability claims include:

• Arthritis
• Back or spinal injuries
• Brain injuries
• Broken bones or limbs
• Cancer
• Diabetes
• Fractures
• Multiple sclerosis
• PTSD
• Seizures
• Severe mood disorders, including bipolar disorder

What Are the Different Types of Disability Insurance?

Long-term disability policies also generally come in 2 major categories with vastly different levels of protection. Own occupation disability insurance specifically covers your future ability to perform your current job responsibilities.

These policies can entitle you to benefits if a disability prevents you from continuing at your current job, even if you are able to take a different position elsewhere. Any occupation disability insurance protects you if your disability prevents you from working any type of job.

These conditions mean it can be much more challenging to claim benefits. If your long-term disability insurance claim is approved, you will be subject to an “elimination period,” which is essentially a waiting period. During this time, you will not receive benefits. The length of the elimination period can vary, but many long-term disability policies require claimants to wait at least 90 days.

Your policy’s benefit period determines for how long you receive compensation. Many long-term disability insurance benefit periods last for multiple years or even decades. Some policies will even last until retirement. The benefit period can end sooner if you recover from your disability and become able to return to work.

How Workers’ Compensation Differs from Short and Long Term Disability

Short-term disability insurance functions similarly to long-term disability insurance but is intended for situations where a worker can recover within a few weeks or months. These policies will often replace a smaller portion of an individual’s paycheck – generally between 40% and 60% - for a period of 3 months or fewer.

Short-term disability insurance policies are typically less expensive than long-term options and will sometimes be covered by employers. They also have briefer elimination periods, with waits typically only lasting 1 or 2 weeks.

Workers’ compensation insurance is separate from short- or long-term disability insurance and specifically covers on-the-job injuries. Only incidents that occur while a worker is on the clock and performing their job responsibilities are covered by workers’ compensation. Only disability insurance policies can cover injuries that occur outside the workplace or disabilities that prevent you from working.

Why Are Long-Term Disability Claims Denied?

If a qualifying disability legitimately prevents you from performing your job responsibilities under the terms of your policy, there should be no reason why your insurance carrier should deny your claims. Frustratingly, some unscrupulous insurers have a long history of wrongfully denying long-term disability claims, leaving workers without the benefits they need to pay their bills.

Insurers may attempt to deny long-term disability claims for one of several reasons, including:

• Disagreements over the extent of the disability. Each policy will define what constitutes a “disability.” An insurer may argue your condition does not meet this condition or that you are in fact able to perform job responsibilities. They may rely on their own medical professionals to review evidence submitted with your claim. These in-house doctors may disagree with your own healthcare professional’s assessment and argue you are able to work, giving an insurer cover to deny your claim.
• Suspected fraudulent activity. When purchasing a policy, a prospective policyholder must disclose all known medical conditions as well as information about their occupation and hobbies. An insurer will attempt to deny a claim if they suspect the policyholder omitted or misled them at any point during the application process. This justification is often abused by insurers looking for any reason to deny a claim.
• Inadequate evidence. Insurance companies tend to require an exhaustive level of evidence proving the existence and extent of your disability. Even if you provide a recommendation from your doctor and relevant medical records, your insurer may still attempt to deny your claim on the basis of insufficient evidence.

Commonly Asked Questions

What Steps Should I Take if My Long-Term Disability Claim Is Denied in Fort Lauderdale?

If your long-term disability claim is denied in Fort Lauderdale, it's crucial to act promptly. First, review the denial letter for the specific reasons your claim was rejected. Then, gather any additional medical evidence or documentation that supports your disability and inability to work. It's advisable to consult with a Fort Lauderdale long-term disability insurance attorney who can help you understand your policy's terms and navigate the appeals process. Our firm, with over 45 years of experience, is dedicated to assisting clients in these situations and will strive to secure the benefits you deserve.

How Much of My Paycheck Can Long-Term Disability Insurance Cover in Fort Lauderdale?

In Boca Raton, long-term disability insurance policies can cover a varying portion of your paycheck, depending on the plan you choose. While more expensive policies might cover up to 80% of your income, less costly options may provide between 40% and 60% coverage. It's important to understand the specifics of your policy and what it offers in the event of a disability. Our legal team can help review your policy to ensure you have a clear understanding of the benefits you're entitled to.

Can a Long-Term Disability Attorney Help Me With the Appeal Process in South Florida?

