Common Tactics Used By Insurers To Deny or Delay Your Long-Term Disability Benefits

According to the Bureau of Labor Statistics (BLS), nearly half of all workers are entitled to long-term disability benefits through group policies employers have in place. These may be included as part of your overall employee compensation and provide important protections in the event an illness, injury, or chronic health condition prevents you from working.

While you may be entitled to long-term disability benefits in Florida, getting your claim approved by insurers is often a complicated and time-consuming process. Keep in mind that as for-profit businesses, it is in the insurer’s financial interests to find reasons to either deny or downplay your claim. Tactics they often employ include:

• Disputing whether you are eligible for long-term disability insurance coverage;
• Disputing whether you have a covered condition;
• Downplaying your condition and disputing whether it leaves you disabled;
• Claiming you failed to file the appropriate paperwork or submit the required evidence.

Protecting Your Rights When Dealing With Long-Term Disability Insurers

As an employer-provided benefit, provisions for administering long-term disability benefits are covered under the Employee Retirement Income Security Act of 1974 (ERISA). As a federal law, ERISA does not mandate that your employer provide this insurance, but does protect your rights throughout the claims process and provides options in terms of filing an appeal. To protect yourself in dealing with insurers and their representatives, follow these steps:

• Obtain copies of all long-term disability policy documents, which you are entitled to upon request and free of charge under ERISA;
• Make sure your doctor provides a firm diagnosis of your condition and that it qualifies as a long-term disability;
• Keep copies of all medical records documenting your condition and the care you have received;
• Keep copies of all pay stubs showing lost wages and get detailed descriptions regarding job duties on your job.

Once you file your claim, respond to any communications from the insurer promptly. If they delay making a decision or dispute your rights to benefits, contact our Florida long-term disability lawyer.

Request A Consultation With Our Florida Long-Term Disability Lawyer Today

Long-term disability benefits provided by your employer help to protect your financial security if you are unable to work. However, insurers often engage in tactics that result in denied or delayed benefits. To protect your rights in a claim, get Farrell Disability Law on your side. Call or contact us online and request a consultation with our Florida long-term disability lawyer in our Orlando or Jacksonville office today.

Sources:

bls.gov/opub/ted/2020/short-term-and-long-term-disability-insurance-for-civilian-workers-in-2020.htm

dol.gov/general/topic/health-plans/erisa#:~:text=The%20Employee%20Retirement%20Income%20Security,for%20individuals%20in%20these%20plans.

What Is Ableism?

The use of the word ‘ableism’ is a trendy new term relevant to people who suffer long-term disabilities in Florida. Healthline defines ableism as any type of bias, prejudice, or attitude of discrimination directed at people who suffer disabilities.

Ableism can show up in how people talk to you and their general attitude. Examples of ableism that often impact people with long-term disabilities include:

• Having your condition and your symptoms doubted or downplayed by your doctor;
• Having to jump through hoops to get needed medical care;
• Being refused reasonable accommodations on your job;
• Facing doubts from family or friends about your condition and the severity of your disabilities.

Unfortunately, ableism can also arise when applying for long-term disability benefits. Claims administrators and others you deal with may make unreasonable demands, require excessive documentation, or otherwise make it harder to get the benefits you are otherwise entitled to.

Protecting Yourself Against Ableism When You Suffering Long-Term Disabilities

Ableism has nothing to do with being overly sensitive or wanting special treatment as a result of long-term disabilities. It does involve defending your rights and making sure you get the level of care and services you are otherwise entitled to.

The National Institutes of Health (NIH) warns that ableism is a common problem in the medical community that compromises the quality of care people with long-term disabilities receive. It also rears its head when applying for long-term disability benefits in Florida. These may be available through your employer or the Social Security Administration (SSA).

