Disability Insurance Claim Denial & Appeal Lawyers in Fort Lauderdale
Holding Insurance Carriers Accountable Throughout South Florida
Did you know that a majority of disability insurance claims nationwide are denied in the initial application process? Even if claims are appealed and lost, a high percentage end up getting approved when a second appeal is filed. The scales will tip even more in your favor if you have an experienced legal team by your side fighting to protect your rights and making sure you get the benefits you deserve.
At the Law Offices of John D. Ameen, P.A., we have a proven track record throughout South Florida of obtaining fair recoveries for our clients. Our founding attorney, John Ameen, has successfully resolved disability insurance disputes for over 20 years through negotiation, when necessary, through aggressive litigation. We can review your policy and help gather the necessary documentation to build a winning claim.
Call (800) 953-2858 now to schedule your free consultation with the Law Offices of John D. Ameen, P.A.
Why Choose the Law Offices of John D. Ameen, P.A.?
As a small boutique law firm, we provide a level of personal attention and care that is difficult to find at larger firms. We believe that tremendous physical, emotional, and financial hardship should be met with compassionate counsel and aggressive advocacy.
We assist disability insurance claimants with any issues that may arise in the claims application and appeals processes. The Law Offices of John D. Ameen, P.A. has the knowledge and resources to fight for the best possible outcome for you and your family.
Our team does this through:
- Gathering medical evidence to prove your disability
- Guiding you through the steps of filing a claim or appeal
- Prosecuting bad faith insurance company practices
Holding Insurance Companies Accountable for Denied Disability Claims
If your disability claim was denied, the insurance company may have breached their contract, meaning you can sue them directly in state or federal court. You can pursue a bad faith lawsuit if you believe the insurance company engaged in unfair practices to deny or delay your claim.
Examples of bad faith practices include:
- Deliberate misinterpretation of records or policy language to avoid coverage
- Failing to thoroughly investigate a claim in accordance with the company’s procedures
- Misclassifying disability
- Trying to settle your claim for less than what a reasonable person would expect to receive (offering a “lowball” settlement)
Understanding Disability Insurance
According to national Social Security statistics, 56 million people nationwide suffer from physical, psychological, or emotional disabilities. If someone can no longer earn a paycheck on their own due to an unfortunate injury or illness, disability insurance—also known as income replacement benefits—can provide a much-needed lifeline. Unfortunately, it’s not always easy to retrieve the benefits to which you are entitled.
Common conditions that qualify as disabilities include:
- Physical disabilities, such as arthritis, spine, neck and back disabilities, carpal tunnel, nerve impingement
- Mental and emotional disabilities, including anxiety disorders, post-traumatic stress disorder (PTSD), depression and cognitive impairments
- Nervous system disabilities and chronic pain disabilities, including reflex sympathetic dystrophy (RSD), fibromyalgia and chronic fatigue syndrome
- Disabling diseases such as HIV/AIDS, lupus, ALS, cancer and Parkinson’s disease
Employer Disability Insurance (ERISA)
If you need long-term disability benefits from your employer, an attorney can greatly help you get approval through the Employee Retirement Income Security Act of 1974 (ERISA). ERISA is a complex federal law that was designed to protect employees’ access to disability in the event of a serious injury or prolonged illness.
Our firm can help you understand the complicated requirements and strict deadlines imposed by ERISA. We can also help you deal with ERISA’s plan administrators, which are usually large insurance companies.
The ERISA Appeals Process
If your ERISA claim has been denied, the insurance company must provide a detailed explanation in writing as to why the claim was denied and information on the appeal process. To appeal the denial, you must exhaust all administrative remedies before filing a lawsuit. You have 180 days to file an appeal in writing. If you do not, you may never be able to introduce documentation to prove your disability.
John D. Ameen, P.A. can help you meet this deadline and gather evidence to help your case. This may include:
- Comprehensive financial, employment, and medical records
- Physician’s letters
- Statements of co-workers, colleagues, and friends
Contact Us Today for a Free Consultation
Whether you need help filing your initial disability claim or wish to appeal a denied claim, our firm stands ready to help you navigate the process of recovering your rightful benefits. Our Fort Lauderdale disability insurance lawyers can answer your questions and provide you with the information you need to proceed.
Frequently Asked Questions About Disability Insurance?
When am I considered disabled?
The Social Security Administration (SSA) considers a person to be disabled if they cannot perform a “substantial gainful activity” for work because of a “medically determinable” impairment, which can be either mental or physical. Disabilities are also usually an impairment that has lasted or will likely last for one year, or that could cause death if untreated or due to its natural progression. This definition is usually what applies to privately provided disability insurance.
When do disability benefits start?
Typically, you must have been considered disabled for five months before can qualify for disability payments from the SSA or a similar insurance plan. During the sixth month of disability, you can expect to see your first disability payments sent to you biweekly or monthly.
How long are disability benefits paid?
What additional benefits are available?
Your disability might make you eligible for benefits other than wage replacement benefits, such as Supplemental Nutrition Assistance Program (SNAP) benefits and Medicaid benefits. The extent and type of your disability will affect what other benefits you can receive, as will the details of the disability insurance plan providing your wage replacement benefits.
What if I need to file a claim?
“My family loves John as our lawyer.”- Yvolon
“Great personal injury attorney.”- Anthony
“John Ameen is a great attorney who wins.”- Cindy
Experienced Former Insurance Defense Attorneys on Staff
Spanish & Creole Language Options Available for Clients
Direct Attorney Access, Flexible Hours & 24/7 Call Answering
Millions of Dollars Recovered from Insurance Companies
Personal, Individualized Attention for Each of Our Clients
Passion for Making Sure that Every Client is Compensated Fairly
Let us help you recover the financial compensation you need to get your life back on track. Schedule a Free Consultation - Programe un consulta gratis - Fè yon konsiltasyon gratis.