Dabdoub Law Firm, P.A. is comprised of Miami disability lawyers with experience in handling individual disability insurance claims, including applications for benefits, lump-sum buy-outs, appeals of denials of legitimate claims and litigation in both state and federal court. You should file a claim for disability income benefits when you are unable to work based on a mental and/or physical condition. However, your policy may have limitations on a mental nervous condition claim, and as such, it is important that you understand all of the terms of your policy.
Filing a claim for disability income benefits may appear to be a simple task. But, the application for benefits does not ask all of the questions to which the insurance carrier intends on obtaining answers. Thus, the carrier will delay paying or processing your claim under the guise that it needs additional information and documentation and will attempt to wear you down with the goal of having you abandon your claim.
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The lawyers at Dabdoub Law Firm, P.A. know the carrier’s games and will assist you in moving your claim forward in a timely and efficient manner. Furthermore, insurance carriers commonly deny legitimate claims after manipulating the facts, conducting surveillance and/or requiring you to undergo an independent medical evaluation (IME) or functional capacity evaluation (FCE), which they may or may not have the right to do or which they may do in a manner inconsistent with the policy terms or the law. Insurance carriers dedicate an enormous amount of time, money and resources to the processing of a claim in order to attempt to legitimize its denial of benefits.
Your individual policy is regulated by state law. Thus, if your claim is denied and you exhaust any necessary appeals of the carrier’s denial, (typically one appeal), then you have the right to file suit under state law in state or federal court, leading to jury trial. Common claims against the insurance carrier include bad faith and breach of contract. Breach of contract claims are brought against insurance carriers when they refuse or fail to settle or pay a claim that violates the policy's terms.
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Damages are typically limited to the payment of any back benefits, reinstatement of benefits and interest on the back benefits and possibly the recovery of a reasonable attorney’s fee. Under Florida law, a bad faith insurance claim can be filed when a carrier wrongfully denies a legitimate claim, acts fraudulently, or does not to settle a legitimate disability claim. A claim may entitle the claimant to recieve punitive damages and recover reasonable attorney’s fees, as well as the cost of litigation in addition to the monthly disability benefits you are owed. It is important that you understand the terms of your policy and the law and that you defend your rights by consulting with an experienced Miami disability attorney.
Call 305.570.4711 to get started with a member of our team. We are here for you!