Representing Florida Employees in Work Issues

Understanding long-term disability insurance rights for employees

On Behalf of | Jul 28, 2024 | Disability Benefits |

Long-term disability insurance offers necessary financial support for employees unable to work due to prolonged illnesses or injuries. 

In Florida, employees have specific legal rights under private insurance plans, ensuring they receive the benefits they deserve.

Understanding policy terms

Employees must understand their insurance policy terms. Policies vary, so it is important to review the plan documents, including the summary plan description (SPD). The SPD outlines eligibility, benefit amounts, and duration. Understanding these terms helps employees know what to expect and ensures they meet all requirements.

Filing a claim

Employees must follow the proper procedures when filing a claim. This includes submitting required forms, medical documentation, and any other necessary information within specified deadlines. Employers or insurers often provide guidance on the filing process. You must meet deadlines and provide complete information to avoid claim denials.

Protection under ERISA

Many long-term disability insurance plans fall under the Employee Retirement Income Security Act (ERISA). ERISA provides federal protections, including the right to appeal denied claims and the right to sue for benefits. Employees must receive clear information about their benefits and any changes to the plan. ERISA ensures fair treatment and offers a legal framework for disputes.

Right to appeal

If an insurer denies a claim, employees have the right to appeal. The denial letter will explain the reasons and the steps for an appeal. Employees must follow the appeal process precisely, including submitting any additional evidence and adhering to deadlines. Successful appeals often require thorough documentation and a clear explanation of the disability.

Seeking legal assistance

Employees may seek legal assistance if they encounter difficulties with their long-term disability claims. Disability attorneys understand these cases and can help ensure employees’ rights are protected and improve the chances of a successful outcome.

Maintaining benefits

Employees on long-term disability must comply with policy requirements to maintain benefits. This includes attending medical evaluations, providing updates on their condition, and complying with any other insurer requests. Keeping thorough records and staying in communication with the insurer helps avoid benefit interruptions.

Understanding and asserting legal rights regarding long-term disability benefits in Florida ensures employees receive the support they need during challenging times.

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