You hire an attorney that contests these sorts of decisions. Disability insurance companies will use any excuse possible to deny a claim. You're going to need representation here.
Fortunately, most of these cases are handled on a contingency basis, so you shouldn't need to pay anything up front.
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I agree with Mr. Davidson that you're going to want to talk to an attorney to help you on the long term disability claim. Specifically, you're probably looking for someone who specializes in ERISA, which is the federal law that governs employee benefits like short term and long term disability (unless you worked for a church or a government entity). If you really are unable to work, and you really have used all of your FMLA and other medical leave, then there is probably no way to protect your job - it's probably legal for your employer to fire you. But, that doesn't mean your long term disability claim should be denied. There are a number of good attorneys in Florida who work on these kinds of cases, and if you don't find one you like there, feel free to look anywhere. Because ERISA is a federal law, it doesn't change much from place to place, and attorneys in one place can handle these kinds of cases from just about anywhere. For example, from here in Tennessee, I've handled cases for people in Hawaii, North Dakota, Rhode Island, Texas, etc., etc.
One more thing - I DO NOT recommend filing any appeals on your long term disability claim without speaking to an attorney first. You likely have 180 days to appeal the denial, and you'll want to speak with an attorney as soon as possible, leaving the attorney as much time as possible to do a good job on your appeal. Best of luck to you.
Jeremy Bordelon is a licensed attorney in the State of Tennessee only, and is authorized to practice in all Tennessee State and Federal courts, and before the Social Security Administration in any jurisdiction. Please call our firm at 1-866-959-5362 if you would like to discuss your case in more detail. The answers provided on Avvo.com are for information purposes only, and should not be relied on as legal advice. This answer does not create an attorney-client relationship between us. In some jurisdictions, this answer may be construed as attorney advertising.Ask a similar question