The goal should be to ensure that people who need these benefits get them in the quickest and easiest manner possible. Unfortunately, the process for filing a claim is lengthy and complex, and many applications are denied or delayed. To protect yourself, follow these steps:

• Be aware of your rights when it comes to long-term disability benefits by reviewing eligibility guidelines through your employer or the SSA;
• Request reasonable accommodations at places you go and document if your request is refused;
• Avoid ableist self-talk and remember: you matter and would perform certain types of work or engage in certain activities if you did not suffer a long-term disability.

Contact Our Florida Long-Term Disability Lawyer And Request A Consultation Today

Farrell Disability Law acts as a strong legal advocate on the side of those with long-term disabilities in Florida. We provide the caring support and comprehensive legal service you need to get the benefits you are entitled to. Call or contact us online and request a consultation in our Orlando or Jacksonville office today.

Sources:

healthline.com/health/what-is-ableism

ncbi.nlm.nih.gov/pmc/articles/PMC9072618/

ssa.gov/disability

1. Evaluate the circumstances surrounding your case and whether you might be entitled to benefits.

According to the Centers for Disease Control and Prevention, nearly a third of the population suffers from some type of disability in Florida. Not all suffer conditions severe enough to prevent them from working or qualify for long-term disability benefits.

Our Florida long-term disability lawyer can evaluate the specific circumstances surrounding your case, including details about your condition and when you stopped working, to determine your eligibility.

2. Review the terms of any long-term disability policies you have in place.

Many employers provide long-term disability insurance as part of your overall compensation package. Under the Employee Retirement Income Security Act of 1974 (ERISA), you are entitled to copies of all policy-related documents, free of charge and at your request.

We can review these documents, determine the terms of coverage, and whether you have a covered condition. We can also review the terms of any privately purchased long-term disability policies you also have in place.

3. Assess whether you meet the requirements for Social Security disability benefits.

Whether or not you have long-term disability insurance, you may be entitled to disability benefits through the Social Security Administration (SSA). We can determine whether you have earned enough work credits, have a qualifying condition, and meet other factors that impact eligibility.

4. Answer questions about the process and prepare appeals on your behalf.

Filing for long-term disability benefits is a confusing and complex process. We can answer your questions and help ensure all claims forms are completed properly.

5. Respond to any correspondence received from insurers.

It is not uncommon for insurers to request additional information or to have questions concerning your claim. Not responding or providing the wrong answers could result in denied benefits.

6. Protect you against unreasonable delays.

Our experience in completing claims and providing supporting documents helps to prevent lengthy processing delays.

7. Scrutinize the reasons for denied claims and provide professional representation in filing an appeal.

If you have already been denied benefits, we can scrutinize the reasons, provide an appropriate response, and take other actions needed in filing an appeal.

Contact Our Florida Long-Term Disability Lawyer Today

To get the benefits you are entitled to in the quickest, most efficient manner, get Farrell Disability Law on your side. Contact our Florida long-term disability lawyer and request a consultation in our Orlando or Jacksonville office today.

Sources:

cdc.gov/ncbddd/disabilityandhealth/impacts/florida.html

dol.gov/general/topic/health-plans/erisa#:~:text=The%20Employee%20Retirement%20Income%20Security,for%20individuals%20in%20these%20plans.

ssa.gov/benefits/disability/

Unfortunately, long Covid can have major impacts on body organs and symptoms, making it impossible to work. Our Orlando long-term disability lawyer explains more about complications that can arise and your rights in seeking long-term disability benefits for long Covid in Florida.

New Information About Long Covid and How It Impacts Victims

While Florida has been making national headlines due to high COVID-19 case counts and controversy over vaccines, recently released reports from scientists provide new information concerning long Covid and how it affects sufferers.

In September of 2023, the Mayo Clinic published the results of several major studies that shed light on the condition and the long-term impacts it can cause:

• An estimated 20 percent of people under the age of 65 and 25 percent of older adults currently suffer long Covid.
• Those most likely to be affected are people who either had more severe symptoms during an initial COVID-19 infection or required up to a month to recover and resume normal activities.
• Ongoing symptoms, such as loss of smell, chest pain, dizziness, shortness of breath, and general fatigue, could prevent sufferers from working for up to a year or longer after infection.
• Long Covid was capable of causing serious harm to the heart, lungs, brain, and other body organs or systems, resulting in permanent impairments.

