CJ Henry Law Firm, PLLC

2303 East Fort King Street
Ocala, FL 34471

Call For A Free Consultation

(352) 577-7746

CJ Henry Law Firm, PLLC

How You Can Qualify For Long-Term Disability In FloridaIn this article, you can discover:

  • Necessary conditions to qualify for long-term disability.
  • The approval process for long-term disability.
  • Whether mental illness is covered under long-term disability.
  • Factors that may get in the way of being approved for long-term disability.

Which Conditions Are Considered A Disability?

Many factors go into determining whether or not a person is disabled. It is not simply based on having a medical condition but rather a combination of medical, vocational, and functional impairment.

Almost any medical condition could be considered disabling depending on how it affects the person’s ability to function. The impact of the medical condition on the ability to work will determine whether or not it is a long-term disabling condition.

What Is The Approval Process For Long-Term Disability Benefits?

Deciding on whether someone is eligible for long-term disability insurance benefits often involves reviewing their medical records and conducting a vocational analysis of their current occupation or other occupations they could perform.

In some cases, an independent medical examination may also be necessary. Insurance carriers usually have a set time frame within which they must decide, though this may vary depending on individual policies.

Under federal regulations, there is typically a specific time frame for such decisions. They must make decisions within 45 days of receiving the claim but can take up to two 30-day extensions under exceptional circumstances.

What Should I Do If I’m Denied Long-Term Disability Benefits?

Most of the time, people first find out that their insurance claim has been denied through a letter from the company. The letter will include information on how to appeal the decision.

However, I advise people not to immediately jump into appealing the denial. Instead, you should request all the evidence the insurance company used to make their decision. This will help you determine your next steps.

You should never have to go through the process of filing a claim alone. Ask your insurance company for a copy of your claim’s file and review all the information they have on the case. Once you have reviewed everything, you can call a long-term disability lawyer who handles these cases. This will ensure you have the best chance of winning your claim.

Is Mental Illness Covered Under Long-Term Disability Benefits?

Mental illness is considered a disabling condition. Mental illness can be a severe issue that can prevent people from being able to work. Because of this, it is vital to seek legal help when making a disability claim. This is especially true if cognitive impairments caused by psychological conditions can make it challenging to present a case effectively.

Some people with impairments might have a good presentation and be wrongly seen as not impaired or disabled. For example, an insurer could claim that someone with good cognitive skills is not impaired and, therefore, not disabled.

However, many policies limit the time period for which mental health claims can be paid rather than eliminating them altogether. In other words, most insurance policies will cover mental health benefits for a limited time, (usually 24 months), but they will not exclude it altogether.

Can I Still Work If I’m On Long-Term Disability?

Once you’re on long-term disability, your employment will usually be terminated. Some companies may keep you on short-term disability, but once you transition to long-term disability, they will usually end your employment.

Does A Pre-existing Condition Affect Eligibility For Long-Term Disability Benefits?

Your eligibility for long-term disability benefits may be affected by pre-existing conditions, but this is not always the case. It will depend on factors such as how long you have had the policy and how recently you were treated for the pre-existing condition.

Each policy defines what qualifies as a pre-existing condition and how long you must be free of treatment before it is covered under the policy.

With the guidance of a skilled attorney for Long-Term Disability Insurance Law, you can have the peace of mind that comes with knowing that we’ll make it look easy.

For more information on Long-Term Disability Insurance Law in Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (352) 577-7746 today.

Claudeth Henry, Esq.

Call For A Free Consultation
(352) 577-7746