Raising Awareness of Concussion Injuries

Each year during the month of September, National Concussion Awareness Day calls attention to a common type of accidental injury and a leading cause of long-term disabilities. One of the leading causes of traumatic brain injuries (TBI), a concussion can happen any time there is a bump, blow, or violent shaking of the head, resulting in damage to underlying brain tissues and disruptions to neural pathways.

According to the Centers for Disease Control and Prevention (CDC), more than one million people suffer traumatic brain injuries due to concussions and other causes each year. Of these, close to 100,000 end up experiencing long-term disabilities as a result. Common impacts that can occur due to even a relatively minor concussion include:

• Physical impairments, impacting the victim’s balance, coordination, and movements while resulting in chronic headaches, sleep disorders, and other serious issues;
• Cognitive impairments, impacting memory, reasoning, comprehension, and communication skills;
• Emotional impairments, resulting in severe anxiety and depression, as well as difficulty controlling emotions, increased anger, and flying into fits of rage. 

Long-term Disability Benefits For Concussion Injuries

If you suffer a concussion and ongoing impairments prevent you from working for a year or longer, you may be entitled to long-term disability benefits. These may be available either through your employer, a privately purchased policy, or through the Social Security Administration (SSA).

Long-term disability benefits can make up for as much as two-thirds of your lost income, allowing you to continue providing for yourself and your loved ones. To protect your rights to these benefits, follow these steps:

• Get medical attention immediately any time you suffer head injuries that could result in a concussion;
• Report all of your symptoms to your doctor and follow their instructions regarding testing and treatment;
• Adhere to their recommendations regarding work and activity restrictions;
• Keep copies of all medical records and lost wages;
• Keep a journal, documenting the impacts your injuries have on you, your family, and your activities;
• Review disability policies you have in place and your rights to benefits through the SSA.

Request A Consultation With Our Florida Long-Term Disability Lawyer

Concussions are a common type of traumatic brain injury and can have major impacts on your health. Long-term disabilities you suffer as a result may prevent you from working, creating financial hardships for you and your loved ones. At Farrell Disability Law, we help you get the benefits you are entitled to. For caring support and trusted legal guidance in filing a claim, call or contact us online and request a consultation with our Florida disability lawyer in our Orlando or Jacksonville office today.

Sources:

nationalconcussionawarenessday.com/index.html#:~:text=National%20Concussion%20Awareness%20Day%20%C2%AE%20Friday%2C%20September%2015th%2C%202023,-National%20Concussion%20Awareness

cdc.gov/traumaticbraininjury/pubs/tbi_report_to_congress.html

ssa.gov/benefits/disability/

Protecting Yourself And Your Rights To Long-Term Disability Benefits

Long-term disability (LTD) benefits may be available through your employer, through privately purchased policies, or through the Social Security Administration (SSA). These benefits generally replace up to two-thirds of lost income in the event you suffer injuries, serious illnesses, or chronic health conditions that prevent you from working for a year or longer.

Unfortunately, one of the biggest problems with LTD insurance is that there is a strong potential for claims to get denied. As a result, it is important to take steps to protect yourself. This includes being aware of when and when not to talk about your condition.

It is natural to want to share what you are going through and to receive support from others. However, to protect your rights, follow these tips:

• Avoid announcing your condition on social media: Sites such as Instagram, Facebook, and TikTok are some of the first places insurers look in finding reasons to deny long-term disability claims.
• Avoid oversharing with friends and family: While you may trust your family and friends to support you and protect sensitive personal information, you can count on insurance representatives to approach them as well. Not providing too many details protects you and them.
• Use caution with co-workers: Many people develop close relationships with co-workers, and they may check in with you while you are on disability. Avoid detailed discussions about your current condition or activities, as it can easily become fodder for office gossip.

When To Speak Up About Long-Term Disabilities

If you have long-term disabilities, you do not have to suffer alone. There is nothing wrong with having a few trusted people to confide in and to consider counseling if needed. There are also times when you definitely should speak up.

The Americans With Disabilities Act (ADA) protects you in a variety of situations. This includes:

• When attending events in public places;
• When seeking an education or specialized skills;
• When returning to the workforce, either at your prior job or in a new position;
• When receiving health care and other services.

Request A Consultation With Our Florida Long-Term Disability Lawyer

In general, you should be cautious in sharing details about long-term disabilities in situations where that information could be used against you. However, you should not hesitate to assert your disabled status and stand up for your rights.

