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Tampa Disability Attorneys
Helping Clients Navigate Disability Insurance in Florida
When you need short-term or long-term disability benefits from your insurance company, Dabdoub Law Firm can help you obtain them. Our law firm is focused on assisting claimants like you to file disability claims, appeal denials, terminations, and even file lawsuits against insurance companies if necessary.
We have worked with nearly every major insurer across the country, so we know their tactics and how to succeed. We are so confident in our abilities that we will not charge you any legal fees unless and until you are awarded benefits.
If you are facing a debilitating medical condition, we can help you recover the benefits you deserve.
Our experienced disability insurance attorneys in Tampa are here to help you get the benefits you deserve. Call Dabdoub Law Firm today at (800) 969-0488 or contact us online to discuss your case!
What Is Disability Insurance?
Disability insurance provides financial protection to individuals who become unable to work due to a disability. A disability insurance claim is when a policyholder seeks to receive benefits from their disability insurance policy when they cannot work and earn income because of a covered disability.
Disability insurance acts as a financial safety net, offering much-needed support when accidents or unexpected illnesses occur. Understanding the nuances of these policies can be challenging, as each policy might have specific conditions that must be met to qualify for benefits. Policyholders often need guidance to navigate the complex requirements of proving a disability that aligns strictly with their policy terms, which is why legal assistance from a disability attorney is often vital.
Here's how the process typically works:
- Disability Occurrence: The first step in making a disability insurance claim is the occurrence of a qualifying disability. This must meet the criteria outlined in the insurance policy. Disabilities can be caused by accidents, illnesses, or other medical conditions, and they should be severe enough to prevent the policyholder from performing their occupation.
- Notification: The policyholder must notify their insurance company of the disability immediately. Some policies have specific time limits for reporting disabilities, so prompt notification is essential.
- Claim Forms: The insurance company will provide the necessary claim forms, which need information about the disability, medical treatment received, and other relevant details. The policyholder or their healthcare provider may need to complete these forms.
- Medical Documentation: Medical documentation, including medical records and doctor's statements, is crucial to support the disability claim.
- Evaluation: The insurance company will review the claim to assess whether the disability qualifies for benefits based on the policy terms.
- Approval or Denial: After evaluating the claim, the insurance company will either approve or deny it. If approved, the policyholder will start receiving disability benefits. If denied, the insurance company will provide reasons for the denial, and the policyholder may have the option to appeal.
- Benefit Payment: If approved, the policyholder will receive regular payments according to the terms of the policy.
- Ongoing Review: Some policies require ongoing reviews to confirm that the policyholder continues to meet the disability criteria.
It’s essential to review the terms and conditions of your disability insurance policy to understand what disabilities are covered, how benefits are calculated, and any waiting periods before benefits are payable. The process can vary depending on the insurance policy and company, so policyholders should work closely with their provider to ensure a smooth claims process.
Here’s how we at Dabdoub Law Firm can assist with your long-term disability insurance claim:
- Understanding the Complexities of Your Disability Policy: We can help you understand the fine print of your disability insurance policy. Insurance policies are often written in technical and confusing language, which makes it difficult to grasp what you're entitled to. Our experience allows us to clarify the terms, conditions, and definitions within your policy so you fully understand your rights and obligations.
- Gathering and Presenting Strong Evidence: We work closely with you and your treating providers to gather all the necessary medical records, doctor statements, and other supporting documentation to strengthen your claim. Insurance companies often require extensive evidence to prove the severity of your disability, and we know how to present this information in a way that best supports your case.
- Communicating and Negotiating with Disability Insurance Companies: Dealing with disability insurance companies can be intimidating and frustrating. They may deny or delay your claim, even when it's valid. We take over all communication with the insurance company, ensuring they treat your claim fairly and comply with the law. If negotiation is necessary, we advocate strongly to secure the benefits you deserve.
- Filing Appeals for Denied Claims: If your long-term disability claim is denied, we can guide you through the appeals process. We will identify the reasons for the denial and address them directly. Our team is skilled at building compelling appeal cases, increasing the likelihood of overturning the decision and getting your benefits approved.
- Litigating When Necessary: If your claim is not approved on appeal, we have the expertise to take your case to court. As experienced disability insurance lawyers, we know how to build a strong case and represent you effectively in litigation to fight for the benefits you are entitled to.
- Providing Peace of Mind: Navigating a long-term disability insurance claim can be overwhelming, especially when you are already dealing with a challenging medical condition. By handling every aspect of your claim, we take the burden off your shoulders so you can focus on your health and well-being.
Our Tampa long-term disability attorneys are dedicated to fighting for people like you who need and deserve disability insurance benefits. Our expertise and commitment are here to support you every step of the way.
Why Was My Benefits Denied?
Disability insurance claims can be denied for various reasons. While the specific criteria for denial may vary depending on the insurance policy and the insurance company, there are common reasons why disability insurance claims are often denied:
- Lack of Sufficient Medical Evidence: Disability insurance claims typically require strong medical evidence to support the disability. If the documentation provided by the claimant is insufficient or does not demonstrate the severity and impact of the disability on their ability to work, the claim may be denied.
