Of particular import in Long Term Disability benefits claims, is the precise identification of the disabling condition or conditions. This is especially true with diseases involving the various disc levels of the spine as well as the various joints. It is interesting to me the differing number of names for the same condition in the same patient. While one patient may be suffering from a failed back syndrome after numerous surgeries, another might have a condition which is equally debilitating although not of the type lending itself to surgical intervention.
Of course, with the surgeries, at least one doctor has actually viewed the condition of the spine during the course of the surgical processes. Although I have been involved in claims in which the insurance company discounted the physical findings seen with the surgeon’s eyes; more so in cases in which there is only supporting diagnostic testing or lab work. It is astonishing how even Xrays demonstrating implantation are fairly well ignored.
Of import in this regard is any policy language which attempts to limit your benefit entitlement due to medical conditions which insurance companies suggest are based solely on subjective complaints which they refuse to believe because they judge all claimants to be untrustworthy. The insurance company willingly took your premium money and now disbelieves you are disabled, thinking you have just decided to walk away from your job so you can lay around and try to live off the 60% benefit provided by most policies. This after you have made the time and effort to successfully build your career. Now, one of the security blankets you provided for yourself is being unfairly yanked away.
If there is an effort to pigeonhole your claim by such language, please know that the attorneys at Herbert M. Hill, P.A. have successfully defeated such efforts on numerous occasions. If you have questions arising out of this point of law, you should contact a long term disability attorney who routinely handles claims involving policies of disability insurance. While many law firms claim to handle such claims, long term disability claims represent over 90% of the cases handled by Herbert M. Hill, P.A. It is our specialty and not something we do on the side as with most other firms. Nor do we ever represent insurance companies. We would welcome the opportunity to discuss your case with you, at no charge. You can contact me at 407-839-0005 or at hmh@herbertmhill.com.
If you would like, after discussing your case, we can set up a conference. In most circumstances, that conference would be free of charge but in no circumstance would you be under any obligation to hire a
long term disability attorney nor would you feel any pressure from me to do so.
Herbert M. Hill, P.A. is a law firm located in Orlando, Florida with a practice extending throughout the state of Florida. While the vast majority of cases handled are for disability insurance benefits, areas of practice include employee benefit claims of all sorts. The firm handles any claims arising under the Employee Retirement Income Security Act (known and referred to as “ERISA”) for disability benefits, medical benefits, retirement benefits of any sort, including pension, 401k, termination agreements or the like as well as claims arising under private disability policies.