At Farrell Disability Law, we understand what a difficult situation this is to be in. Our Jacksonville long-term disability lawyer acts as a strong ally on your side and helps you get the benefits you deserve. For trusted legal guidance in filing a claim and related matters, contact us by phone or online and request a consultation in our Orlando or Jacksonville office.

Sources:

ssa.gov/benefits/disability/

ada.gov/

Living With Long-Term Disabilities

Long-term disabilities can happen due to sudden injuries and illnesses or as a result of ongoing, chronic medical conditions. According to the Centers for Disease Control and Prevention (CDC), more than 61 million Americans currently live with some type of disability.

Stress, strain, and isolation that often occur as a result only make matters worse. To protect your health, follow these tips for living with long-term disabilities in Florida:

Visit your doctor regularly.

Find a medical provider you can trust and develop an ongoing relationship with them. Report all symptoms you suffer from, get an official disability diagnosis, and undergo all recommended testing and treatment.

Make your health a top priority.

While long-term disabilities often happen through no fault of your own, there are actions you can take that can make a major difference in how you feel and how your condition progresses. Make maintaining your health a top priority by eating well, getting enough rest, participating in doctor-approved exercise programs, and avoiding smoking, excessive drinking, or other harmful behaviors.

Get the support you need.

Asking for help is difficult for many people, but it is important to let family and friends know about the struggles you face. Be aware of resources available in the community as well, such as those offered in Tampa and throughout Hillsborough County.

Develop a long-term care plan.

It is natural to feel a certain amount of fear about the future if you suffer long-term disabilities that impact your health and ability to provide for yourself. Making plans now for any future long-term care needs can help to provide peace of mind.

Be aware of your rights to benefits. 

Loss of income is a major obstacle for people who suffer from long-term disabilities in Florida. Financial problems can have dramatic impacts on your quality of life and your ability to take the steps needed to protect yourself, both now and in the years to come. Long-term disability benefits provide a safety net in this situation. These may be available through your employer, privately purchased long-term disability insurance policies, or the Social Security Administration.

Request A Consultation With Our Florida Long-Term Disability Lawyer

If you are living with long-term disabilities, benefits you may be entitled to can help protect your health and quality of life, now and in the future. At Farrell Disability Law, we provide the trusted legal guidance you need to get the total amount you are entitled to. Call or contact our Florida long-term disability lawyer online and request a consultation in our Orlando or Jacksonville office today.

Sources:

cdc.gov/ncbddd/disabilityandhealth/infographic-disability-impacts-all.html

hillsboroughcounty.org/en/residents/social-services/special-needs

ssa.gov/benefits/disability/

Common Challenges When Living With Long-Term Disabilities

For people who suffer from long-term disabilities, getting through each day can present major challenges. The Centers for Disease Control and Prevention (CDC) explains some of the most common concerns are health and accessibility issues. Trying to coordinate care among medical providers, facing a lack of assistive devices both at home and in public places, and problems communicating needs to family, friends, and others involved are all common obstacles you may have to overcome.

Unfortunately, people with long-term disabilities in Florida typically face serious financial issues as well. In this regard, common challenges are likely to include:

1. Getting A Firm Diagnosis

Getting a firm diagnosis from your doctor and being declared disabled is the first step in obtaining long-term disability benefits. This can require major investments of both time and money. Doctor visits are expensive and you may have to either see the same provider for multiple years or get a second opinion before finally being diagnosed.

2. Understanding Their Rights To Benefits

No one thinks a long-term disability will happen to them. However, the Social Security Administration (SSA) reports that approximately one in four current twenty years-olds will end up becoming disabled prior to reaching retirement age. Early on and before even getting a diagnosis, be aware of your rights to disability benefits, either through the SSA or through an employer-provided policy.

3. Getting Their LTD Benefit Application Approved

Once you determine the long-term disability benefits you are entitled to, submitting an application and getting it approved is typically the next challenge. Things you do now could end up helping in the event you are eventually unable to work. This includes getting a firm diagnosis, documenting your condition, and following all doctor instructions. Also, be aware that even once you file an application, the majority are denied on the first try.

4. Finding Other Ways To Make Up For Lost Income

Delays in obtaining long-term disability benefits are common. While you have the right to appeal a denied application, the situation could take months to resolve. Even once your claim is approved, LTD benefits typically only cover up to two-thirds of lost wages. Be aware of your rights regarding part-time work, taking early withdrawal on retirement accounts, and supplemental income through other sources.

Discuss Your Options With Our Experienced Florida Long-Term Disability Lawyer

Long-term disability benefits provide a lifeline if you are unable to work. At Farrell Disability Law, our experienced Florida long-term disability lawyer helps you navigate the application process and fights to get you the maximum amount available. Contact us and request a consultation in our Orlando or Jacksonville office to discuss your options today.

