Fort Lauderdale Private Disability Claim Lawyer | Englander Peebles

A Ft Lauderdale private disability claim lawyer can help protect the benefits you have worked hard to secure. For years, you faithfully paid your premiums, trusting that your private disability insurance would provide financial support if a serious illness or injury ever prevented you from working. Now that you need those benefits, you may be facing delays, denials, and other obstacles created by your insurance company.

Although the process may feel difficult and frustrating, this is not the end of your claim. Florida law gives you the right to challenge an insurer that fails to meet its obligations. The experienced attorneys at Englander Peebles are dedicated to guiding clients through these disputes and holding insurance companies accountable.

To learn how we can help you move forward, call (954) 500-4878 for a free and confidential consultation.

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Table of Contents

• How Our Fort Lauderdale Private Disability Claim Attorneys Build Strong Cases
• Why Private Disability Policies in Florida Offer Stronger Legal Protections
• Common Types of Disabilities Covered by Private Policies
• Why Insurance Companies Deny Valid Private Disability Claims
• How the Disability Insurance Appeals Process Works in Florida
• Understanding the Fine Print in Your Florida Private Disability Policy
• Holding Insurance Companies Accountable Under Florida Bad Faith Laws
• How to Build a Strong Evidence‑Based Disability Claim
• Next Steps After a Denied Private Disability Claim in Florida

How Our Fort Lauderdale Private Disability Claim Attorneys Build Strong Cases

When you face a dispute over a private disability policy, you are often going up against a large corporation with extensive resources. Their primary goal is to protect their own financial interests, which often leads to denials, delayed payments, or early terminations of benefits.

Working with an experienced Ft Lauderdale private disability claim lawyer from Englander Peebles can help even the playing field. Our attorneys provide focused, determined representation for individuals throughout Fort Lauderdale and Broward County who are working to recover the benefits their policies were meant to provide.

Our process begins by listening carefully to your story. We take time to understand your medical condition, your work history, and your interactions with the insurance company.

After that, we review your insurance policy in detail. These policies can be complex, so we carefully review all provisions to understand the protection available to you. We handle all communications with the insurer, protecting you from misleading paperwork or requests for statements that could weaken your claim.

Building a strong case is another important part of what we do. We work with your doctors to obtain clear, detailed statements about your condition and the ways it limits your ability to work.

We may also bring in vocational experts to evaluate how your health impacts your specific job duties. If your claim has been denied, a South Florida disability attorney from our team will review the reasons and develop a targeted appeal. When needed, we are prepared to take the matter to court.

Throughout this process, our goal is to handle the legal burdens so you can focus on your well‑being.

Why Private Disability Policies in Florida Offer Stronger Legal Protections

Understanding what type of disability coverage you have is important. Many workers are covered by group plans offered through their employers.

These plans are regulated by a federal law called the Employee Retirement Income Security Act (ERISA). However, if you purchased your policy directly through an agent or broker, you likely have an individual disability insurance policy, often called an IDI policy.

This distinction matters because private disability policies are governed by Florida state law. This gives you important protections that do not exist under ERISA. For example, Florida law gives you:

• The right to a jury trial if your case goes to court
• The ability to call witnesses and introduce new evidence at trial
• The option to pursue a “bad faith” claim if your insurer acted unreasonably

ERISA, by contrast, often limits your legal options and generally favors insurance companies and employers. An experienced individual disability lawyer in Fort Lauderdale can help you take advantage of the rights and opportunities provided under Florida law, giving you a stronger position in your fight for benefits.

Common Types of Disabilities Covered by Private Policies

Private disability insurance policies cover a wide range of medical conditions, but the specific coverage always depends on the exact terms of your policy. Many claims involve physical injuries, such as orthopedic conditions that limit mobility or neurological disorders that affect coordination and strength.

Chronic illnesses are also common, including autoimmune diseases like lupus or multiple sclerosis, as well as cancer, heart conditions, and other long‑term medical problems that make it impossible to maintain regular employment.