Yes, a long-term disability attorney can be instrumental in the appeal process if your claim is denied in South Florida. An attorney with experience in long-term disability claims can help by reviewing your policy, gathering necessary evidence, and building a strong case for your appeal. Our firm has a successful track record of recovering millions for our clients and is committed to providing the legal assistance needed to challenge wrongful denials and fight for your rights.

What Is the Benefit Period for Long-Term Disability Insurance in Florida?

The benefit period for long-term disability insurance in Florida can vary based on the specific policy. Generally, these policies are designed to provide coverage for an extended period, which could be for several months, years, or potentially until retirement age. It's essential to review your policy to understand the duration of the benefits you're entitled to. Our experienced legal team can help clarify these terms and ensure you're prepared for the future.

How Can I Strengthen My Long Term Disability Application?

Strengthening your long-term disability application is critical for an approval. Start by ensuring comprehensive documentation, including medical records and detailed reports from healthcare providers that substantiate your claim. A clear timeline of medical treatment, prescriptions, and any ongoing therapies should be meticulously maintained and presented. Select healthcare providers who understand the nuances of disability insurance assessments to report accurately on your condition's impact on your work capability.

The presentation of your application also matters. Ensuring consistency between your description of symptoms and activities of daily living with medical accounts is crucial. For credibility, avoid overselling your condition; instead, provide a factual depiction of how it limits your work ability. Consulting a knowledgeable Fort Lauderdale long term disability attorney can further bolster your application by preemptively addressing insurer objections and submitting all necessary documentation effectively.

What Should I Do If My Insurer Requests Additional Medical Examinations?

Being asked to attend additional medical examinations by your insurer can be unsettling but is not uncommon. Any such request is typically aimed at validating the severity of your disability. It is essential to comply and cooperate with the examination, as non-compliance can negatively impact your claim. However, always request full written disclosure from the insurer about the examination, including what it entails and why it has been requested.

Keep notes on any interactions you have during these examinations and maintain consistency in explaining how your disability affects your ability to perform job-related tasks. Don't hesitate to bring along a supportive relative or friend to listen in during the appointment. If there are any discrepancies in the medical report post-examination, be prompt and detail-oriented in correcting them on record, with input from your personal healthcare provider if necessary. Legal guidance can ensure that these additional medical assessments are handled gracefully and effectively.

Is There a Time Limit to File a Long Term Disability Claim in Florida?

In Florida, filing a long-term disability claim must be done within certain time constraints which can vary depending on specific policy terms. Typically, insurance plans will define a specific deadline, sometimes known as the 'limitation period,' which dictates the timeframe within which you must commence your claim following the onset of a disability. Delays in filing past stated timelines may result in claim denial.

Understanding these timeframes is essential. Promptly reporting your disability to both your employer and the insurance provider as soon as it begins to impact your ability to work is highly advisable. If you are unsure of your policy's deadlines, referencing both the policy document and consulting with an attorney can clarify the timelines and guide you to meet all required deadlines, preventing forfeiture of benefits eligibility.

Can I File a Long Term Disability Claim While on Other Benefits?

You may be eligible to file a long-term disability claim while receiving other benefits. Coordination and integration clauses are elements within policies that dictate how various benefits interact. For instance, receiving Social Security Disability Insurance (SSDI) or workers' compensation may influence the monthly benefit amount your insurance provider will pay out, commonly known as 'offsetting.' Understanding these clauses can prevent surprises regarding benefit calculations.

Inform your long-term disability insurance provider about any existing benefits you are receiving, as compliance is often mandatory. Despite potentially lower payouts due to offsets, stacked benefits can still provide substantial financial relief. Professional advice from a lawyer familiar with these intersections in Fort Lauderdale can provide clarity and maximize overall benefit retention, aligning all policies to work fortuitively for you.

What Happens If I Can Return to Work Part-Time?

If your recovery allows for a part-time return to work, many long-term disability policies accommodate such situations with a 'partial disability benefit.' This feature can allow for the continuation of some level of benefit payout compensating for the loss of income due to reduced working hours. Doing so often requires thorough evidence from healthcare providers regarding the limitations that enforce part-time work ability.

Transitioning back may also entail detailed income and hours reporting to the insurer, ensuring transparency and continuity of allowable benefits. It's paramount to check how your specific policy defines and applies partial disabilities, as incorrect reporting can lead to complications or ineligibility. With expert guidance, navigating your part-time employment transition while maintaining benefits becomes manageable and efficient.