Long-Term Disability Benefits For Long Covid

As more people come into contact with the Covid-19 virus, it is important to be aware of the risks concerning long Covid. The U.S. Department of Health and Human Services (HHS) classifies it as a disability under the Americans With Disabilities Act and other federal laws. In addition to symptoms that may last for months after an infection, long Covid can also result in chronic conditions that jeopardize your health and ability to work. These include:

• Heart disease;
• Kidney problems;
• Asthma and other respiratory system disorders;
• Neurological problems;
• Problems with the circulatory system;
• Mental health issues, such as chronic depression or anxiety.

Long Covid is recognized as a disability by the Social Security Administration and can entitle you to benefits, but employer-provided long-term disability policies are likely to have stricter guidelines. If you suffer long Covid, make sure medical providers document your condition, the complications it causes, and how it impacts your ability to work or engage in other activities.

Contact Our Florida Long-Term Disability Lawyer

If you are among the many people who are unable to work due to long Covid, reach out to Farrell Disability Law. We act as a strong ally on your side, helping you get the disability benefits you are entitled to. Give us a call or contact our Florida long-term disability lawyer online and request a consultation in our Orlando or Jacksonville office today.

Sources:

newsnetwork.mayoclinic.org/discussion/study-identifies-risk-factors-for-long-haul-covid-disease-in-adults/

hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html

ssa.gov/benefits/disability/

Orlando EMT Speaks Out About Being Terminated Due To Pregnancy-Related Disability

An Orlando EMT worker is speaking out after being terminated by her employer due to receiving long-term disability benefits for pregnancy complications. According to a July 2023 WFTV News 9 report, while her pregnancy itself was uncomplicated, the woman slowly began experiencing steady declines in her health during the weeks and months after delivery. These prevented her from performing her duties as an EMT. While she might have been able to perform desk duty, this is not an option available to employees.

She claims to have started off taking personal leave and then short-term disability before applying for long-term disability benefits through her employer. However, once she was approved and received her first check, she received notice that she was terminated.

According to city officials quoted in the story, this is standard practice when an employee can no longer perform tasks associated with their jobs and chooses to receive long-term disability payments. The fired EMT claims the situation stems from ongoing discrimination faced by female workers and is hoping to raise awareness by telling her story. It raises two serious concerns: can you be fired for collecting LTD benefits, and are pregnancy-related complications covered?

While You May Be Entitled To Pregnancy-Related LTD Benefits, There Are No Guarantees In Terms of Your Job

Unfortunately, any worker can be terminated after receiving long-term disability benefits. This is particularly true in high-demand occupations, such as emergency workers.

Benefits are generally available for pregnancy-related complications, but you need to check the terms of your policy. Under the Employee Retirement Income Security Act of 1974 (ERISA), your employer must provide a copy of all policy-related documents for free and at your request. To protect your rights in this situation, take the following steps:

• Review the terms of your LTD coverage and any policy exclusions;
• Visit your doctor and get a firm diagnosis of any pregnancy-related complications;
• Keep a journal detailing how these complications impact you at home and on the job;
• Speak with your employer regarding their specific policy for terminating workers who receive LTD benefits.

Our Florida Long-Term Disability Lawyer Is Here To Help

At Farrell Disability Law, we protect your rights when it comes to obtaining long-term disability benefits. Cases involving pregnancy complications can be complex, and it is not uncommon for claims to be denied. For help in getting the total amount of benefits you deserve, call or contact our Florida long-term disability lawyer online and request a consultation in our Orlando or Jacksonville office.

Sources:

wftv.com/news/local/orlando-emt-fired-after-using-long-term-disability-due-pregnancy-complications/I2V72AVXFJHSTFZOEEXPKE27GM/

dol.gov/general/topic/health-plans/erisa#:~:text=The%20Employee%20Retirement%20Income%20Security,for%20individuals%20in%20these%20plans.