Mental health conditions can also qualify for benefits under many private policies. Disorders such as depression, anxiety, and post‑traumatic stress disorder may create significant limitations that prevent someone from performing their job duties.

Because every policy is unique, the definitions, exclusions, and requirements within your contract will play a major role in determining whether your condition qualifies for benefits. A careful review by an experienced attorney can help you understand exactly how your policy applies to your circumstances.

Why Insurance Companies Deny Valid Private Disability Claims

Insurance companies operate to make a profit, and denying claims, even valid ones, often protects their financial interests. Over time, insurers have developed strategies to limit or deny payments to policyholders. Understanding these tactics can help you and your Ft Lauderdale private disability claim lawyer build a stronger case from the start.

Lack of Medical Evidence and How It Affects Your Disability Claim

A common reason for denial is the claim that there is not enough objective medical proof of your condition. The insurer may say your symptoms are subjective or that your medical records do not support your doctor’s assessment of how your condition affects your ability to work.

They might ignore detailed reports from your treating physician, who knows your situation well, and instead rely on a paper review by a doctor hired by the company who has never examined you in person.

When Insurers Dispute Your Doctor’s Opinion on Your Disability

Insurance companies often bring in their own medical reviewers or hire a doctor to conduct what they call an independent medical examination. In practice, these examinations are not always truly independent.

The doctors are paid by the insurer and may offer opinions that favor the company. They might conclude that your condition is not as serious as your physician believes or that you are able to work despite your health problems.

How Surveillance and Social Media Can Be Used Against Disability Claims

Many insurers use private investigators to watch claimants and gather video footage. They may follow you over several days, hoping to capture brief moments of activity such as carrying bags or driving a car.

They then present this footage as evidence that you are not as limited as you claim, even if it ignores the long periods of rest and pain that follow those moments. Insurance companies also review social media accounts for photos or posts they believe conflict with your claim.

How the Disability Insurance Appeals Process Works in Florida

If your private disability claim is denied, you have the right to appeal, but you must follow specific procedures and meet strict deadlines. In Florida, most insurers require you to file an internal appeal before pursuing further legal action. Acting promptly is important because missing a deadline can limit your ability to challenge the denial later.

The appeals process typically begins with a detailed review of the denial letter and your policy’s appeal provisions. Your attorney will work with you to gather additional medical records, updated treatment notes, and expert reports that directly address the insurer’s stated reasons for denying the claim. They will prepare a thorough written appeal, explaining why the denial was improper and presenting the supporting evidence in a clear and organized manner.

Your lawyer also handles all communication with the insurance company throughout this process. This includes responding to requests for information, managing follow‑up questions, and making sure the insurer complies with its own procedures and timelines.

Because the deadlines for appeals are firm and the documentation requirements are strict, having an attorney guide you through each step can make a significant difference in protecting your rights and moving your claim forward.

Understanding the Fine Print in Your Florida Private Disability Policy

Your private disability policy is a detailed legal contract, and every definition and requirement can affect your eligibility for benefits. A careful review of this policy is one of the first steps an attorney from Englander Peebles will take to identify terms that could impact your case. Misunderstanding these details is a common reason for a denial.

Own Occupation vs. Any Occupation: Key Disability Policy Definitions

One of the most important sections in your policy is how it defines total disability. An own‑occupation policy treats you as disabled if you can no longer perform the primary duties of your specific job. For example, a surgeon in a Fort Lauderdale hospital who develops hand tremors would be considered disabled under this definition, even if they could still teach.

An any occupation policy is more restrictive. It defines disability as the inability to perform any job for which you are reasonably qualified based on your education, training, or experience.

Insurers often use this language to argue that you could work in a different, lower paying role. Some policies use a combination of these definitions, starting with an own occupation standard for a set period such as 24 months before switching to the any occupation standard.

