No matter where (private insurer or employer) you are getting your long-term disability insurance in Florida, it can provide you with a lot of financial support in case you get disabled by a condition. The thing about private insurers and companies that offer disability insurance is that they often try to underpay the claims in order to make profits. Let’s look at the most frequently asked questions that lawyers often come across.
Can your long-term disability claim be denied if the doctor has not yet confirmed your inability to work?
Unfortunately, the answer is yes! The insurance company can deny your claim if you do not have a clearance from the doctor. But you have nothing to worry about because even claimants with a clearance get their claims rejected very often. What we believe you need in such situations, is a good lawyer who can challenge these insurance companies.
The insurance companies will most likely conduct their own medical review to determine whether you can go back to work.
Can you sue directly instead of appealing?
Well, generally, you cannot do that. There are certain administrative steps that you have to take before filing a lawsuit. So, if you are filing an ERISA-based lawsuit, it will most likely be dismissed if you did not appeal before. However, if you are a private policyholder, you can file a lawsuit directly with the help of a lawyer.
Can you earn while you get benefits?
There is no definitive answer to this. It usually depends on the type of policy you have. To give you an idea, if your insurance policy is based on a specific definition of disability, you may still be able to work in a job outside the definition. However, if the definition is broader, your income can significantly affect your disability benefits. For example, suppose a person gets a benefit of $6000 per month. If the person starts working and earns $3000, the benefit will be reduced to $3000
Lastly, suppose the insurer is trying to stonewall the claim, what happens then? Insurance companies usually tend to do that as it profits them in many ways. However, it is your right to get the benefits on time. So, if something similar is happening to you, you should get the help of a disability lawyer in Florida, as fast as you can.