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Category Archives: FAQ

Do I need an lawyer to appeal a benefit denial?

By Stephen M. Barbas |

You can appeal a denial without an lawyer but you should be aware that during the administrative appeal you have the burden to provide all of the medical evidence to support your disability claim, and once the appeal is over you typically can not go back and add additional information.  It is very important… Read More »

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What do I do if my claim is denied?

By Stephen M. Barbas |

When a claim is denied, the Plan will provide the applicable appeal procedures which you must exhaust before you can file a lawsuit claiming entitlement to the denied benefits.

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How do I know what information to submit with my claim?

By Stephen M. Barbas |

The Summary Plan Description will tell you what you need to submit, which typically involves a statement from your doctor(s) as well as claims forms for you and your employer to complete.

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What plan documents should I ask for?

By Stephen M. Barbas |

You should specifically request a “Summary Plan Description” for any short-term/long term disability plans, and make the request in writing to the Plan administrator.

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If I miss work due to an injury or illness how do I know if I have short-term or long-term disability benefits available to me?

By Stephen M. Barbas |

If a disability plan is sponsored through your employer, it may be covered under a federal law (ERISA) that requires the plan administrator to provide you with the plan documents within 30 days of a written request.  You can check with the human resources office at your employer to identify the plan administrator.

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How do I know what my employer told the EEOC about my termination or discrimination claim?

By Stephen M. Barbas |

You may be contacted by an EEOC investigator during the investigation and asked to provide additional information in response to your employer’s “position statement”.  This is a document the employer is required to file in response to your charge.  In addition, once the EEOC investigation ends you have the right to request a portion… Read More »

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What happens after I file the EEOC/FCHR charge?

By Stephen M. Barbas |

Once the charge is filed, the EEOC has up to 180 days to investigate the charge, but they can also issue a Notice of Right to Sue before that time.  Once the Notice of Right to Sue is issued you only have 90 days to actually file a lawsuit or the claim will be… Read More »

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Do I have to file anything with the Equal Employment Opportunity Commission (EEOC), and if so, how long do I have to do so?

By Stephen M. Barbas |

Depending on the type of claim and basis for the claim, often it does require an administrative charge and supporting affidavit be filed with the EEOC.  The charge should also be dual filed with the Florida state agency, the Florida Commission on Human Relations (FCHR).  Although the time limitations vary depending on the claim,… Read More »

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What are some of the potentially “illegal” reasons upon which an employer can not fire an employee?

By Stephen M. Barbas |

There are both federal and state laws that protect employees from discriminatory employment decisions which are based on race, national origin, sex, religion, age, and disability.  There are also statutes that prevent retaliation in connection with an employee reporting illegal activities, filing a workers’ compensation claim, attending jury duty, requiring child support deductions from… Read More »

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If I am a good employee with no performance problems can my employer fire me?

By Stephen M. Barbas |

In Florida the answer is yes, unless you have a contract that says otherwise.  Employees in Florida are generally “at will” employees, which means an employer has the right to fire you at any time, for any reason, as long as the reason is not an illegal reason.

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