Short Term Disability Attorney Fort Lauderdale
45+ Years of Serving South Florida with Commitment
Short-term disability insurance protects you in scenarios where you are unable to work due to an unforeseen injury or illness. Policy benefits cover a significant portion of missed wages so you can focus on recovery. Paying premiums on a policy can give you peace of mind in knowing your income will be largely protected no matter what, but some insurance companies will act in bad faith and wrongfully deny legitimate claims.
Understanding the complexities of short-term disability insurance policies is essential for successfully navigating the claims process. Each policy can differ significantly, meaning that what is covered under one insurer may not be under another. It's crucial to review your specific policy details and consult with a knowledgeable professional who can help interpret the often complicated language typically used in insurance documents.
Contact Our Short Term Disability Lawyers for Support
Our Fort Lauderdale short-term disability insurance lawyer at Martin J. Sperry, P.A. has recovered millions of dollars for clients with wrongfully denied claims. We have extensive familiarity with short-term disability practices and policies and have over 45 years of legal experience in this field. If your insurer is refusing to honor your policy, our firm can help you explore the full extent of your legal options. We are compassionate to the uncertainty and financial difficulties injured policyholders face when their claims are improperly denied and are committed to helping our clients efficiently obtain the benefits they need.
Put decades of experience on your side when fighting a wrongfully denied insurance claim. Call (954) 324-2340 or contact us online to schedule a FREE initial consultation with our Florida short-term disability attorneys.
Understanding Short Term Disability Insurance in Florida
When you are injured or become ill and are unable to work, short-term disability insurance benefits can cover a portion of your wage for a set period of time. To be covered by a short-term disability insurance policy, you or your employer will pay a monthly premium.
These policies are generally intended to cover temporary disabilities that policyholders recover from relatively quickly. Many short-term disability policies will cover as much as 60% of your income during a benefit period. Some policies will have maximum caps, which limit the total benefits you can receive.
Choosing the right short-term disability insurance involves understanding the extent of coverage, cost, and benefits period. Policyholders should consider factors like the waiting period before benefits commence and any additional premiums for policies with higher payout rates or longer benefit durations. Consulting with a professional to align personal needs with policy benefits is advisable to maximize the support during the period of disability.
What Qualifies for Short Term Disability Benefits?
Our Fort Lauderdale short-term disability attorney can review your policy and help you understand what types of benefits you can expect to receive. When a qualifying event occurs, you will submit a claim explaining the injury or illness that temporarily limits or eliminates your ability to work. You will typically need a medical professional to agree that you are unable to work.
Events that can warrant a short-term disability claim include:
- Pregnancy complications and childbirth
- Broken limbs
- Debilitating illness
- Intensive surgery
It's crucial to maintain comprehensive medical records and documentation to support your claim. The details and accuracy of these documents can significantly affect the approval of your claim. Regularly updating your insurance provider with relevant medical reports ensures transparency and may expedite the approval process.
If your claim is approved, you will be subject to a “waiting period” before you begin to receive benefits. This waiting period, formally called the “elimination period,” varies from policy to policy but will typically last approximately 2 weeks.
Once the waiting period concludes, a portion of your paycheck will continue to be covered until you can return to work or until the benefit period expires, whichever comes first. Most benefits periods last for several months, but more expensive policies can include coverage for up to a few years.
Fighting Back Against Major Disability Insurance Companies
Sadly, it isn’t uncommon for disabled Floridians to suffer unjust consequences after disability insurance companies wrongfully deny or terminate their short-term disability (STD) or long-term disability (LTD) benefits. In today’s world, it can be more challenging than ever to simply obtain the benefits that you were always rightfully entitled to under the law. Luckily, our award-winning disability attorney is here to help.
At Martin J. Sperry, P.A., our Fort Lauderdale lawyer has successfully represented the disabled in Florida for over 45 years. Attorney Sperry has extensive experience standing up to some of the largest and most powerful disability insurance companies in the U.S., including:
- Hartford
- Unum
- MetLife
- Mutual of Omaha
- Matrix
- Reliance Standard
- Mass Mutual
- Northwestern Mutual
- The Standard
Our approach focuses on meticulous preparation, where every claim is methodically organized to withstand rigorous scrutiny by insurance companies. We employ dedicated strategies tailored to meet the unique demands of each client’s situation, ensuring that all potential avenues for benefits recovery are explored diligently.
