Miami-Dade Disability Lawyers
You Deserve Disability Benefits & Experienced Representation
Dabdoub Law Firm is a legal team of long-term disability benefits attorneys that help people all around the country with disability claims, including Miami-Dade, Florida. Because this law firm has always focused on disability insurance claims, we can help at any stage of the disability claims process, such as:
- Submitting a disability insurance claim
- Appealing a long-term disability denial
- Negotiating a lump-sum settlement
- Filing a lawsuit against your disability insurance company
Not only are we well-versed in disability insurance laws and ERISA, but similar rules specific to Florida are second-nature to our team as well.
You can depend on Dabdoub Law Firm for:
- Disability claim management
- Disability appeals
- Disability litigation
- Negotiating lump-sum settlements
- Representation for ERISA claims
The long-term disability and short-term disability insurance lawyers you can find at our firm are capable of representing you in state and federal court. Throughout our years of experience, we have also helped clients deal with every major insurance company in the country, so no opposition can surprise us.
Live in Miami-Dade and need a long-term disability lawyer? Call (800) 969-0488 now for a free consultation.
Long-Term Disability Benefits Claims We Can Manage
It is our goal to make certain people from all walks of life throughout Miami-Dade and the surrounding regions of Florida get the disability insurance they deserve. Our lawyers are truly passionate about representing people in need and facing difficulty due to disability law complexities or the pushback of insurers.
We can help you if you belong to essentially any occupation, such as:
- Accountants
- NFL stars
- Office managers
- Other lawyers
- Pharmacists
- Physicians
- Pilots
- Sales managers
- Self-employed individuals
- Teachers
By becoming familiar with the medical, scientific, and technological details of all types of disabilities, we are capable of managing any claim that begins with practically any medical condition.
Examples of medical conditions that commonly lead to disability claims include:
Would you like to know more about our long-term disability attorneys in Miami-Dade? We would like to hear from you!
Do I Qualify for LTD Benefits?
Under Florida law, the qualifications for long-term disability (LTD) benefits are similar to those in other states but with some specifics that apply to Florida residents. To qualify for LTD benefits in Florida, here’s what you generally need to meet:
- Disability Definition: Your disability must meet the specific definition outlined in your insurance policy. Typically, this means that you are unable to perform your job duties or, in some cases, any job for which you are reasonably qualified, based on education, experience, and training.
- Medical Proof of Disability: You are required to provide detailed medical documentation that supports your disability claim. This includes medical records, diagnostic tests, and physicians' reports that clearly indicate your condition prevents you from working.
- Employment and Insurance Coverage: You must be actively employed and covered by the long-term disability insurance plan at the time the disability occurs. If your coverage comes through an employer, you must have been a participant in the employer's plan.
- Elimination (Waiting) Period: Florida long-term disability plans typically have an elimination period, which is a period of time you must wait (often 90 to 180 days) after becoming disabled before you can begin receiving benefits. During this time, you may need to rely on short-term disability or other financial resources.
- Policy-Specific Conditions: Each LTD policy may contain unique terms, such as limitations on certain types of conditions (e.g., mental health disabilities may be limited to a certain number of months), as well as exclusions for pre-existing conditions. Review your policy carefully to understand these specifics.
- Filing a Claim: To apply for LTD benefits, you must follow the insurer’s specific claim process. This includes submitting claim forms, medical evidence, and any other documentation required by the insurer. You may also need to undergo an independent medical examination at the request of the insurer.
- Continued Monitoring: Even after being approved for benefits, you may be required to submit ongoing medical reports or undergo periodic evaluations to confirm that your condition continues to meet the policy’s disability standards.
Florida also recognizes the Employee Retirement Income Security Act (ERISA) for employer-provided long-term disability benefits, meaning federal law may also apply if your benefits are offered through an employer-sponsored plan. Consult an experienced Miami-Dade disability attorney to help navigate these rules and maximize your benefits.
Why Has My Claim Been Denied?