Determining Why Your Claim Was Denied

According to the Bureau of Labor Statistics, close to 40 percent of all workers have employer-provided long-term disability coverage. This protects you in case of an injury, illness, or chronic condition that prevents you from working. These benefits usually cover up to two-thirds of your lost wages, which can help in ensuring you are still able to provide financially for yourself and your family.

Unfortunately, it often comes as a shock to file a long-term disability claim only to have it denied. In this situation, it is important to remember that you are dealing with insurers, who have a financial motive for avoiding payouts. You are entitled to appeal their decision and the first step is generally determining why you were denied. The following are among the most common reasons:

• There is a problem with your policy, such as disputes over effective dates;
• You do not have a covered condition;
• You failed to file the appropriate forms;
• You did not submit medical records or other documentation needed to approve your claim.

The Process Of Filing A Long-Term Disability Appeal

Under the Employee Retirement Income Security Act of 1974 (ERISA), you are entitled to copies of all policy documents, free of charge and at your request. Review these carefully to determine why you were denied and your rights in filing an appeal. ERISA also dictates the disability appeals process:

• You generally have either 60 or 180 days after receiving a denial to notify the insurer of your intent to appeal.
• The next step is to appear before an administrative judge, who will review all the details surrounding your case.
• If you are denied again, a hearing before an administrative panel is held.
• If you continue to be denied benefits, you then have the right to take your case to court.

To get the best results in this process, get an experienced Florida long-term disability lawyer on your side as soon as possible. We review your claim, gather additional evidence as needed, and communicate with insurers on your behalf. We provide the professional representation you need in appearing before the judge, the administrative panel, or in court and can make strong, effective legal arguments to help in getting your claim approved.

Contact Our Florida Long-Term Disability Lawyer Today

Insurance companies are quick to deny employer-provided long-term disability insurance claims. To protect your rights to these benefits, get the strong, professional legal representation you need at Farrell Disability Law. Call or contact our experienced Florida long-term disability lawyer online to request a consultation in our Orlando or Jacksonville office today.

Sources:

bls.gov/opub/ted/2020/short-term-and-long-term-disability-insurance-for-civilian-workers-in-2020.htm

dol.gov/general/topic/retirement/erisa#:~:text=The%20Employee%20Retirement%20Income%20Security,for%20individuals%20in%20these%20plans.

Common Types Of Chronic Headaches

Headaches can happen after a night out drinking, in times of heavy stress, after overexposure to sunlight, or from staring at computer screens. For most of us, rest and over-the-counter medicine provides relief. Unfortunately, this is not the case with some people.

According to the National Institutes of Health (NIH), millions suffer from chronic and potentially debilitating headaches that occur on a regular basis and for no obvious reason. These can impact their ability to work or engage in daily activities. They generally fall into two categories: Primary headaches, in which the headache itself is the main health condition, and secondary headaches, in which head pain occurs due to injuries, tumors, or other underlying conditions.

Primary headaches include migraines, cluster headaches, and tension headaches. Of these, migraines are among the most common and potentially disabling. The NIH reports that migraines are the 12th leading cause of long-term disability for women and the 19th for men. Symptoms of migraines include:

• Intense pain on one or both sides of the headache;
• Sensitivity to light and blurred or double vision;
• Sensitivity to noise;
• Nausea and vomiting;
• Nasal congestion;
• Feeling excessively tired;
• Cognitive symptoms, such as getting easily confused.

While migraines are among the most severe types of headaches, cluster and tension headaches can also cause severe symptoms that result in long-term disabilities as well.

Long-Term Disability Benefits For Headaches

Chronic migraines or other types of severe headaches may be considered a long-term disability if they are expected to prevent you from working for a year or longer. Long-term disability benefits may be available either through an employer-provided policy or through the Social Security Administration (SSA). Information that you will need to provide to qualify for benefits includes:

• Statements from your doctor, diagnosing your headaches as disabling;
• Medical records pertaining to diagnostic testing, treatment, and any medications or other types of care needed to manage your condition;
• A journal detailing how your headaches impact you on the job and your ability to perform certain tasks;
• Statements from you and your family explaining how your headaches impact activities of daily living.