- Pre-existing Conditions: Some disability insurance policies may exclude coverage for pre-existing conditions for a certain period after the policy is initiated. If the disability is related to a condition that existed before the policy's effective date or during this exclusion period, the claim may be denied.
- Waiting or Elimination Period: Many disability insurance policies have a waiting or elimination period, which is a specific period of time during which the policyholder must be disabled before they are eligible for benefits. If a claim is filed during this waiting period, it will likely be denied.
- Failure to Meet the Policy's Definition of Disability: Insurance policies often define what qualifies as a disability. The claim may be denied if the claimant's condition does not meet this definition. Some policies require that the policyholder be unable to perform their occupation, while others may require an inability to perform any occupation.
- Non-Disclosure or Misrepresentation: If the policyholder fails to disclose relevant information or misrepresents their health or medical history when applying the insurance company may deny the claim based on material misrepresentation.
- Not Under the Care of a Physician: Many disability insurance policies require the policyholder to be under the regular care of a physician. The claim may be denied if the claimant is not following prescribed medical treatment or actively seeking medical care.
- Inconsistent Information: Inconsistencies in the information provided by the claimant, medical records, or the claimant's statements may raise red flags and result in a denial. It's essential to be consistent and truthful throughout the claims process.
- Disability Caused by Exclusions: Some insurance policies have specific exclusions for certain types of disabilities or injuries, such as self-inflicted injuries, war-related injuries, or injuries sustained while engaging in high-risk activities. If the disability falls under one of these exclusions, the claim will likely be denied.
- Failure to Meet the Policy's Waiting Period: Apart from the earlier elimination period, disability insurance policies may have waiting periods that need to be satisfied. The claim may be denied if the claimant returns to work before this period.
- Procedural Errors: Failing to adhere to the claims process, missing deadlines, or not providing required documentation can result in denial. It's essential to follow the insurer's procedures carefully.
If your disability insurance claim is denied, you typically have the right to appeal the decision. It may involve providing additional evidence, clarifying information, or addressing the reasons for the denial. Seeking legal advice or assistance from our team at Dabdoub Law Firm can be helpful in this situation.
Disability Claims in Tampa, Florida
With a population of about 392,800, Tampa is the third-largest city in Florida and the 53rd-largest city in the United States. Tampa is a port city, and its economy is based on shipping, tourism, agriculture, construction, finance, health care, government, and technology.
Top employers in Tampa include:
- Publix Super Markets Inc.
- BayCare Health Care Systems
- Wal-Mart
- Verizon Communications Inc.
- TECO Energy Inc.
- Times Publishing Co.
- Lakeland Regional Medical Center
- Caspers Co. (McDonald’s)
- Bealls
- OSI Restaurant Partners, LLC
- KnowBe4, Inc.
- Power Design
- Progressive Insurance
- Capital One
- J.P. Morgan
Many businesses listed above provide disability insurance to their employees through top insurance companies like Aetna, CIGNA, Hartford, and more. Tampa is also home to countless doctors, lawyers, and self-employed professionals, who often purchase private disability insurance from the same companies. If you pay for disability insurance via your employer or a private plan, you are entitled to benefits if a qualifying medical condition prevents you from working.
The Employee Retirement Income Security Act of 1974 (ERISA) established this rule and several others. Because ERISA is a federal law, your claim could be made to the Second District Court of Appeal in Lakeland, Florida. Nevertheless, our team will likely resolve your claim before it even reaches litigation, saving you the trip out of town.
Lawyers Specializing in Disability Insurance Claims
Disability insurance law is complicated, so you need legal help from a lawyer focusing exclusively on disability claims.
As a law firm built to focus on disability insurance, Dabdoub Law Firm specializes in disability insurance. We work every day to get our clients’ long-term disability benefits approved.
Because federal law applies to most disability insurance claims, so we do not have to be in your state to help.
If your claim for long-term disability benefits was denied or an insurance company is delaying your claim, contact us to speak with a disability insurance attorney today.
We represent clients across the U.S. while they:
- Submit disability insurance claims
- Appeal long-term disability denials and terminations
- Negotiate lump-sum settlements
- File lawsuits against their disability insurance companies
Local Laws Impacting Disability Insurance in Tampa
Florida's laws regarding disability insurance claims are influenced by both state-specific regulations and federal laws like the Employee Retirement Income Security Act (ERISA). Understanding these local regulations is essential for Tampa residents filing for disability benefits. In Florida, individual disability insurance policies are governed by state insurance law, which provides guidelines on policy issuance, premium payments, and claims procedures. However, group disability policies provided by employers often fall under ERISA, offering another layer of complexity.
Local regulations may influence claims processing, potentially affecting timelines and documentation requirements. For instance, Florida insurers must adhere to prompt claims handling practices, ensuring they acknowledge receipt of a claim and make decisions within a reasonable timeframe. This obligation can work in favor of policyholders in Tampa who might face delays. Residents must consult professional legal advice from a Tampa disability attorney to navigate these complexities, ensuring that claims are filed correctly and efficiently.
