Dedicated ERISA Disability Lawyers Serving All Of Florida
You may have purchased a short or long-term disability insurance policy or might be part of a disability plan through your employer, union, trade association for just one reason – to provide you with financial peace of mind if you became disabled and unable to work. Our Florida ERISA Disability Lawyer is here to help you navigate the ins and outs of these policies when you are denied.
My father, a naval aviator who flew combat missions in the Pacific during World War II, purchased an individual disability policy from USF&G never thinking he would need to stop work and apply for disability benefits. His disability and subsequent death turned our life upside down.
Even though he was an insurance agent. I don’t think he knew or even appreciated the terms of his disability policy or the traps and games that were waiting for him when he filed a claim. My father believed that USF&G would honor the promise USF&G made to him to pay his disability benefits and they did honor their promise to him.
Things have changed since the 1970’s. The deck is now stacked against you and the disability carriers and plans have many tools in their denial and termination toolbox There are many myths about disability carries or plans that play into the carrier or plan’s hands:
- My employer or my insurance agent offered me the best disability plan or policy available.
- I’m on a level playing field with a disability plan or disability carrier.
- I just need to fill out the disability forms and the disability plan or disability carrier will Fed-Ex me a check the next day.
- I don’t need help to get my benefits. All I need to do is to fill out the forms honestly, have my doctor fill out the Attending Physician Forms or write a letter supporting my claim and have a nice friendly chat with the claim handler.
- If my claim is denied or my benefits are terminated, the disability appeal process is fair and unbiased.
- If I write my appeal letter, the disability plan or carrier will see the light of day and reinstate my benefits and pay me all that I am owed.
- The disability carrier or plan has lots of money and will offer me a great settlement of my benefits.
- My divorce will and estate, personal injury, workers’ compensation or social security attorney can help me get my disability benefits. Any attorney will do!
None of those myths are true.
Worse yet, the federal statute ERISA which governs most disability plans and policies is very unfriendly to disability plan participants. You have limited rights under ERISA, a standard of review that federal judges must use that can tie their hands when it comes to overturning a wrongful denial or termination and limited rights to get behind the reasons used to justify the denial or termination of your benefits.
The Florida state law, which governs a disability plan offered by a city, county, school board or State of Florida or an individual disability policy you purchased through an independent insurance agent is better than ERISA. However, the Florida legislature just passed a law that eliminates your right to ask the court to award your attorney fees if you beat the disability plan or insurance carrier in court.
You need help now! If you are having problems at work, if your doctor has told you to stop work, if you are having a hard time with the disability plan or carrier, if your claim has been denied, or your benefits terminated, it is time to have a non-obligation with the lawyers at Cavey Law to learn more about your right to your disability benefits.
Free Consultation By A Nationally Recognized Florida ERISA Disability Lawyer
Don’t believe the myths that can lead you to make crucial mistakes in the application and appeal process. Remember, if your ERISA disability benefits have been denied or terminated, you’ll only have 180 days to file an appeal of your claim. The appeal is the trial of your case!
What about an individual disability policy? What you say on the carrier claim forms or what is in your medical records can make or break your claim.
We want to help you today! Contact us at 727-894-3188 to request your free no no-obligation consultation to learn more about your rights to your Florida ERISA or individual disability insurance rights.