Disability Policies for Professionals
At Disability Insurance Law Group, we represent professionals in pursuit of disability insurance benefits in Florida and throughout the nation.
Analyzing and Applying Your Policy Definitions
It is important to understand that your policy is your contract, and the language in that contract governs your claim. While this seems simplistic, it can have a profound impact on the benefits you receive. For instance, many disability policies provide that an insured is “totally disabled” if they are unable to perform the material duties of the insured’s pre-disability occupation.
However, often insurance carriers will argue that an insured is “partially disabled” because he or she continues to work in some capacity in their pre-disability field, when the insured is actually “totally disabled” under the policy because he or she cannot perform the duties of their past occupation in substantially the same manner as before.
Likewise, insurance companies frequently misrepresent the true nature of an insured’s occupation, suggesting that it is less demanding than it was or ignoring the insured’s specialization within his or her occupation in order to bolster their position that the insured is still capable of performing the material duties of his or her pre-disability occupation despite his or her medical limitations. Without an adequate understanding of their policies’ terms, many insureds are unable to assert their contractual rights.
Similarly, many policies that define total disability as the inability to perform the duties of your “own-occupation,” change to an “any occupation” definition after a certain amount of time. Insurance carriers often argue that if the insured can do any form of work, the insured is no longer disabled. However, very often other provisions in the contract render such an argument incorrect. Many times the policy requires the insurance carrier to consider the insured’s pre-disability earnings, his or her professional background and whether there are enough actual jobs in the local economy that meet the insured’s transferable skills and required earning capacity. Again, many claims go unpaid because insureds are unaware of their rights under their policies.
We will meticulously analyze the particular definitions in your policy and then apply those definitions to your unique situation. Insurance companies will go to great lengths to avoid paying the benefits professionals have paid for or to reduce their liability under disability insurance policies. Insurance companies are businesses, and profits are not made when benefits are paid. Their goal is to pay out less money. At Disability Insurance Law Group, we aggressively fight to obtain the benefits insurance companies promised and that our clients deserve.
Understand the Laws That Govern Your Policy
Whether you purchased your policy independently or obtained it through a professional association or your employment affects the law that governs your claim. Individual policies typically fall under your state’s contract law. Your state may have certain requirements that you must meet, and it may afford you additional protections beyond those contained in your policy.
Many group policies fall under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA is a federal statute that places stringent deadlines and obligations on claimants. It is imperative that you understand the law that applies to your particular claim in order to maximize the protections afforded to you under the law and to be certain you meet your legal obligations.
We Provide Prompt, Proactive Assistance With Initial Applications
The initial application and the information and documents provided to your insurance company during the application stage can help you or haunt you throughout your claim. Misstatements, providing the wrong information, or simply wording something in a way that can be misused or taken out of context can mean the difference between promptly receiving benefits and a denial of your claim.
Let our attorneys guide you through the process in a way that minimizes delays and maximizes your chances of success. From filing the initial application to completing the independent medical examination, you can rely on DI Law Group to be your trusted adviser and aggressive advocate.
Insurance companies spend a significant amount of time and money scrutinizing disability insurance claims. They understand how to ask questions in such a way to elicit certain responses which can later be used against you. Knowing your rights and their delay and denial tactics is essential to securing the disability insurance benefits you deserve.