Tampa's Economy & Disability Claims
Tampa’s diverse economy impacts the scope and nature of disability claims processed within the city. With industries ranging from healthcare to finance and tourism, employees may face different challenges related to disability. For example, workers in physically demanding jobs might be more prone to specific injuries or conditions affecting their claims. Understanding these industry-specific risks is vital for processing claims effectively and securing the necessary support for each claim.
The influx of tech companies and startups in Tampa also introduces new dynamics in disability coverage, as many new enterprises offer varied benefits compared to established companies. This shifting landscape makes it essential for claimants to comprehend the specifics of their policies, especially as they relate to newer, tech-focused employment sectors. At Dabdoub Law Firm, we tailor our services to meet the diverse needs of Tampa’s workforce, ensuring informed and empowered clients.
Contact Dabdoub Law Firm to speak with an experienced disability lawyer in Tampa and get the legal support you need for your claim!
Frequently Asked Questions
What Should I Do If My Disability Claim Is Denied?
If your disability claim is denied, it's crucial to act promptly. Start by reading the denial letter to understand the reasons for the decision. Gathering additional documentation and evidence can strengthen your appeal. This may include updated medical records, physician statements, or any new information that supports your claim's validity.
You typically have the right to appeal the denial, but be mindful of deadlines, as insurance companies often set specific time frames within which you must file an appeal. Engaging a legal advisor experienced in handling disability claims can significantly enhance your chances of a successful appeal. Our team at Dabdoub Law Firm is adept at navigating these complex processes and can provide the necessary support and guidance to strengthen your appeal and help secure the benefits you deserve with a knowledgeable disability attorney in Tampa.
How Can I Prove My Disability for Insurance Purposes?
Proving a disability for insurance purposes requires comprehensive and detailed documentation. Start by maintaining thorough medical records that outline your diagnosis, treatment plans, and any medical opinions regarding your condition. Regular consultations with healthcare providers can reinforce the severity and impact of your disability.
It's crucial to demonstrate how your condition prevents you from performing your job duties. This can be achieved through employer statements, job descriptions, and direct comparisons between your job requirements and physical or mental limitations. An experienced legal team can assist you in assembling these crucial pieces of evidence effectively. At Dabdoub Law Firm, we help clients compile the necessary documentation that substantiates their claims, ensuring that insurance companies receive a complete and compelling picture of the claimant’s limitations and needs, facilitated by a disability lawyer in Tampa.
What Is an ERISA Governed Disability Plan?
The Employee Retirement Income Security Act (ERISA) governs most employer-sponsored disability insurance plans. This federal law establishes standards and protections for individuals participating in these plans. ERISA aims to protect the interests of employees by ensuring they receive the benefits they are entitled to and mandates that insurance companies adhere to fair practices.
For those filing disability insurance claims under an ERISA-governed plan, the process includes specific procedural requirements. These plans are subject to federal oversight, which can impact everything from how a claim is filed to how disputes are resolved. Having a knowledgeable attorney is invaluable because of the complexity and specificity involved. At Dabdoub Law Firm, we provide experienced legal representation to confidently guide our clients through the ERISA claims process, leveraging a skilled disability attorney in Tampa.
How Long Does It Take to Receive Benefits After Approval?
Once your disability benefits are approved, the timeframe for receiving payments can vary based on several factors, including the insurance company’s procedures and whether any applicable waiting or elimination periods apply. Typically, benefits may begin several weeks after approval once all administrative requirements are fulfilled.
Understanding the specific terms of your policy regarding the payment start date is critical. It might be beneficial to contact your insurance provider to ensure all necessary paperwork is processed correctly and efficiently. At Dabdoub Law Firm, we assist our clients in understanding their policy terms and keep them informed of their rights and the expected timelines for receiving benefits. This helps manage expectations and ensures claimants are prepared for any potential delays, with the guidance of a dedicated disability lawyer in Tampa.
What If I Can Only Work Part-Time Due to My Disability?
If you can only work part-time due to your disability, it’s essential to understand how this affects your disability benefits. Some disability insurance policies cover partial disabilities or allow for partial payment if the claimant can work in a limited capacity. The terms for receiving these benefits can vary, often requiring proof that your earning capacity is significantly impacted.
Policies typically include specific definitions and thresholds for what constitutes a partial disability, so reviewing your policy details or seeking professional guidance is essential. At Dabdoub Law Firm, we help clients navigate these scenarios, ensuring that their partial disability is appropriately recognized and that they receive the benefits they are entitled to, even if they can work part-time, supported by a knowledgeable Tampa disability attorney.
Client Success Stories
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“Eddie and the team are very responsive and take the time to explain the process well and guide clients through it all.”- Jimmy
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“Excellent professional services from a law firm specializing in disability.”- Alberto
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“This is a law firm that cares about their clients’ interests and how they treat their clients.”- Tahara
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“Dabdoub Law Firm did everything they could to get me back on claim, and when that didn’t succeed, to get me the best outcome possible.”- Cindy
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“Eddie and his team at Dabdoub Law are knowledgeable, efficient, and empathetic.”- Brad
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“What stood out the most for me was how caring he was during this difficult time in my life.”- Jesus
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“They fought for me like I was family and never left my side even during the hard days.”- Tee
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