Elimination Periods and Benefit Periods in Private Disability Policies

Your policy also outlines specific timelines that determine how and when your coverage applies. The elimination period, which functions much like a deductible, begins on the date you are no longer able to work and continues until benefit payments begin.

This waiting period is commonly set at 90 or 180 days. In addition, the policy defines a benefit period, which is the maximum length of time you can receive payments. Depending on the terms of your plan, this period may last for a set number of years or continue until you reach a designated age, such as 65 or 67.

Holding Insurance Companies Accountable Under Florida Bad Faith Laws

Because your private disability policy is a contract, Florida law provides a powerful tool to protect you from unfair insurance practices. This is known as a bad faith claim. It allows you to hold your insurer accountable for unreasonable conduct that goes beyond a simple breach of contract.

What Insurance Bad Faith Means for Florida Disability Claims

Florida Statute § 624.155 allows a policyholder to sue an insurer for additional damages if the company acts in bad faith. This law recognizes that the relationship between an insurer and a policyholder is not equal.

Actions that may constitute bad faith include:

• Failing to conduct a reasonable and prompt investigation.
• Misrepresenting facts or policy provisions to avoid paying a claim.
• Not attempting in good faith to settle a claim when they should have.
• Denying a claim without a reasonable basis in fact or law.

Before filing a bad faith lawsuit, your attorney must file a Civil Remedy Notice with the Florida Office of Insurance Regulation (FLOIR). This notice gives the insurer a 60-day “cure” period to pay the overdue benefits and any associated damages. If they fail to do so, you may proceed with the bad faith lawsuit, which may allow you to seek compensation beyond just the policy benefits.

How to Build a Strong Evidence‑Based Disability Claim

A successful claim requires more than just your word. It must be supported by strong, consistent evidence that clearly demonstrates the extent of your disability. A private disability insurance lawyer helps you gather and present this evidence strategically.

Why Medical Records Are Vital for Your Disability Claim

Your medical records are the cornerstone of your claim. These records should include objective findings like MRI reports, CT scans, blood tests, and lab results.

They also must contain your doctors’ narrative notes from each visit. These notes should detail your symptoms, the doctor’s observations, and how your condition affects your ability to function in daily life. Consistency is important; gaps in treatment can be used by an insurer to argue your condition is not serious.

How a Doctor’s RFC Statement Strengthens Your Claim

A detailed statement or a Residual Functional Capacity (RFC) form completed by your doctor can be an effective way to support your claim. This type of form does more than list a diagnosis.

It explains how your medical condition affects your ability to work by outlining specific limitations, such as how long you can sit, stand, or walk, how much weight you can lift or carry, and how well you can focus or stay on task. In doing so, it links your medical condition directly to the specific physical and mental demands of your job.

Additional Evidence That Can Help Win Your Disability Case

Depending on the details of your case, several other types of evidence can strengthen your claim. Reports from vocational experts can help demonstrate that you are unable to perform the duties of your job.

Statements from former coworkers or family members can offer valuable insight into the difficulties you face in your daily life. Keeping a personal journal that tracks your pain levels, symptoms, and challenges can also be persuasive when responding to an insurer’s suggestion that your condition is not serious.

Next Steps After a Denied Private Disability Claim in Florida

When your health and financial security are at stake, you do not have to take on a powerful insurance company by yourself. A denied disability claim is not the end of the road; it is the beginning of a legal process that gives you a chance to challenge the decision and protect your rights. With a clear understanding of Florida law and guidance from an experienced attorney, you can challenge the insurer’s decision and pursue the benefits you have worked hard to secure.

Let our team handle the legal challenges so you can focus on your health and recovery. Your experience matters, and we are committed to making sure your voice is heard. To get started, contact a Fort Lauderdale private disability claim lawyer at Englander Peebles today by calling (954) 500-4878 for a free and confidential consultation.

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Englander Peebles, Accident & Injury Lawyers – Fort Lauderdale Office