ERISA and Disability Policies

Receive Help Getting Your Disability Benefits Paid

Every year, 12% of the adult U.S. population suffers from a long-term disability. It is even more shocking to note that one out of seven workers will be disabled for 5 years or more before retirement. Most people are also unaware of the fact that between the ages of 35 and 65, seven out of ten people will become disabled for three months or longer. These alarming numbers have fueled the growth of the disability insurance industry, convincing both employers and individuals alike, to purchase policies protecting both their employees and themselves.

Your disability policy was likely purchased to replace your income if you became unable to work due to an injury or illness. But now that it is finally time for your insurance company to make payment, you’re discovering that the insurance provider is reluctant to pay you all that you’re entitled to - if it plans to pay you at all.

The Law Firm of Martin L. Leibowitz, P.A., helps individuals and families who are dealing with denied disability claims as well as terminated disability benefits. Insurance companies can be hostile, and trying to settle a claim can sometimes seem impossible . . . especially when you or a family member is struggling with an illness or recovering from an accident.

You don’t have to give up or continue the fight alone. Instead, use our expertise to protect your rights. At the Law Firm of Martin L. Leibowitz, P.A., we can assist you throughout the entire legal process, anything from filing your claim to negotiation and litigation. Seeking representation early will give us the opportunity to advise you how to respond to your insurance company’s requests, as well as how to make lifestyle decisions that could potentially help or harm your case.

Individual Policies - Are You a Doctor, Dentist, Lawyer, or Business Owner?

The unthinkable has happened. You can’t work, and you’ve discovered that the glossy disability insurance brochures and smooth-talking agent didn’t tell the whole story. The fact of the matter is that it’s difficult, even for well-paid policyholders, to receive the disability compensation due them.

Why? Just imagine how much the insurance company stands to lose when it begins paying only a percentage of your salary year after year.

In Florida, it’s illegal for your insurer to act unfairly in settling valid claims. If the company is delaying, pressing for an unjust settlement, or just plain not responding, you may be a victim of what is known legally as “bad faith and unfair practices.” In these cases, hiring an experienced attorney serves notice to your insurance company that you mean business. These large insurance providers know exactly what they’re doing. They know that few people are willing to stand up to them, making it likely that they will get away with offering a low ball settlement offer, or even denying your claim altogether. Your strongest course of action is to find an attorney who specializes in disability, including ERISA, law.

If you have an “own occupation” disability policy, it’s even more important that you retain legal help immediately. These policies present the insurance company with countless loopholes in determining whether you are capable of performing the duties of your occupation. An expert lawyer can "zero in" on the relevant language in your policy and the applicable state or federal laws. You may even be entitled to punitive damages in addition to the benefits stated in your insurance contract.

You do have legal options, and it’s wise to learn what they are. Contact me today so that we may discuss the details of your specific case. With the highest AV rating from Martindale-Hubble, I offer superior experience and recognized integrity. More than 24 years of legal accomplishments, knowledge, and service to clients is behind that rating, proving the value of exhaustive attention to detail and an expert, aggressive approach.

Fighting for Employer-Provided Disability Benefits Requires Specialized Expertise

Most people breathe a sigh of relief when they get a job with benefits that include disability insurance, which is supposed to replace their salary should an accident or prolonged illness prevent them from working.

But job-provided benefits are strictly regulated by the federal government, and everyone knows what federal regulations mean. Indecipherable mumbo-jumbo. Unclear guidelines. No straight answers. Bureaucracy. Getting the run-around, and more.

As if that weren’t bad enough, insurance companies often hide behind federal laws, giving them plenty of room for fine print ultimately making it complicated for you to sue. To get your benefits paid, you will need a lawyer who is familiar with the relief allowed by federal law, known as ERISA. Unlike many cases, ERISA disability claims are unique in that they are litigated in U.S. District Court. In fact, ERISA is so complex that most attorneys are baffled by its general principles.

As a lawyer who has dealt with insurers for more than 24 years, I relish the complexity of ERISA cases and am knowledgeable about the particular remedies allowed under this federal law. Please contact me immediately if you think your claim might be denied, if your claim has already been denied, or if you think your benefits are about to be terminated.

The ERISA law sets a strict timeline for appeals and litigation. Any qualified long term disability attorney will tell you this. Use your time effectively. Don’t delay in contacting the Law Firm of Martin L. Leibowitz, P.A.

Send a Message that You’re No Pushover
Call for a Free Consultation Today

Insurers commonly deny disability benefits even when the claim is legitimate and should be paid. In California, an investigation of disability insurance practices revealed that insurers play loosely with the rules for evaluating claims. For example, it was found that insurers often apply the wrong legal definition of disability, in an attempt to deny claims where the claimants were unable to go back to work. It was also found that some insurance providers targeted high-cost claims for denials to save money, and intentionally misused-medical records, among other deceptive practices, to deny claims.

If your claim has been denied, don’t take it lightly. I can assist you with filing your claim, negotiating your case, and even litigation.

Schedule a free evaluation of your case today by contacting the Law Firm of Martin L. Leibowitz, P.A.  Let me determine your legal options so that you can make an informed decision about the future of both you and your family.

Together, we can get your disability benefits paid. Please call me today at (904) 384-8878.

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