Denial of long-term disability benefits can be a frustrating and challenging experience for individuals who rely on these benefits to support themselves when they are unable to work due to a disability.
While specific reasons for denial can vary depending on the insurance policy and the circumstances of each case, the following are several common reasons for the denial of long-term disability benefits:
- Insufficient Medical Evidence: One of the most common reasons for denial is a lack of sufficient medical evidence to support the claim. Insurance companies often require comprehensive medical documentation from healthcare providers to establish the severity and duration of the disability. If the medical records are incomplete or do not clearly demonstrate the disability's impact on the person's ability to work, the claim may be denied.
- Pre-existing Conditions: Some insurance policies exclude coverage for pre-existing conditions or have waiting periods before such conditions are covered. If the disability is related to a pre-existing condition, the claim may be denied if it falls within these exclusionary periods or if it's determined that the condition was not adequately disclosed during the application process.
- Failure to Meet the Definition of Disability: Insurance policies typically define disability in specific terms. If the disability does not meet the policy's definition or if it is not severe enough to prevent the insured from performing their job, the claim may be denied. Commonly, policies may require that the disability prevents the insured from performing the duties of their own occupation or any occupation.
- Missed Deadlines: Insurance companies have strict deadlines for filing claims, providing documentation, and appealing denials. Failure to meet these deadlines can result in the automatic denial of the claim. It's essential to be aware of these deadlines and adhere to them closely.
- Non-Cooperation: If the claimant fails to cooperate with the insurance company's requests for information, medical exams, or other required processes, the claim may be denied. It's crucial to follow through with all requests promptly and honestly.
- Change in Medical Condition: Some LTD policies require ongoing medical documentation to prove that the disability continues to exist. If there is a lack of updated medical evidence to support the ongoing disability, the insurance company may deny the claim.
- Policy Exclusions: Insurance policies often contain various exclusions and limitations. Common exclusions include disabilities caused by self-inflicted injuries, drug or alcohol abuse, or injuries sustained while engaging in certain activities. If the disability falls within these excluded categories, the claim may be denied.
- Misrepresentation or Fraud: If the insurance company discovers that the claimant provided false information during the application process or misrepresented their medical condition, the claim may be denied. This includes failure to disclose pre-existing conditions or previous disabilities.
- Conflict of Interest: In some cases, insurance companies may deny claims as a result of a conflict of interest, especially when the insurance company both funds and administers the disability plan. Such conflicts can lead to biased decision-making.
- Administrative Errors: Sometimes, claims may be denied due to administrative errors made by the insurance company, such as lost paperwork or processing mistakes. In such cases, an appeal or review process may be necessary to correct the error and obtain the benefits.
When faced with a denial of long-term disability benefits, it's crucial to review the denial letter carefully, understand the specific reasons for denial, and consider appealing the decision. Consulting with our experienced legal team can be invaluable in navigating the appeals process and increasing the chances of a successful outcome.
Why Choose Dabdoub Law Firm for Your ERISA and Long-Term Disability Case
Dealing with a long-term disability can be incredibly challenging, both physically and emotionally. It can be even more difficult to navigate the complex legal system to obtain the disability benefits you deserve. At Dabdoub Law Firm, we understand the hardships faced by our clients and are committed to providing experienced and compassionate representation every step of the way.
Here are some reasons why we are the top choice for ERISA and long-term disability cases in Coral Gables and beyond:
- Proven Track Record: Our team of attorneys has a proven track record of success in handling complex ERISA and long-term disability cases. We have helped countless clients obtain the benefits they deserve.
- Expertise: Our attorneys specialize solely in ERISA and long-term disability cases, which means we have a deep understanding of the laws and regulations that govern these cases.
- Personalized Attention: We take the time to listen to our clients' unique needs and concerns and tailor our representation accordingly. Our clients work directly with their attorney throughout their case.
Don't wait to get the legal representation you deserve. Speak with one of our experienced ERISA and long-term disability attorneys.
Call (800) 969-0488 to talk with a team member about your own disability claim. Or, fill out an online contact form and we will get back to you as soon as we can.