When you file a long term disability insurance claim, your disability insurance company will assign a "case manager" to your disability claim. The case manger will act as your point of contact for the disability insurance company. Initially, the case manager will be friendly, helpful and seem very nice. Don't be fooled. Case managers are trained to extract information from claimants that will later be used against you when denying your claim. When filing alone, claimants have the tendency to get comfortable with their case manager. The reality is that case managers are trained to find reasons to deny your disability claim, not help you get your disability claim approved. Remember, disability insurance companies are interested in protecting and increasing their profits, not paying out monthly disability insurance benefits.
The best approach to use against case managers is to think carefully before answering their questions. Case managers are trained to carefully question claimants on the merits of their disability application. If you are contacted by the case manager on the spur of the moment and are not prepared to answer questions, be courteous and ask the case manager to contact you at a more appropriate time. Alternatively, you may obtain his or her direct line so you may contact the case manager at a later time when you are better prepared to answer questions.
By following this advice, you will be better positioned to deal with your case manager and avoid hampering your disability claim.
The Law Firm of J.P. Gonzalez-Sirgo, P.A. represents individuals that have had their valid long term disability benefits denied, delayed or terminated irrespective of whether the policy was purchased individually or issued through an employer group policy. The firm is available to assist individuals with the initial application process, during the administrative appeals process, handling denials of claims or termination of benefits, litigation in state or federal court, and negotiating a one-time lump sum settlement or buy-out. Please contact our office to discuss your case in more detail.
Collecting long term disability benefits while simultaneously working a full time job that affords you the luxury of collecting a paycheck might seem contradictory to the layperson. It might also seem fraudulent to some. The truth of the matter is that it is possible and it is totally legal.
Having the ability to collect both a paycheck and long term disability benefits concurrently will depend on the legal language in your disability policy. Total disability is defined in your disability insurance policy. This definition can vary from policy to policy. Three commonly used definitions include own-occupation, modified own-occupation and gainful occupation. Modified own-occupation and gainful occupation disability policies will usually disallow such a scenario. A disability policy with own-occupation language may not.
Own-occupation is the most flexible definition of total disability for an insured. If the insured is unable to perform the material and substantial duties of his or her occupation at the time of disability, the disability insurance company will pay the claim even if you are working in some other capacity or employment. However, this new or other occupation must not be identical or even similar to the occupation from which you are claiming disability. Moreover, some own-occupation policies are not "genuine" own-occupation policies and may prevent you from collecting a paycheck in addition to your long term disability benefits. Therefore, the disability policy should be read from cover to cover to prevent disability benefits from being terminated.
In essence, under the terms of an own-occupation disability policy, the inability to perform the material and substantial duties of your occupation will entitle you to long term disability benefits, notwithstanding your ability to work in some other occupation.
A classic example is when a physician surgeon is unable to perform the material and substantial duties of the surgical procedures and due to sickness or injury files for long term disability benefits. The claim is approved and the physician surgeon now resorts to physician office work only, such as patient consultations. In this new line of work, the physician might generate $500,000 during the first year, despite drawing $25,000 per month in long term disability benefits. There are countless examples of such scenarios that apply to many occupations.
The Law Firm of J.P. Gonzalez-Sirgo, P.A. represents individuals that have had their valid long term disability benefits denied, delayed or terminated irrespective if the policy was purchased individually or issued through an employer group policy. The firm is available to assist individuals with the initial application process, during the administrative appeals process, termination, litigation in state or federal court, and negotiating a one-time lump sum settlement or buy-out. Please contact our office to discuss your case in more detail.
The Law Firm of J.P. Gonzalez-Sirgo, P.A. helps insurance policyholders recover what they are due on their insurance claims, zealously advocates on behalf of victims of catastrophic personal injuries or wrongful death and fights for the rights of consumers and small businesses in Miami and throughout Florida. If you would like a Free Consultation and Case Evaluation, please fill out the Quick Contact Form to the right or click here and a member of our firm will contact you promptly. You may also contact us directly at (305) 461-1095 or Toll Free at 1-(866)-71-CLAIM.
About The Firm
J.P. has been certified as a life member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. The Million Dollar Advocates Forum is recognized as one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts, awards, and settlements. Fewer than 1% of U.S. lawyers are members. J.P. has also been awarded the top rating of 10.0/10.0 or "Superb" by Avvo. Avvo's Rating system helps people navigate the complex and confusing legal industry, including choosing the right lawyer - an incredibly important decision. The Avvo Rating system takes into consideration a lawyer's background, including years in practice, disciplinary history, professional achievements and industry recognition.
In addition, the firm maintains an A+ rating with the Better Business Bureau. The firm is highly respected by other lawyers and members of our community and maintains offices in the historic Douglas Entrance complex in Coral Gables, Florida. Please click here for further information regarding office location and directions.
Prior to attending law school, J.P. Gonzalez-Sirgo worked as a claims adjuster for a busy independent adjusting firm in Miami where he handled hundreds of claims. Before founding the law offices of J.P. Gonzalez-Sirgo, P.A., Mr. Gonzalez-Sirgo worked for a prominent insurance defense firm in Miami. He now uses the insight that he gained working for the insurance industry for the benefit of his clients.
Attorney J.P. Gonzalez-Sirgo has built his entire career on protecting the rights of insurance policyholders, personal injury and wrongful death victims and fighting for the rights of Florida consumers and small businesses. The firm has recovered millions of dollars for victims of denied or underpaid insurance claims, victims of catastrophic personal injuries and wrongful death and on behalf of those that have been taken advantage of by Big Business and Big Insurance.
