Five Steps For Winning A Florida Long-Term Disability Appeal
Long-term disability benefits in Florida are often available through your employer and can help offset lost earnings if a chronic health condition, accidental injury, or serious illness prevents you from working. Unfortunately, denials are common, and while you have the right to file an appeal, it is important to take immediate action. Our Jacksonville long-term disability lawyer advises taking the following five steps to protect your rights and get the benefits you are entitled to:
- Thoroughly review your denial letter.
Over three million people throughout the Sunshine State suffer from some type of disability, according to the Florida Department of Health. When your condition prevents you from working, employer-provided disability benefits provide a lifeline.
When filing a claim, always open any correspondence you receive from the insurance company immediately. If you receive a denial letter, pay close attention to the date, the reasons for denied benefits, and the deadline for filing an appeal.
- Request copies of your policy and your disability claim file.
One of the first things you should do when unable to work is to request a copy of your long-term disability (LTD) policy. Under the Employee Retirement Income Security Act of 1974 (ERISA), you have a right to copies of all policy-related documents, free of charge and at your request.
You should also request a copy of your long-term disability claim file. You generally have a right to see what is included, such as internal communications or emails, which could be used when filing an appeal.
- Enlist the help of medical providers.
Get your medical providers on your side when filing a long-term disability claim in Florida. They should provide a firm diagnosis of your condition, how it impacts your ability to work or engage in other activities, and a prognosis for the future. If your doctor is uncooperative, downplays the situation, or fails to provide formal statements and other documentation required by insurers, get someone else.
- Address every reason your claim was denied.
When reviewing your denial letter, look for specific reasons why the insurer is denying your claim. Gather medical records, statements from you and your family, and other evidence to dispute each reason and affirm why you are entitled to benefits.
- Get professional legal help.
Long-term disability benefits help ensure you can continue to provide for yourself and your family when you are unable to work. Insurers rely on various tactics to deny claims and fight appeals. To protect your rights and get the maximum benefits you are entitled to in the quickest amount of time possible, get our experienced Florida long-term disability lawyer on your side.
Request A Consultation With Our Florida Long-Term Disability Lawyer Today
Farrell Disability Law provides the caring support and experienced, trusted legal guidance you need when filing a long-term disability claim in Florida or appealing denied benefits. 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:
floridahealth.gov/programs-and-services/people-with-disabilities/disability-and-health-program/DHP2021DataReport.pdf
dol.gov/general/topic/health-plans/erisa#:~:text=The%20Employee%20Retirement%20Income%20Security,for%20individuals%20in%20these%20plans.