The Legal Landscape of Short Term Disability in Fort Lauderdale
In Fort Lauderdale, short-term disability policies must adhere to both state and federal regulations to be valid and enforceable. The Florida Department of Financial Services oversees many of these legal guidelines, ensuring that policyholders are not unduly denied their rightful benefits. Understanding these regulations can empower policyholders, helping them recognize when an insurer may be acting in bad faith. For instance, it's essential for claims to be filed in a timely manner and for all documentation to be complete and accurate to prevent unnecessary delays.
Moreover, the Employee Retirement Income Security Act of 1974 (ERISA) serves as a foundational federal law that governs disability insurance policies offered through an employer. ERISA mandates that employers abide by specific standards and reporting practices. Familiarity with these laws can be a game-changer, allowing beneficiaries to enforce their rights effectively. Those in Fort Lauderdale may also benefit from local support organizations and community resources that focus on disability advocacy, providing additional layers of support and information.
How Martin J. Sperry, P.A. Advocates for Your Rights
At Martin J. Sperry, P.A., we are dedicated to advocating for the rights of those seeking short-term disability benefits. Our firm employs a client-centered approach, aiming to provide personalized service that addresses each individual's unique circumstances. We focus not only on navigating the daunting paperwork and procedural aspects but also on preparing a robust strategy that anticipates potential challenges.
Our legal team prioritizes clear and open communication, ensuring that clients are informed and comfortable with every step of the process. We break down complex legal jargon into terms that anyone can understand, demystifying the logistics of filing a claim. Additionally, we stay abreast of all legislative updates in Florida, offering informed guidance that reflects the most current legal landscape. Whether you're confronting a new claim or appealing a denial, having an experienced firm like Martin J. Sperry, P.A. in your corner can make a significant difference.
Call (954) 324-2340 or contact us online to schedule a FREE initial consultation with our Florida short-term disability attorneys.
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“Marty was always reachable, always returned calls, consistently achieved good results in those cases, and the clients were always very satisfied.”- C.N., Esq.
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“Martin Sperry is the type of attorney who sees everything through from start to finish with consistent communication and professionalism.”- P.W.
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“I would highly recommend Martin Sperry to anyone seeking legal representation that is fair, honest and will keep your best interest and unique needs at the forefront.”- J.E.
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“Mr. Sperry is the smartest attorney I have ever spoken with.”- Luiz. P
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“Top-notch responsiveness and customer service.”- Timothy P.
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Skilled disability attorney. Highly recommended.- Scott E.
Our Settlements & Verdicts
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$350,000 Lump Sum Settlement on Individual Disability Policy
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$135,000 Recovery ERISA Disability Benefits
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$5,000,000 Recovery for Delayed Payment of Insurance Benefits
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$800,000 Recovery for Delayed Payment of Insurance Benefits
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$520,000 Recovery of Accidental Dismemberment Benefits
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$260,000 Recovery of Disability Benefits
Why Short Term Disability Claims Are Denied
Workers rely on short-term disability benefits when an injury or illness prevents them from quickly returning to their jobs. When insurance companies unfairly deny claims, policyholders have limited means of making up income and covering expenses. Insurers will attempt to deny short-term disability claims for many reasons, including:
- Suspicions of fraud. If an insurance company believes you lied or misled them at any point during the application process, they may attempt to deny you benefits. Unscrupulous insurers will look for almost any thin excuse to justify a claim denial.
- Condition not covered by the policy. Short-term disability policies are meant to cover any situation where you are not able to perform your normal job responsibilities. However, certain injuries and conditions can be excluded from your policy. For example, certain types of pregnancy complications are often omitted from policies. Ambiguous language can sometimes be exploited to justify improper denials of benefits.
- Inadequate medical evidence. A medical professional will need to agree you cannot work in your current condition before an insurer will approve your claim. Some insurance companies will forward provided medical evidence to an examiner of their own. These professionals may provide a contradicting opinion and argue you should be able to work, facilitating a denial of benefits.
Beyond these common reasons, insurers might also claim administrative errors or miscounted documentation. Such technicalities serve as an additional loophole for preventing payouts. Keeping detailed records and documentation throughout the application process is vital to preemptively address these potential delays.
If you are unable to work as a result of a qualifying condition and have dutifully paid your premiums, there is no reason an insurance carrier should reject your claim. Our Fort Lauderdale short-term disability lawyer at Martin J. Sperry, P.A. can assist you with filing an appeal and pursuing all legal options when your benefits are being unfairly delayed or withheld. Our firm can provide you with communicative, one-on-one attention and serve as your advocate throughout the process.
