Pension Disability Claims Lawyer in Florida

Helping Clients Secure the Benefits They’ve Worked Hard For

A person can work hard for their entire life — and it only takes one injury or serious medical condition to take everything away. Fortunately, there are mechanisms in place to help certain individuals. One of these is employment pension plans. In many instances, these plans can provide disability benefits to workers who need them. However, the process isn’t always easy — but a pension disability claims lawyer in Florida may be able to help.

At The Law Office of Nancy L. Cavey, our disability law firm works hard to secure benefits on behalf of our clients. We’ve seen what can happen when people are suddenly unable to work — even watching our family members struggle to secure benefits. This is why we offer aggressive and sympathetic representation for each of our clients. If you’re entitled to disability benefits, we won’t stop fighting until they’re provided to you.

Contact our pension disability claims lawyers in Florida today for a free consultation.

Who Is Eligible for Pension Disability Benefits?

To qualify for disability benefits on a pension plan, you must first have a plan that offers such benefits. If you suffer an injury or debilitating medical condition, take time to review your employment documents to see what you might be entitled to. However, even having a pension plan that offers disability benefits does not necessarily mean you’ll qualify. That’s because plans can have different requirements.

Every plan lists its own qualifications. For instance, there’s often a minimum period of service that a worker must have provided for their employer. These plans typically also list an age requirement, and all will require evidence of a qualifying disability. And when dealing with plan holders, administrators must abide by the Employment Retirement Income Security Act (ERISA).

Unfortunately, this is often where the similarities end — and that’s why many people opt to work with pension disability claims lawyers in Florida. The simple fact is there are significant differences between pension plans. A disabling injury that may qualify for benefits on one plan may not meet eligibility requirements on another. Put simply, it’s not uncommon for this process to get complicated — so don’t hesitate to contact our law firm.

How Do You File a Pension Disability Claim in Florida?

Knowing that you’re eligible for disability benefits and actually securing them are two different things. Many people who meet all eligibility requirements still have their applications denied. In some cases, this is because they made mistakes during the application process. In other instances, this occurs because pension plans and disability insurance companies will do everything in their power to avoid paying out benefits.

However, knowing how to file a pension disability claim in Florida properly can greatly increase your chances of approval. Before any of the process starts, it’s important to secure evidence supporting your claim. Like other disability claims, pension disability claims will require medical documentation to support the existence and severity of a qualifying condition. Gather medical records, physician statements, diagnostic tests, and other evidence demonstrating the impact of the disability on your ability to work.

Once you have supporting evidence, you’ll need to start the application process. This is often the point where workers reach out to pension disability claims lawyers in Florida. That’s because the application process can differ between plans. Your plan documents will detail the appropriate procedures, but in many cases, you’ll only need to file a formal application with the administrator or trustee of the plan. This person will determine your eligibility.

Are Long-Term Disability Benefits Part of Pension Plans?

Many people worry that they may not be eligible for disability benefits because they have no pension plan. However, it’s important to realize that short- and long-term disability (LTD) benefits may be available even in the absence of such a plan. Many employers offer LTD plans even when they don’t provide other pension benefits — and workers also frequently have their own individual plans.

The critical thing to remember is that long-term disability benefits can be part of a pension plan, but they can also be available independently of such plans. Fortunately, ERISA laws cover each of these plans. This means that employees have rights and protections under federal law, and if insurers or plan administrators violate these laws, they could find themselves facing an ERISA claim in federal court.

What if Your Florida Pension Disability Claim Is Denied?

If your disability claim is denied under your pension plan, it’s important to remember that you still have options. In your denial letter, a reason should be specified for why you weren’t approved for benefits. The letter should also lay out instructions for filing an appeal — along with deadline information for doing so. Make sure to follow these instructions and get your appeal submitted in a timely manner.

However, keep in mind that an appeal with no new evidence will likely result in the same outcome — particularly if you’re not working with a pension disability claims lawyer in Florida. If the denial was based on a valid reason, you need to offer evidence showing why you actually qualify. And if you were denied due to a bad faith decision, an attorney can make sure that the administrator knows you won’t accept a wrongful denial.

Of course, there are also cases when you truly might not qualify. In these instances, you may be eligible for other programs (e.g., workers’ comp, Social Security Disability, etc.). This is why it never hurts to work with a disability attorney to secure the benefits you deserve.

Contact a Pension Disability Claims Lawyer in Florida

If you have a pension plan, it’s important to remember that you’ve earned every benefit it offers. Those who suffer serious injuries or illnesses are entitled to access what they’ve paid into. Even when employers pay a certain portion of the plan, these are still benefits you’ve worked to access. Don’t let your employer, plan administrator, or an insurance company convince you that you’re entitled to less.

At The Law Office of Nancy L. Cavey, our Florida disability attorneys are ready to assist. We know that pension plans and disability benefits can be difficult to understand. This is why so many people are initially denied benefits when they seek them. However, a denial is not always the end of the story. Our pension disability claims lawyers in Florida are here to guide you through the process and secure the support you deserve.