Florida Long Term Disability Insurance Attorneys Fight for Your Benefits
Assistance with employment-based and private insurance claims from a Fort Lauderdale legal team
If you are hurt or sick and unable to work, you hope you can rely on insurance to help you through your health crisis. Unfortunately, when you are injured outside of work or become ill, you must rely on policies specifically designed to replace your income, such as short term and long term disability coverage through your workplace or a private Disability Income policy. Unfortunately, insurance companies have a very strong financial incentive to deny expensive payouts, such as long term disability claims. If your insurer has unfairly denied your claim, or if you want professional assistance preparing your claim for review, Attorney John V. Tucker and his team of experienced long term disability attorneys can help you. With more than 40 years of combined experience in ERISA and disability insurance law, they have helped claimants recover millions in benefits from all the major long term disability insurance companies.
What is long term disability?
Long term disability is defined differently under different insurance policies, but the most common policies insure you in case you cannot perform the duties of your occupation for some period of time, usually 24 months. Most policies change the definition of disability to pay only if you cannot perform the duties of any occupation after that. Insurance industry statistics show that one in four workers in their 20s has a chance of becoming disabled sometime during a working career. The causes are many: neck and back pain; joint, muscle and tendon disorders; foot, ankle and hand injuries; and, most commonly, disabling illnesses, such as Multiple Sclerosis, Parkinson’s Disease, cancer, and many others.
The average length of a long term disability claim is 34.6 months, nearly three years. Going that long without a paycheck can be ruinous to your finances. Your claim under ERISA or your individual disability insurance policy is vitally important to your future.
ERISA disability lawyer in Fort Lauderdale handles cases nationwide
ERISA, the Employee Retirement Income Security Act of 1974, is the complex federal law that governs most employer sponsored group long term disability insurance policies. We help with the initial filing by assembling the evidence you need to support your claim and presenting it in the precise language of the insurance industry. If your claim under your company’s plan has been denied, we can help you prepare and file your appeal to the Disability Plan Administrator.
Deadlines come very quickly in the appeal process, so it’s vitally important to consult an experienced ERISA attorney as soon as possible. Often, disability insurance companies sit on claims and fail to make decisions by the deadlines required by federal regulations. You need to capitalize on their delays, because filing a lawsuit when the insurer delays can change the standards a court applies, giving you a major advantage. We handle ERISA claims all over the United States and have an excellent record of success with the claims we appeal, as well as the cases we litigate in court. We also help clients by managing their disability claims that are being paid by the insurer. Being proactive in the ongoing management of an active claim is extremely beneficial in helping prevent the disability insurance company from terminating benefits.
Insurance company tactics for avoiding payments on disability claims
Disability insurance adjusters and defense attorneys are very good at using the language of a disability policy against you, the policyholder, and finding numerous reasons to deny a claim. Common reasons for denials include:
- Declaring your medical evidence insufficient;
- Claiming that your medical evidence is not timely or does not cover the right time period;
- Declaring that even if you are unable to perform your job as your employer requires, you are still able to perform the job as it’s generally done in the national economy;
- Claiming your condition does not fit the definition of disability under the policy;
- Alleging your impairment is related to substance abuse, a preexisting condition or it fits within some other plan or policy exclusion;
- Using short video clips of you obtained from video surveillance to dispute your disability claim; and
- Claiming you did not meet the filing or appeal deadlines.
An experienced disability insurance attorney anticipates these tactics and can employ strategies to address them. You can trust our ERISA and long term disability insurance lawyers to use every means at our disposal to go after the results you need.
Contact our dedicated Fort Lauderdale legal team to fight for your disability insurance benefits
If you are concerned about your long-term disability insurance claim, our experienced ERISA law team can help. John V. Tucker and his team deliver excellent client service, and there are no upfront legal fees. To schedule a free consultation, call us at 866-282-5260 or contact our office online.