Working For Workers

Call For A Free Consultation

(386) 388-6260

No Recovery, No Fee

What To Do Next If Your Permanent Total Disability Claim Is Denied

image of Disability claim formIf My Permanent Total Disability Claim Is Denied, Should I Immediately Apply Again?

If you were denied permanent total disability by a carrier, immediately seeking out a law office for a consultation and to review your case is the best move you can make.

Re-application of a claim after a final ruling by a judge is less common. The State of Florida has processes in place that require that both parties involved sit down and frankly and professionally discuss what resolutions are possible in good faith before the claim is filed with a judge.

However, should you wish to contest a judge’s ruling, we can review your case and determine if there are reasonable grounds to appeal or request reconsideration. For example, a judge may not have had access to important medical or practical information during the litigation, making a request for reconsideration possible.

There are also instances where a worker’s physical condition gets significantly worse after filing. If this were to happen to you, our suggested course of action would be to apply for a new permanent total disability claim with our help, instead of re-applying for the initial claim.

At What Point Should I Hire A Disability Attorney If My Permanent Total Disability Claim Is Denied?

If you are denied permanent total disability by a carrier, the best time to hire a qualified attorney is immediately. The sooner legal professionals can sit down with you for a review of your case, the better your chances of successfully moving forward with a permanent total disability claim.

What Steps Will Your Firm Take If My Permanent Total Disability Claim Is Denied?

If your claim is denied by a carrier, the first step that we take is to provide a very thorough assessment of the medical evidence of your disability. We may also call in a vocational or work-related expert to determine how your medical limitations impact the kinds of activities you can not physically do.

If we believe that there’s a solid basis for proving the claim in front of the judge, we will sit down and discuss the ramifications of your case, answering any and all questions you may have, and reviewing all possible outcomes.

After this, we will file a formal application with the judge. If the judge does not agree that you are permanently and totally disabled, we can review your case and determine if there are grounds for appeal. Though in most cases this is unnecessary, we can assist you with the appeal process if it is believed that the judge lacked sufficient practical or medical information to rule appropriately.

Will Your Firm Be Willing To Litigate My Total Permanent Disability Claim?

If the facts of your case and State of Florida laws support it, we are absolutely willing to litigate your total permanent disability claim for you. We can handle every step of the process professionally and carefully, from initial consultations to compiling and reviewing medical and vocational testimony, all the way through appeal if we deem it necessary.

If I File A Lawsuit, Will There Be A Hearing And What Can I Expect?

If we file a formal administrative claim for permanent total disability benefits, this will definitely involve a hearing. Don’t let that process frighten you, though. Many clients find it interesting and unexpected that the most important arguments presented during the hearing aren’t what you as a client state or testify, but involve testimony from the medical and vocational professionals. You will still be an important part of the hearing, but the legal and practical emphasis will be on expert testimony.

How Long Will It Take For A Decision In An Appeal Of Lawsuit For My Total Permanent Disability Case?

Typically, we see judges rule within 210 days or 7 months. While this might seem like a long time, be assured that this is relatively speedy and efficient when compared to many types of civil lawsuits in the State of Florida. While it is possible for some extraordinary cases to proceed beyond this time frame, no more than 7 months is typical and in line with State law.

What Further Information Or Evidence Do You Need From Me To Pursue My Permanent Total Disability Denial Case?

The list of things that we would need from you is fairly straightforward. We will need copies of the documentation related to your initial claim, as well as medical records and statements from doctors confirming your disability.

We would need to see identification for all physicians who have treated you and who have knowledge of and documentation for your physical condition. We also need your educational and work history to help our vocational expert determine how your skills and physical limitations impact an ability to work.

Beyond that, our legal team would work closely with you and with medical and professional experts to sort through all relevant information, answer any questions you may have along the way, help you prepare for litigation, and finally present your case before a judge.

For more information on Denial Of Permanent Total Disability Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.

Working For Workers

Call For A Free Consultation
(386) 388-6260
No Recovery, No Fee

Accessibility Accessibility
× Accessibility Menu CTRL+U