Disability Insurance Claims
Talk to a disability insurance lawyer Delray Beach FL relies on about your disability insurance claim. Disability insurance policies are designed to provide financial stability during difficult times. They replace the loss of income a policyholder suffers when they can’t work due to injury or illness.
Every insurance disability policy is unique, and the amount of benefits and length of time benefits are available will vary from policy to policy. Likewise, the definition of what constitutes a “disability,” entitling one to benefits, may vary from policy to policy. Some policies have a definition of “disability” which is much stricter than others, and certain medical conditions may even be excluded. A disability insurance lawyer Delray Beach FL offers understands these definitions of “disability”. Some policies require the insured to be unable to perform any job in order to be eligible for benefits, while other policies require benefits to be paid if the insured is unable, due to injury or illness, to perform the material and substantial duties of their own occupation. These types of policies are referred to as “own occupation,” or “own occ” policies. Under an “own occ” policy the insurer is required to pay benefits if the insured is unable to work at their normal job, even if they can perform some other type of work. For example, a policy with an “own occ” provision that insures a surgeon will allow the surgeon to collect benefits if, due to injury or illness, they can no longer perform surgery but can practice as a physician in some other field of medicine. In order to qualify for benefits, under most insurance disability policies a claimant must be unable to work due to injury or illness. An illness usually includes mental, emotional or psychological disorders, as long as it prevents someone from working. However, if the claim for benefits is based upon a mental, emotional or psychological disorder, many policies restrict the amount of benefits available to the claimant as compared to the amount of benefits that would otherwise be available due to a physical injury or illness.
Many policies will pay benefits even if the claimant is only partially disabled. A skilled disability insurance lawyer Delray Beach FL trusts can help decipher these policy benefits. These benefits are referred to as “residual disability” benefits. The amount of the residual disability benefits owed is generally based on a formula set out in the policy. The formula usually looks at the claimant’s pre-disability income and compares it to the claimant’s post-disability income. If the claimant is only earning 50% of what they earned prior to becoming disabled, most policies allow the claimant to receive 50% of the monthly benefit set out in the policy. Disputes often arise regarding the amount owed to the policyholder, particularly when the policyholder is self-employed or has pre-disability earnings that vary from year to year.
It is important to understand what your policy allows, and what criteria must be met in order to qualify. Before filing a claim for disability insurance benefits, it is wise to consult with an experienced disability insurance lawyer in Delray Beach FL.
Eric Luckman is a Florida Board Certified Civil Trial lawyer. Less than 2% of lawyers in the state of Florida are recognized with this prestigious certification.
Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.
Feel free to call our office to discuss your case. The initial consultation is free, and you will speak directly with Eric Luckman, about your claim and your rights.
An experienced disability insurance lawyer Delray Beach FL respects can help you determine whether you have a valid claim.