Sources:

cdc.gov/ncbddd/disabilityandhealth/disability-barriers.html

ssa.gov/news/press/factsheets/basicfact-alt.pdf

Long-Term Disability Insurance: An Important Benefit

According to statistics from the Social Security Administration, roughly one out of every four 20-year-olds will eventually become disabled prior to reaching retirement age. While long-term disability benefits are offered as part of an employee’s overall compensation package with many jobs, independent contractors are generally not covered.

The same as with health care and retirement benefits, it is generally up to you to ensure you have long-term disability insurance coverage in place. This can be obtained through a variety of different health insurers. Very Well Health offers a list of some of the best policies available for people who are self-employed or independent contractors. In addition to the overall price, items to consider when purchasing a policy include:

1. How the policy defines a disability: A long-term disability is considered one that prevents you from working for a year or more. However, you need to check to see if a policy protects you against being unable to work in your current job or in any occupation.
2. Coverage periods: Pay close attention to when the policy goes into effect and any stipulations regarding the amount of time you are entitled to receive benefits.
3. Amount of payments: Most long-term disability policies reimburse you up to two-thirds of your former wages.
4. Covered conditions: Carefully review the types of conditions covered and any policy exclusions.

Social Security Disability Insurance (SSDI) For Independent Contractors

In addition to any private LTD policies you purchase, independent contractors may be entitled to Social Security disability insurance benefits as well. These benefits are usually paid for directly through paycheck deductions. As a self-employed individual, you may be entitled to coverage, provided you pay your own Social Security taxes. Other factors that could impact your eligibility include:

• Whether you have a qualifying health condition, as per the SSA’s List of Impairments;
• Whether you have accumulated enough work credits, which are based on your income and awarded up to four times per year;
• Whether you have worked recently, as roughly half of all work credits must have been earned in the past ten years;
• Whether you can no longer engage in what the SSA considers “substantial gainful activity”.

Request A Consultation To Discuss Your Options With Our Florida Long-Term Disability Attorney

As an independent contractor, you need to protect yourself against long-term disabilities. At Farrell Disability Law, we provide trusted legal guidance on the options available and help in filing a claim.  To discuss your options, contact our Florida long-term disability attorney and request a consultation in our Orlando or Jacksonville office today.

Sources:

ssa.gov/disabilityfacts/facts.html

verywellhealth.com/best-disability-insurance-for-self-employed-5093323

ssa.gov/benefits/disability/

How To Supplement Employer-Provided Long Term Disability

Many people receive long-term disability benefits through their employer. If you suffer any type of chronic medical condition that could become disabling or are diagnosed with a serious illness or injuries that prevent you from working, it is important to review the terms of your policy. Under the Employee Retirement Income Security Act of 1974, your employer is required to provide copies of all policy-related documents, free of charge and at your request.

Carefully review all terms and pay close attention to the Summary of Benefits. This will explain the amount of any long-term disability (LTD) payments you are entitled to, how long they will last, covered conditions, and other stipulations. However, be aware that in most cases, LTD insurance will only cover up to two-thirds of your lost income. To ensure you can continue to provide for yourself and your family, consider options for supplementing this coverage:

• Supplemental long-term disability insurance: Privately purchased, supplemental long-term disability insurance can cover gaps in income. As with your employer-provided coverage, review all policy documents carefully to familiarize yourself with the terms.
• Social Security disability insurance: You may be entitled to disability benefits through the Social Security Administration, provided you have earned enough work credits and have a qualifying medical condition. However, this may reduce employer-provided LTD benefits, depending on the amount you receive.
• Loan protection insurance: Long-term disability insurance covers lost income. For help in paying bills, review all loan documents. Your mortgage, car payment, and any personal loans you have may include provisions waiving payments while you are disabled.

Other Options For Supplementing LTD Benefits

In addition to supplemental  insurance, there are other ways to stretch your disability income:

• Saving money prior to being unable to work: If you are aware that a condition could leave you disabled in the future, consider creating a special savings fund now.
• Working part-time: Disability insurance may allow you to earn some income via part-time work. However, pay close attention to income limits to avoid having benefits reduced or denied.
• Borrowing money: Withdrawing money from your 401k or other retirement accounts or borrowing from friends can help in maintaining your standard of living, but should be considered a last resort.

Discuss Your Options With Our Jacksonville Long-Term Disability Attorney

At Farrell Disability Law, we help you get the maximum amount of disability benefits you are entitled to. To discuss your options and ways to supplement your income, call or contact us online and request a consultation in our Jacksonville or Orlando office today.

