Dedicated to advocating personal and property interests throughout the state of Florida

(813) 835-8888

Our staff is always ready to help you.
Call today for a free consultation.

Member of the Best Attorneys of America Member of the Best Attorneys of America Member of the Florida Justice Association Member of the Florida Justice Association Top Rated by AV Preeminent Top Rated by AV Preeminent Superb Rated by Avvo Superb Rated by Avvo Top Rated by Super Lawyers Top Rated by Super Lawyers Member of American Inns of Court American Inns of Court

Disability Insurance

Disability insurance can also be commonly known as long-term care insurance, long-term disability insurance or short-term disability insurance in Florida. Disability insurance is purchased in advance of the individual gaining a disability or illness that leaves them unable to perform daily functions, including walking, eating and dressing.

Acquiring disability insurance can be a good choice for someone who has a high paying job or a job with substantial risks. If you have disability insurance, but your claim has been denied, or you have been disabled and want to file a claim under your disability insurance policy, it is important to hire a knowledgeable disability attorney in Tampa.

Tampa Disability Insurance Lawyer

Contact the Germain Law Group at (813) 835-8888 for a consultation about your disability insurance policy claim in Tampa, Florida. Attorney Michael B. Germain is knowledgeable in all areas of Florida’s insurance laws and experienced with disability insurance claims. Call the Germain Law Group today about your insurance claim throughout the areas in Hillsborough County, Pinellas County, Brevard County and Manatee County, Florida.


Tampa Disability Insurance Information Center


Back to top

Florida Disability Insurance Policies

Depending on the type of disability policy, Florida disability insurance policies typically protect the individual and their family by covering the costs of living day to day, payment for living facilities or home care, and any other medical and social services. However, every disability insurance policy is different and the terms of each policy are unique for each individual.

Short-term disability coverage is usually for an individual who has become temporarily disabled or can’t work for a short period of time for sickness or injury. Short term disability insurance usually has a maximum time period benefits can be provided to the individual. The waiting period before short-term benefits will be paid to the individual if a claim is approved is usually around seven to 14 days.

Long-term disability coverage is usually for individuals who have become permanently disabled or disabled for a long period of time from illness or injury. Long term benefits can last anywhere from five years until retirement, depending on the individual’s insurance policy. The waiting period before long-term benefits will be paid to an individual if a claim is approved is usually around 90 days.


Back to top

Insurance Company Procedures After Filing a Claim

Often, insurance companies will require individuals to have an independent medical examination (IME).  This provision in disability policies allows insurance companies to have the claimant examined by one of their doctors to determine the extent of your injuries. Some policies also require a functional capacity evaluation (FCE), which also examines the claimant to assess their ability to perform work-related activity.

Some insurance companies also require a company representative to interview the disability claimant at their home upon filing a claim. This is often to analyze the extent of the individual’s disability and to acquire first-hand information from the claimant. If the individual provides inconsistent information to the company representative regarding the claim, the insurance company may be able to use this as a reason to deny the claim.

Insurance companies may also require an individual to apply for social security benefits before filing a claim under their disability insurance plan. They may also have a provision in the plan that allows the company to offset the monthly disability benefits with other benefits the insured may be receiving such as Social Security Disability or Worker’s Compensation benefits.


Back to top

Denial of Disability Insurance Claims in Tampa

Disability insurance policies can be difficult to understand and may have hidden provisions or exclusions in the policy. If you file a claim under your disability insurance policy, your insurance company may initially deny the claim for a number of reasons. Some of the most common reasons are that the policy holder did not pay enough into the policy; the injuries weren’t covered under the policy, or the there may not be enough evidence provided to the insurance company for the claim of disability. No matter the reason, if you claim has been denied, it is important to hire a disability lawyer.

Upon denying a disability claim, your insurance company must provide you with the specific reason for denial in their initial denial letter, the provision in your policy that gave rise to the reason for denial, any information that is missing that would make your claim valid, and an explanation of how to appeal your denial or have it reviewed.

Your insurance company is required by law to make a decision on your disability claim within a reasonable period of time under Fla. Stat. § 624.155(1)(b)(3). After a disability insurance claim denied in Florida, the insured usually only has a limited time to appeal the decision. Some insurance policies require filing an appeal before consulting an attorney. An attorney can help you file a lawsuit for breach of contract if your claim was wrongfully denied. Therefore, it is important to have someone on your side who will advocate for your rights under your disability plan.


Back to top

Tampa Disability Insurance Resources

Florida Office of Insurance Regulation – The Florida Office of Insurance Regulation serves the state’s citizens by regulating and enforcing statutes related to the insurance business in Florida.

Florida Statutes Online – This website provides links to Title XXXVII of the Florida Statutes, entitled “Insurance,” which contains the state’s rules insurance companies must follow, definitions of certain insurance terms, and other provisions regarding rates, statutes of limitations and insurance contracts.


Back to top

Germain Law Group, P.A. | Disability Insurance Attorney in Tampa

Contact the Germain Law Group today for a consultation about your disability insurance policy in Hillsborough County, Pinellas County, Brevard County and Manatee County. Michael B. Germain is an experienced insurance attorney in Hillsborough County who will listen to the facts of your situation and help you determine the best recourse in pursuing your claim for your disability insurance policy. Contact the Germain Law Group at (813) 835-8888 for a consultation about your insurance claim throughout Central Florida, including Tampa, St. Petersburg, Clearwater, Titusville, Palm Bay, Melbourne, Bradenton, and Palmetto.

Visit Our Office
divider
office
3412 Bay to Bay Blvd. Ste. K
Tampa, FL 33629
All meetings are by appointment only.
Map It
Watch Our Videos
divider
video
Germain Law Group Videos
Meet Our Attorney
divider
Attorney Michael GermainMichael B. Germain is the founder of the Germain Law Group. For over a decade, Michael has been involved in litigating insurance claims and complex commercial matters.
Read More