DI Law Group Firm News & Events
Palm Beach

December 2011 Archives

Will Your Disability Insurance Benefits End When The Definition Of Disability Changes?

Under many disability insurance policies the definition of disability that you must satisfy in order to receive continued disability income benefits changes after as little as 12 months of your claim being paid. Most disability insurance policies begin with what is called an "own occupation" definition of disability, and then change to an "any occupation" definition of disability. This is a very significant occurrence in your disability insurance claim and another common tactic used by disability insurance companies to scrutinize your claim. We regularly see disability insurance companies utilizing this change in definition as an opportunity to terminate payment of benefits. In fact, this is one of the most common reasons that we are contacted by claimants seeking representation against their insurance company by a knowledgeable attorney.

Denial Tactics Used By Insurance Companies to Deny Your Long-Term Care Insurance Claim

Long-Term Care Insurance covers costs involved with personal or medical services that are needed for an individual who is unable to care for him or herself due to disability, chronic illness, loss of functional capacity, or cognitive impairment. Thus, the goal and reason for paying costly Long-Term Care Insurance premiums is to cover the expensive services involved in keeping a loved one as independent as possible in these situations.

Have You Properly Prepared Your Claim In Case You Have To File a Lawsuit Against Your Group Disability Insurance Company?

Have you properly prepared your claim in case you have to file suit against your disability insurance Company?  The answer may surprise you.  Group disability insurance lawsuits are not typical trials.  Most group disability insurance plans that you receive from your employer fall under the Employee Retirement Income Security Act of 1974 ("ERISA"). If you have been denied disability insurance benefits under an ERISA governed policy, you MUST first appeal the denial directly to your insurance company and follow the carriers mandatory appeals process. If the denial is upheld, you have a right to file a lawsuit. Typically, your lawsuit will be filed in federal court. Usually, your entire case will be based on the information gathered during the application and administrative appeal stage. All other information not previously submitted will most likely not be considered at trial. You will not have a jury of your peers decide the case, but rather a federal judge.


Our firm receives many questions regarding the type of damages an insured can seek from a disability insurance company. Whether the insured is applying for disability benefits or has already been denied benefits, the insurance company's liability is important and many clients and potential clients call to discuss the types of damages that can be obtained for a disability insurance company's failure to properly pay a claim. The answer depends on whether or not that client has a policy that was issued and administered through his or her employer (an ERISA Policy) or whether his/her policy was procured by that insured's own agent and is paid for directly by the insured (a private policy). A policy issued and administered through an insured's employer is usually a group disability policy and is subject to the Rules of ERISA (the Employee Retirement Income Security Act of 1974) which strictly limits the types of damages available to an insured. Today's focus is on the three types of damages persons with private disability policies may recover against disability insurance companies.

Life Insurance Policy Denials

Many individuals purchase life insurance policies to ensure that their loved ones are protected and provided for in the event that they are unable to do so as the result of an untimely death. Following the loss of a loved one who may also be a financial provider, a beneficiary can suffer another financially devastating problem - their loved one's life insurance company may deny or dispute payment of their life insurance claim. The most unfortunate part of life insurance law disputes is that they affect people when they are going through one of the most difficult and stressful times of their lives.

Email Us For A Response

Do You Need Legal Counsel? We Invite You To Contact Our Offices For A Free Consultation. Fill out the form and we’ll be in touch with you shortly, or call us directly at 888-644-2644.

Do You Need Legal Counsel? We Invite You To Contact Our Offices For A Free Consultation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

3201 West Commercial Boulevard
Suite 227
Fort Lauderdale, FL 33309

Toll Free: 866-363-3628
Toll Free: 888-644-2644
Phone: 954-989-9000
Fax: 954-989-9999
Fort Lauderdale Law Office Map

Palm Beach
14255 U.S. Highway One
Suite 235
Juno Beach, FL 33408

Toll Free: 866-363-3628
Toll Free: 888-644-2644
Phone: 561-202-9170
Fax: 561-202-9194
Map & Directions