Request A Consultation With Our Florida Long-Term Disability Lawyer

While migraines and other chronic headaches may qualify you for long-term disability in Florida, obtaining the benefits you are entitled to often proves challenging. At Farrell Disability Law, we protect your rights in filing a claim and appealing denied benefits. To request a consultation in our Orlando or Jacksonville office, contact our experienced Florida long-term disability lawyer today.

Sources:

ncbi.nlm.nih.gov/pmc/articles/PMC4590049/

ssa.gov/benefits/disability/

Long COVID is a major public health problem and a leading cause of long-term disabilities. Our Orlando long-term disability lawyer explains related conditions that are common and could make you eligible for benefits.

Long COVID: The Pandemic After The Pandemic

The COVID-19 virus wreaked havoc around the world and continues to be a major concern for public health officials. Along with the potentially life-threatening impacts of the virus itself, long COVID is referred to as ‘the pandemic after the pandemic’.

According to the non-profit Kaiser Family Foundation (KFF), long COVID is a common complication that arises after infection. It currently affects roughly 10 to 33 million adults in the United States. Chronic health conditions it causes that can result in long-term disabilities include:

• Brain fog, which involves difficulty thinking or concentrating on tasks;
• Chronic headaches;
• Chronic joint and muscle pain;
• Chronic vertigo or dizziness;
• Depression and anxiety;
• Excessive tiredness, mimicking Chronic Fatigue Syndrome;
• Heart palpitations and chest pains;
• Respiratory problems;

Long COVID may also involve damage to body organs and associated systems. This includes the heart, lungs, kidneys, and brain. Any of these or the above conditions could make it impossible to work or perform even simple household tasks.

Obtaining Long-Term Disability Benefits For Long COVID

When chronic health conditions prevent you from working, long-term disability benefits can help make up for lost income. These benefits may be available through your employer, through privately purchased policies, or through the Social Security Administration (SSA).

While long COVID is accepted as a disability by the US Department of Health and Human Services, it is still heavily scrutinized on long-term disability claims. To increase your chances of getting your benefits approved, follow these steps:

• Provide medical documentation: Have your doctor confirm that you did have COVID and that you have been seeking treatment for related-health conditions ever since.
• Detail all of your symptoms: Provide detailed information about your symptoms, listing each one and how they impact your ability to work.
• Keep a disability journal: Each day, jot down how you are feeling and the impact your symptoms have on activities of daily living (ADL).
• Seek legal guidance: Even with documentation, many long COVID disability claims end up being denied. Get an experienced long-term disability lawyer to guide you through the appeals process. 

Contact Our Florida Long-Term Disability Lawyer

At Farrell Disability Law, we understand the major impacts long COVID can have on your life and your ability to work. Our experienced Florida long-term disability lawyer helps you get the benefits you deserve. To request a consultation in our Jacksonville or Orlando office, call or contact us online today.

Sources:

kff.org/policy-watch/what-are-the-implications-of-long-covid-for-employment-and-health-coverage/

ssa.gov/benefits/disability/

hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html#:~:text=Yes%2C%20long%20COVID%20can%20be,or%20more%20major%20life%20activities.

How Likely Are You To Eventually Suffer A Long-Term Disability?

If you are young and in reasonably good health, long-term disability may seem like something that does not impact you personally. However, it is important to be aware of the facts. According to the Social Security Administration (SSA), roughly one out of every four current 20-year-olds will eventually become disabled prior to reaching retirement age.

Taking the time now to assess your risk can help ensure you are prepared for whatever the future might hold. Consider the following in determining how likely you are to eventually suffer a long-term disability:

• Your current health: Are you in reasonably good health? Do you have a family history of serious health problems? If you suffer from any chronic health conditions, are you under a doctor’s care and following all of their recommendations?
• Your lifestyle: Do you engage in extreme sports or other recreational hobbies that could increase serious injury risks? Do you smoke, overeat, ignore stress, or have other unhealthy behaviors that increase long-term disability risks?
• Your job: Do you perform dangerous tasks on your job or are you routinely exposed to hazardous substances? Do you work so much that you tend to ignore your physical or mental health? 

