Orlando Long-Term Disability Lawyer
If you have a disability, you might be owed benefits under a private insurance plan. Whether you have an individual health plan, or employer-based plan that is controlled by the Employee Retirement Income Security Act of 1974 (ERISA), you need to be able to access your benefits as quickly as possible. Sadly, large insurance companies rarely make things easy for vulnerable disabled people. Many valid long-term disability claims are incorrectly rejected.
At Farrell Disability Law, we help people with disabilities fight back. Our experienced Orlando long-term disability lawyer is committed to helping disabled individuals and their families recover the full and fair benefits that they rightfully deserve. If your long-term disability application was rejected by the insurance company, we are standing by, ready to help. Please contact our office today for immediate assistance with your claim.
What is ERISA?
ERISA is a federal law that regulates most (but not all) employer-sponsored group welfare plans. If you are making a long-term disability claim against an ERISA-governed plan, this law will have dramatic ramifications on your claim. For example, all ERISA claims go through federal court, and not through state courts. There are other important things that ERISA does as well, including:
- Requiring plan administrators to disclose key features of the plan;
- Setting basic standards for participation;
- Allowing ERISA beneficiaries to seek litigation for the mismanagement of the plan;
- Standardizing the disability claims and appeals process; and
- Creating legal requirements that both insurance companies and plan beneficiaries must follow.
If you are making a claim or filing an appeal against this type of plan, you need to work with an Orlando long-term disability lawyer who has experience handling ERISA cases. If your plan is not covered by ERISA, then it will be governed by different rules and regulations. If you are having any trouble getting your benefits for your non-ERISA insurance plan, then you should get a copy of your policy over to a qualified lawyer for an immediate review.
Know Why Your Claim Was Denied
There are many different reasons why your Florida long-term disability claim might have been denied. In our decades of experience serving communities throughout Florida, our legal team has seen virtually every type of long-term disability case imaginable. We know that the insurance company does not always play fair. Some of the most common reasons why we see long-term disability claims denied are as follows:
- Mistakes on the application: Long-term disability applications are difficult to complete. In some ways, the big insurance companies have designed them in that manner. A relatively minor mistake, such as failing to provide a relevant document, could end up getting your claim delayed or even denied. To get your benefits without any delay, it is best to have your application reviewed by a professional disability claims advocate.
- Disputes of the definition of ‘disability’: Defining the term ‘disability’ is incredibly complex. Different insurance policies have different definitions regarding exactly what qualifies as a disability. Many long-term disability claims are denied because the insurer does not believe that the applicant is actually disabled. Though, your insurance company certainly does not get the final say on this issue. Many insurance companies are far too aggressive in denying claims. There are many different ways to address this issue on appeal, including submitting additional medical evidence.
- Disputes over occupational applicability: Some insurance policies contain an “Own-Occupation” provision, covering people who can no longer perform the essential tasks of their previous job role. Many other insurance policies contain modifiers to the occupational applicability. Occupational applicability is a complex matter. If your long-term disability claim was denied for this reason, you should consult with a lawyer who can help you address the issue.
- Insurance company mistakes or bad faith: Finally, it must be noted that not all long-term disability claims are rejected because the applicant made a mistake or because the applicant failed to provide sufficient evidence to meet the standards set forth by the plan. In fact, in far too many cases, insurance companies make errors, even sometimes unlawfully rejecting claims in bad faith. If this happened to you or your family member, you need to work with an Orlando disability lawyer who can hold the insurance company fully accountable for their misconduct.
Get Help With Your Long-Term Disability Appeal
From the moment you get your long-term disability denial letter, you need to be ready to take legal action. Under the law, you will only have a limited amount of time to file an appeal. For example, with an ERISA-based insurance plan, you only have 180 days to submit an appeal. If you wait too long, you could lose out on your disability benefits on the grounds of a legal technicality. After the time has run out, the insurance company is no longer required to accept and review your appeal. Please do not let that fate happen to you. Take action.
You should get a copy of your long-term disability denial letter in front of an experienced Orlando long-term disability lawyer as soon as you possibly can. Your lawyer will be able to conduct a comprehensive review of your whole case to determine what needs to be done next. This includes reviewing your denial letter, your specific insurance policy, and any medical or occupation-related documents that you have in your possession. Using this information, our disability rights team will be able to assess and understand your case, and then take action to file the most compelling possible appeal on your behalf.
Contact Our Orlando Long-Term Disability Lawyer Today
At Farrell Disability Law, our Orlando disability lawyer has extensive experience handling long-term disability claims. If your application for long-term disability benefits was denied by the insurance company, please call us today at 904-388-8870 to schedule your free, fully confidential case evaluation. From our office in Orlando, we represent communities throughout the region, including in Orange County, Osceola County, Lake County and Seminole County.