We fight wrongfully denied short-term disability claims for clients throughout the state of Florida. Contact us online or call (954) 324-2340 to start exploring your legal options with a Fort Lauderdale short-term disability attorney.
Short Term Disability Insurance vs. Long Term Disability vs. Workers’ Compensation
Long-term disability insurance is similar to short-term disability insurance in that it covers a portion of your paycheck if a worker is unable to work due to injury or illness. As its name would imply, however, long-term disability policies cover situations where a policyholder’s injury or illness is so severe that they will not be able to return to work for at least 3 months. These policies also tend to cover more than short-term disability policies. In many cases, long-term disability benefits can compensate workers for up to 80% of their paychecks.
Long-term disability insurance can generally be purchased with benefit periods of 1, 2, 5, or 10 years. In some cases, policies can cover a policyholder until they turn 65 or 67. However, these policies carry a longer “waiting period.” Many policyholders will need to wait at least 90 days before they start to receive benefits. Long-term disability policies can also be substantially more expensive than short-term options, but they will sometimes be covered by your employer.
Workers’ compensation insurance specifically and exclusively covers on-the-job accidents. If the accident or complication that results in your missing work is unrelated to your job responsibilities, workers’ compensation will most likely not be able to cover any medical expenses or missed income. Only short- or long-term disability insurance can cover off-the-clock incidents.
Navigating between these coverage options requires a precise understanding of each policy's coverage specifics, potential costs, and how they can interact with one another when multiple policies are applicable. Having both short-term and long-term disability insurance can offer a comprehensive safety net that adjusts with evolving individual needs, career status, and financial responsibilities over time.
Frequently Asked Questions About Short Term Disability in Fort Lauderdale
How Do I File a Short Term Disability Claim in Fort Lauderdale?
To file a short-term disability claim in Fort Lauderdale, start by reviewing your policy to understand the specific documentation and timelines required. It's essential to notify your employer or your insurer as soon as possible after the onset of the injury or illness. Obtain necessary forms, usually provided by your insurance company, and ensure a medical professional completes the sections related to your health status. Submit the completed forms along with any other required documents to your insurer. Keeping copies and tracking your submission date are wise steps that can prevent miscommunication. Throughout the process, maintaining communication with your insurer and seeking professional advice if you encounter any issues can enhance your claim's success.
What Should I Do if My Short Term Disability Claim Is Denied?
If your short-term disability claim is denied, it's crucial to understand the reasons provided by your insurance company. Review the denial letter thoroughly, as it will usually outline the specific grounds for refusal. Gathering additional documentation or evidence, such as more detailed medical records, can help address deficiencies in the original claim. You have the option to appeal the denial, often within a specific timeframe, allowing you to present your claim more completely. Consulting with a Fort Lauderdale short-term disability attorney, like those at Martin J. Sperry, P.A., can provide critical insights and assistance in crafting a compelling appeal that addresses the insurer's concerns precisely.
How Long Will It Take to Receive Short Term Disability Benefits Once Approved?
Even after a claim has been approved, there may still be a short waiting period before you begin to receive benefits. The elimination period, typically around two weeks from the date of disability, must conclude before funds are disbursed. Insurance companies are typically required to start payments within a few weeks following the approval. However, various factors, such as incomplete information or administrative delays, can extend this timeframe. Proactively managing and communicating with your insurer can help mitigate potential setbacks, ensuring a smoother and timelier distribution of benefits.
Are Short Term Disability Benefits Taxable?
The taxation of short-term disability benefits depends largely on how the premiums were paid. If the premiums were paid with pre-tax dollars, the benefits are typically taxable, as they are considered a form of income. Conversely, if you paid the premiums with after-tax dollars, the benefits are generally not taxable, as they represent a return on your contributions. Consulting with a tax professional can provide clarity based on your specific situation, ensuring compliance with IRS regulations while maximizing your benefit.
What If My Condition Changes and I Cannot Return to Work?
If your health condition changes and you are unable to return to work after your short-term disability benefits end, you may need to consider long-term disability options. Transitioning from short-term to long-term disability typically requires a new application and additional medical documentation. Your short-term disability insurance can sometimes provide guidance on this process, setting the stage for a smoother transition. Engaging with your healthcare provider to continually evaluate your status and documenting these assessments can support your claims. Consultation with a legal professional may further assist in understanding all available options and ensuring a seamless shift to extended benefits if necessary.
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Seeking Justice for Denied Insurance Claims in South Florida?Get the compensation you deserve with Martin J. Sperry, P.A.! Our experienced Disability Attorney has recovered millions for clients.
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