How Will You Deal With Lost Income?

Even if you are currently healthy and otherwise at low risk, the unexpected can still happen. Long-term disabilities can arise suddenly, preventing you from providing for yourself and your family. Consider now how you would deal with losses in income that result:

• Does your employer provide long-term disability insurance? Long-term disability benefits may be included as part of your compensation package. Review any policies you have in place now, before the need to file a claim arises. Under the Employee Retirement Income Security Act (ERISA), your employer is required to provide copies of all policy-related documents, free of charge and at your request.
• Are you entitled to Social Security Disability benefits? In addition to employer-provided coverage, you may be eligible for Social Security disability insurance (SSDI), based on your work history and whether you have a qualifying condition.
• Do you need supplemental long-term disability insurance? If you are not entitled to disability benefits through your employer or the Social Security Administration or have concerns that these would not provide enough income in the event you are unable to work, you may want to invest in a privately purchased policy.

Contact Our Florida Long-Term Disability Lawyer

At Farrell Disability Law, we help clients get the long-term disability benefits they are entitled to. For help filing a claim or appealing denied benefits, contact our Florida long-term disability lawyer and request a consultation in our Orlando or Jacksonville office today.

Sources:

ssa.gov/pubs/EN-05-10029.pdf

dol.gov/general/topic/retirement/erisa

ssa.gov/benefits/disability/qualify.html

Common Causes Of Chronic Pain

Johns Hopkins Medicine advises that pain starts in nerve receptors located throughout the body. An injury, illness, or ongoing health condition you suffer from can trigger these receptors, causing discomfort that is difficult to treat. Acute pain typically lasts for several days or weeks. When it goes on for months or years, it is considered chronic.

Chronic pain is one of the most frequent complaints that doctors deal with and leave millions of people suffering. Among the most common causes of chronic pain include:

• Accidental injuries, particularly those involving the head, back, neck, or spinal cord;
• Arthritis, which impacts more than 50 million people;
• Autoimmune diseases, such as fibromyalgia and multiple sclerosis;
• Cancer, chronic obstructive pulmonary disease, and other serious and ongoing health conditions.

Filing A Social Security Disability Claim For Chronic Pain

If you suffer chronic pain that prevents you from working for a year or longer, you may be entitled to disability benefits through the Social Security Administration (SSA). The SSA typically covers a wide range of injuries, illnesses, and chronic conditions that can result in chronic pain. However, you will have to provide thorough documentation and even then, getting your claim approved can be a challenging and time-consuming process.

The first step is to be aware that regardless of the amount of pain you are in, your disability claim will not be approved unless you can prove you have a qualifying underlying health condition. To avoid denials or delays, follow these steps:

• Report your symptoms to your doctor;
• Follow their instructions regarding diagnostic testing, treatment, and activity restrictions;
• Get a firm diagnosis of any medical conditions causing or contributing to chronic pain;
• Keep records of all medical providers you see and treatments, such as physical therapy or chiropractic care;
• Keep a journal, detailing your symptoms and how chronic pain impacts all areas of your life.

Request A Consultation With Our Florida Social Security Disability Lawyer

Be aware that when filing a Social Security disability application for chronic pain, benefits are often denied. However, you do have the right to file an appeal. At Farrell Disability Law, we provide the trusted legal guidance you need throughout this process and can help you gather the evidence needed to get the benefits you deserve. To discuss your case, call or contact our  Florida Social Security disability lawyer online and request a consultation in our Orlando or Jacksonville office today.

Sources:

hopkinsmedicine.org/health/conditions-and-diseases/chronic-pain

ssa.gov/benefits/disability/

ssa.gov/OP_Home/cfr20/404/404-1529.htm