Sources:

dol.gov/general/topic/health-plans/erisa

ssa.gov/benefits/disability/#anchor2

As an experienced Orlando long-term disability lawyer, we help people with denied LTD claims and protect their rights in filing an appeal. The following are among the most frequently asked questions (FAQs) we hear from our clients:

Why Was My Long-Term Disability Claim Denied?

As insurance companies are for-profit businesses, it is in their financial best interests to avoid paying out on claims. They may deny your benefits for any of the following reasons:

• Mistakes and errors on your part in filling out an application;
• Administrative errors on their part in processing;
• Disputes over the terms of coverage and whether you are entitled to benefits;
• Disputes over whether your condition qualifies and can be classified as a long-term disability;
• Failure to provide appropriate documentation;
• Failure to respond to requests for additional information or other insurance company requirements.

What Should I Do If I Get A Denial Letter? 

It is important to act promptly if you receive any type of communication from the insurance company. If you have been denied long-term disability benefits, it is important to carefully review the following:

• The exact reasons for the denial, which should be cited in the letter;
• The date it was sent and the amount of time given to file an appeal;
• The terms of your long-term disability coverage.

The Employee Retirement Income Security Act of 1974 (ERISA) governs employer-provided benefit programs. Under ERISA, you are entitled to receive a copy of all long-term disability insurance policy documents, free of charge and at your request.

How Do I Appeal Denied Long-Term Disability Insurance Benefits?

Dealing with insurance companies is always challenging. Fortunately, these companies are required to adhere to complex rules and regulations under the Florida Administrative Code when it comes to dealing with individuals they do business with. However, as state laws and insurance company procedures are often confusing and complex, it is important to get an experienced long-term disability attorney on your side, both in filing your claim and in any needed appeals.

The appeals process involves disputing the insurance company’s decision and providing evidence why your benefits should be approved. This involves:

• Notifying the insurer of your intent to file an appeal;
• Gathering additional evidence in support of your claim;
• Appearing at administrative hearings and arguing your case before a committee;
• Taking your case to court in the event the insurance continues to deny your claim.

Contact Our Florida Long-Term Disability Attorney Today

At Farrell Disability Law, we protect your rights in dealing with insurance companies and help you get the LTD benefits you are entitled to. If you have been denied benefits, call or contact our Florida long-term disability attorney online to request a consultation in our Orlando or Jacksonville office.

Sources:

dol.gov/general/topic/retirement/erisa

flrules.org/gateway/organization.asp?id=520

What Is A Functional Capacity Exam and How Does It Impact My Rights To LTD Benefits? 

A Functional Capacity Exam (FCE) comprises a series of tests designed to determine whether you are physically capable of performing different tasks that may or may not be associated with your job. The American Occupational Therapy Association advises that they are useful and often ordered prior to starting physical therapy or to monitor your recovery in the aftermath of an injury or illness. They are also commonly used by insurance companies in determining whether to deny or approve a long-term disability claim.

Undergoing an FCE can take hours or days, depending on the extent of your injuries and the type of work you previously performed. Common tasks an examiner will likely ask you to perform include:

• Walking on a treadmill;
• Lifting, carrying, and pushing objects;
• Bending, crouching, kneeling, and crawling;
• Reaching for overhead items;
• Standing or sitting for periods of time;
• Grasping, scooping, pressing, or otherwise manipulating objects with your hands;
• Overall manual dexterity and endurance in performing requested tasks.

In general, a low overall score in regards to your ability to perform the above tasks (regardless of whether they are required on the job), makes you more likely to be approved for long-term disability benefits while a high score could result in denial of your claim.

How Our Florida Long-Term Disability Attorney Can Help

Under the Employment Retirement Income Security Act (ERISA), which governs employer-provided long-term disability benefits, you are required to undergo an FCE at the insurance company’s request. It is important to be aware of the factors that work against you in this situation:

• Examiners are often hired by the insurance company, which influences how they administer the exam and assess results.
• As insurers look at your overall score, tasks relevant to your job that you are unable to perform adequately can easily get overlooked.

To protect yourself in this situation, you need an experienced Florida long-term disability attorney on your side. We can make sure the exam is done fairly, with an independent third party acting as examiner and areas tested relevant to your job.

Contact Our Florida Long-Term Disability Attorney Today

Do not take chances when it comes to your long-term disability benefits. To protect your rights, reach out to Farrell Disability Law. Whether an FCE is requested or you are dealing with a previously denied claim, our Jacksonville long-term disability attorney can help. Call or contact us online today to request a consultation in our office.

