Legal Question in Insurance Law in Florida

Disability insurance payments.

I went from work for medical reasons in April 1999. I had always paid ''long term insurance'' monthly. Brain surgery and cancer radiation treatments and the resulting medical condition I have now has kept me from the job I held. I have constant trouble with the insurance comapny paying me my monthly insurance payments. I receive no answers, phone calls or letters from the person in charge of my case, I leave constant calls, faxes and even send in constant medical updates, MRI's etc.. The company makes all excuses but they are not providing me with any real service. I may receive payments a month after I should, and not the normal deposited way, and no deductions held. This causes me alot of stress and am really now upset, feels like they are just not wanting to pay. What are my rights and legal openings.


Asked on 5/26/01, 8:48 am

2 Answers from Attorneys
Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Disability insurance payments.

Was the disability policy provided through your employer, or did you purchase it on your own?

Quite often in disputes of this type, if you prevail, then the insurance company would be responsible for your attorney fees and costs. If you have a worthwhile case, an attorney will likely agree to represent you with the understanding that he would only get paid if you won.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee. If you are located within the Greater Tampa/St. Petersburg area, I would be happy to meet with you

Good Luck, Elliot Jay Goldstein (I also maintain a Tampa office)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 6/26/01, 7:48 am
Michael Tobin Michael M. Tobin, P.A.

Re: Disability insurance payments.

That is a standard tactic of the insurance companies. they refuse to make direct deposits and always delay the monthly payments or claim they did not receive your doctors certification. you should carefully document your claims and their payments. You may expect that one day they will have you exammined by their doctor who will say you are no longer disabled. You may also expect to be put under video surveillance to find you are doing more than you claim. You may be given a two week diary to list all of your activities. Any inaccuracy like a forgotten trip to the grocery store will be used to call you a liar and malingerer. You are at war with this company which will try to stop your payments for any trumpted up excuse. You should consult with an attorney experienced in dealing with disability claims about your situation to prepare you. Such consults are usually free.

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Answered on 7/02/01, 11:43 am


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