If you’re a Florida resident and your long-term disability claim has been denied, it can be incredibly overwhelming. You may feel like no one understands what you’re going through, but the reality is that many people struggle with similar issues when their benefits are denied. Although it may seem like hope is lost, there is actually a lot that you can do to appeal the decision and possibly even receive the benefits you need and deserve.
If your long-term disability claim has been denied in Florida, the experienced attorneys at Herman & Wells can help you explore all of your available options and fight for the benefits that you need and deserve. With decades of experience in disability law, our team will use their knowledge to effectively advocate for a favorable outcome on your behalf. Contact us today to learn more about what we can do for you.
In this blog post, we’ll discuss all of the options available so that you have an understanding of your rights and how best to proceed if your long-term disability claim has been denied. Read on for more information!
The Cliff Notes: Key Takeaways From This Post
- When appealing a denied long-term disability claim in Florida, it is important to review the denial letter and any supporting documentation to understand why the initial decision was made and assess the accuracy of any information referenced within it.
- Working with an experienced ERISA lawyer who understands how to navigate these complicated cases is essential in order to ensure that you receive any benefits due under your policy as soon as possible.
- Contact Herman & Wells today for a free consultation if you have been denied long-term disability in Florida. Our experienced attorneys are dedicated to helping individuals navigate the appeals process.
Why Was Your Long Term Disability Denied?
Reasons for long-term disability denial in Florida can vary widely depending on the specific circumstances. Some of the most common reasons include failing to meet the definition of “disabled”, failing to provide sufficient evidence of a disability, or having an existing medical condition that is considered pre-existing and thus not eligible for coverage. Other possible reasons for claim denial can include:
- Not filing the correct paperwork
- Failing to meet a deadline for submitting evidence or forms
- Not providing medical records that establish your disability
Time Limits To File An Appeal
If you have been denied long-term disability benefits, it is important to understand the time limits for filing an appeal. If your disability plan is governed under the Employee Retirement Income Security Act (ERISA), you have 180 days from the date of their claim denial to file an administrative appeal.
However, you must read the denial letter and the policy to be sure of the time limits on your particular case. It is essential that claimants act quickly and efficiently if they are to receive the benefits they need and deserve.
Gathering Evidence For The Appeal
It is important to consider what evidence you need for your appeal and how best to address any potential issues with your application or denial. All disability claims are different. What evidence is needed depends on your disability and your plan. It is important to note that in an ERISA claim if the proper evidence is not submitted on the appeal, there is a good chance you will not be able to provide it after filing a lawsuit. A long-term disability attorney can help guide you through this process, ensuring that all documentation and evidence are properly gathered and presented in order to support your claim.
Do You Have Grounds To File A Lawsuit Following Your Denial?
Under the Employee Retirement Income Security Act (ERISA), if your long-term disability claim gets denied, you must file an appeal before you file a lawsuit. It is best to file an appeal with the help of a lawyer. If all your appeals are done and you still don’t get approved, then you can file a lawsuit against the insurance company.
No matter what path you choose, it’s important to consult an experienced long-term disability attorney who understands the disability laws and regulations under ERISA and in the State of Florida. They can help you determine the best course of action, while also helping to gather evidence and present your case effectively.
Coping with Financial Hardship During The Appeal Process
Filing an appeal can be a lengthy process, and it can be difficult to cope with the financial hardship that comes from being denied benefits. Fortunately, there are some steps you can take to make ends meet while waiting for your appeal to go through:
Government Programs Or Other Forms Of Assistance
There are government-backed forms of assistance like food stamps, Medicaid, or subsidized housing that could help reduce your financial burden as you’re going through the appeals process.
Seek Help From Family And Friends
If you have family or friends who are able to provide assistance, don’t be afraid to ask for help.
What The Insurance Company Needs To Provide After Denying Your Long Term Disability Claim
If your disability plan is governed by ERISA and an insurance company denies your long term disability claim, they must provide the following information:
- A full and fair review of your claim
- Upon request, a copy of the plan document and any other documents used to make their decision
- A letter that provides:
- An explanation of the decision, including why it was reached and which provisions of the plan were applied in making the decision
- A list of any additional information they may need to complete the review process
- An explanation of your rights under ERISA law
- An explanation of your right to appeal the decision, the period of time you have to do so, and how and where to send the appeal.
If an insurance company fails to provide this information, contact an experienced disability attorney to discuss your options. It is essential for those filing an appeal following a denied long-term disability claim to review the denial letter and any supporting documentation.
What Happens If You Miss The Deadline To Appeal The Denial?
If you miss the deadline to appeal the denial of your long-term disability claim, it’s important to contact an experienced attorney for assistance.
Missing the appeal deadline may result in you losing the right to receive any of the benefits due under your policy. If this is the case, then it is essential to seek legal advice as soon as possible.
Was Your Long Term Disability Denied? Talk To An Experienced ERISA Lawyer
Being denied long-term disability can be a difficult and overwhelming experience. Also overwhelming is the appeal process as the entire case hinges on what is submitted in the appeal.
Ultimately, working with an experienced ERISA lawyer who understands how to navigate these complicated cases is essential in order to ensure that you receive any benefits due under your policy as soon as possible.
At Herman & Wells, our experienced attorneys are dedicated to helping individuals in Florida navigate the appeals process when their long-term disability claims have been denied. Call (727) 821-3195 for a free consultation today! We’ll review your case and explain any potential legal options that are available to you.