Legal Question in Personal Injury in Florida

Private Disability

My wife has been disabled since 1996 and recieving disability from a self funded policy provided by the church organization she was employed by that caused her disability. This plan is administered by a third party.

This third party just terminated her with out notice. They claim they tried contacting me, however they used an incorrect e-mail which they admited. they claimed to have left a voice mail which I never recieved. They sent the termination letter to the wrong address ( it did get to me though). They never contacted me at all to request further information since stating they would review the case in 1/08, they just left a message that she had been terminated on my cell phone 6/26/08. My wife suffers from PTSD, the disability co. knows this I believe they are dealing with her in bad faith, with negligence, deciet and malice injuring her further. This loss of will cause a default on our mortgage and perhaps the loss of my wife. This action has caused a major depression, and exacerbated her PTSD with more flashbacks, nightmares and reliving the ordeal that started this in 1996. I think this is another example of slow walking that is gaining attention of certain congress people here in Florida. What can be done?


Asked on 8/03/08, 11:08 am

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Private Disability

Don't give up. If your wife has been receiving benefits since 1996 they must have medical support for her continuing disability. Look at the denial letter to explain your rights to appeal and the basis for their denial which must show a change of her condition to justify termination. You will need a lawyer to handle the appeal and any subsequent suit. Is she receiving Social Security Disability benefits? If not, why not. You should immediately send a certified letter to the Company requesting a copy of the claim file. Let me know your location in Florida and I will recommend an experienced disability lawyer near you.

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Answered on 8/04/08, 10:31 am


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