Source:

aota.org/-/media/corporate/files/aboutot/professionals/whatisot/wi/facts/functional-capacity.pdf

dol.gov/general/topic/retirement/erisa

Unfortunately, it can come as a shock when long-term disability benefits are denied or downplayed, but the truth is it is a common practice. Find out some of the worst insurance companies and the tactics they use to avoid paying out on claims.

Insurers offer protection against unexpected, adverse events. However, one of their primary concerns is protecting themselves and their profits. In addition to collecting high premiums, which are estimated at more than one trillion dollars each year, one of the ways they do this is by denying and downplaying claims.

If you have disability or other types of coverage with these companies or other insurers, you need to be diligent in your dealings with them. This includes thoroughly reviewing all policy terms, keeping records of all premiums paid, responding promptly to any communications from them, and seeking legal help when claims are denied, delayed, or downplayed.

Common Insurance Company Tactics In Denying Claims

If you have private long-term disability insurance, request copies of all policy-related documents from the insurance company. If you have an employer-provided policy, your employer is required to provide these free of charge and at your request under the Employee Retirement Income Security Act of 1974.

In addition to thoroughly reviewing all policy terms, particularly procedures for filing claims, coverage limits, and policy exclusions, be aware of common tactics insurance companies use in denying or downplaying claims. These include:

• Disputing your condition;
• Disputing whether it is covered under your policy;
• Disputing whether it is severe enough to prevent you from working;
• Requiring excessive or repeat documentation;
• Disputing whether you meet other policy terms;
• Disputing the length of coverage;
• Delaying processing;
• Requiring you to see their own medical providers;
• Denying claims for no reason;
• Not providing timely notice of denials;
• Failing to inform you of your rights in filing an appeal.

Reach Out To Our Florida Long-Term Disability Attorney 

At Farrell Disability Law, we act as a strong legal ally on your side when dealing with insurance companies. You can count on us to protect your rights in filing a claim, preventing unfair practices that could result in your benefits being denied, delayed, or downplayed.

If you have already received notice regarding a long-term disability denial or are having other problems with disability benefits, reach out to us for help. Call or contact our Jacksonville long-term disability attorney online and request a consultation in our office today.

Conditions That May Qualify You For Long-Term Disability Benefits 

Long-term disability (LTD) benefits offset losses in income if you are unable to work for a year or more. These may be available through an employer-provided policy, through privately purchased insurance, or through the Social Security Administration. In general, there are four primary types of conditions that may qualify you for LTD payments:

1. Accidental Injuries

According to the Centers for Disease Control and Prevention (CDC), accidental injuries are one of the most common causes of death and disability in the United States. These often happen due to motor vehicle accidents, slips and falls, or sports and recreational activities. Broken bones, burns, amputations, and any type of injury to the head, back, neck, spinal cord, or soft tissues can end up causing long term or even permanent impairments.

2. Serious Illnesses

While there may be some serious illnesses you can get over quickly, others can have lasting impacts on your health. Cancer, respiratory illnesses, Multiple Sclerosis, Alzheimer’s, and Lou Gehrig’s Disease are among those that can cause long term disabilities. In light of the recent pandemic and the long-term impacts reported by sufferers, COVID-19 is also on this list.

3. Chronic Physical Impairments

Physical health conditions that you suffer from can steadily worsen over time, jeopardizing your health and preventing you from working or engaging in other activities. Among the most common that can cause long-term disabilities include heart disease, diabetes, arthritis, and kidney or liver disease.

4. Mental Health Disorders

Mental health issues such as anxiety, depression, bipolar disorder, and Post-Traumatic Stress Disorder (PTSD) can worsen to the point where you are unable to work and may qualify you for long term disabilities.

Our Florida Long-Term Disability Attorney Helps You Get The Benefits You Deserve 

If you suffer any of the above or other potentially debilitating conditions, take the following steps:

• Visit your doctor regularly and report any new symptoms. You need a firm diagnosis of your condition and the fact that you are disabled to qualify for LTD benefits.
• Review your eligibility for benefits. Your employer is required to provide copies of all policy-related documents under the Employee Retirement Income Security Act of 1974. You can also check whether you have enough work credits to qualify for benefits through the Social Security Administration.

When it comes time to file a claim, reach out to Farrell Disability Law. We assist you throughout the process, helping you get the maximum amount you are entitled to in the quickest manner possible. Contact our Jacksonville long-term disability attorney online today.

Sources:

cdc.gov/nchs/fastats/accidental-injury.htm

dol.gov/general/topic/health-plans/erisa