Active Legal Memberships
The Florida Bar
American Association For Justice 
Florida Justice Association
Community & Charitable Involvement
The Law Firm of J.P. Gonzalez-Sirgo, P.A believes that representation of our clients does not stop in the courtroom. We believe in giving back to our community by participating in local charitable events. The firm participates or donates to various local charitable and research organizations. Of special importance to the firm are those organizations that support many of the illnesses, syndromes, diseases, disabilities and aliments that afflict so many of our past and current clients. In addition, J.P. is proud to be a volunteer for Lawyers for Children America (LFCA). As a pro-bono LFCA volunteer lawyer, an opportunity exists to protect the rights of children who are victims of abuse, abandonment and neglect by providing free legal representation and collaborating for systematic change to improve the lives of children.
Free Case Evaluation & Consultation
If you would like a Free Consultation and Case Evaluation, please fill out the Quick Contact Form to the right or click here and a member of our firm will contact you promptly. You may also contact us directly at (305) 461-1095 or Toll Free at 1-(866)-71-CLAIM.
There is never a charge to speak with an attorney at our firm. Unlike other law firms, we are available to come to you at your hospital bed side, home, office or other location throughout the entire State of Florida.
You Pay Zero Attorneys' Fees If No Recovery
We understand that many of our clients do not have the resources or means to pay lawyer fees out of pocket. This is why we offer a free consultation and case evaluation. In the great majority of cases, if we decide to go forward with your case, we will work on a contingency fee basis. This means that if there is no recovery on your claim, you do not pay fees for our services.
If you would like a Free Consultation and Case Evaluation, please fill out the Quick Contact Form to the right or click here and a member of our firm will contact you promptly. You may also contact us directly at (305) 461-1095 or Toll Free at 1-(866)-71-CLAIM.
Se Habla Espanol
For our Spanish speaking clients, please click here for Espanol.
A Message To Insurance Policyholders In Florida
There are numerous challenges facing policyholders attempting to have their life insurance and disability insurance claims timely honored by insurance companies: The delays in investigation of claims, the endless request for documents, requests for sworn statements or examinations under oath, requests for recorded statements, fraud accusations, application issues, material misrepresentation issues, requests for medical evaluations, bad faith insurance issues, and litigation.
In the great majority of cases we will be able to help you with these challenges. Attorney J.P. Gonzalez-Sirgo helps disability and life insurance policyholders recover what they are due on their insurance claims. If you would like a Free Consultation and Case Evaluation, please fill out the Quick Contact Form to the right or click here and a member of our firm will contact you promptly. You may also contact us directly at (305) 461-1095 or Toll Free at 1-(866)-71-CLAIM.
A Message To The Victims of Catastrophic Personal Injuries or Wrongful Death
There are numerous challenges facing victims of catastrophic injuries and wrongful death in their pursuit to obtain a full measure of justice from those doing wrong.
The good news is that in the great majority of cases we will be able to help you with these challenges. Attorney J.P. Gonzalez-Sirgo zealously advocates on behalf of victims of catastrophic personal injuries or wrongful death. If you would like a Free Consultation and Case Evaluation, please fill out the Quick Contact Form to the right or click here and a member of our firm will contact you promptly. You may also contact us directly at (305) 461-1095 or Toll Free at 1-(866)-71-CLAIM.
A Message To Our Referring Public Adjusters
We understand and appreciate the value a Pubic Adjuster brings to a property insurance claim. For years, we have worked side-by-side with Public Insurance Adjusters and their respective clients in helping to resolve any claim issues through our legal representation.
Public Adjusters recognize that sometimes a client's difficult insurance claim requires the need for aggressive legal representation. Experienced public adjusters recognize all of the obstacles presented by an insurer during a challenging claim. The Law Firm of J.P. Gonzalez-Sirgo, P.A. routinely works with clients that have retained the services of a Public Adjuster. We prefer to work together as a team consistent with the best interests of the client's claim. During the claim's process, we seek to keep all members of the team in the loop and engage your advice and services whenever necessary. All efforts put forth by our law firm and your adjusting firm will always be in the best interest of our mutual client.
We also work with corporate counsel and corporate risk managers to resolve any insurance claim disputes.
If you would like a Free Consultation and Case Evaluation, please fill out the Quick Contact Form to the right or click here and a member of our firm will contact you promptly. You may also contact us directly at (305) 461-1095 or Toll Free at 1-(866)-71-CLAIM.
A Message To Our Referral Attorneys
For years, the Law Firm of J.P. Gonzalez-Sirgo, P.A. has been welcoming attorney referrals from our colleagues. Many of our clients come to us as a result of referrals from other attorneys, including from out of state lawyers and lawyers from other countries, who know of our success in handling insurance claims litigation. We encourage and welcome these co-counsel opportunities and routinely pay referral fees in accordance with the rules regulating the Florida Bar and Florida law. Over the years, we have paid hundreds of thousands of dollars in referral fees to our referring attorneys. We recognize the trust placed in us by our referring attorneys and so we make sure that our referring attorneys are kept in the loop throughout our representation, from the initial intake through the conclusion of the case.
To discuss a case with us, please call (305)-461-1095 or Toll Free 1-(866)-71-CLAIM. Alternatively, you may click here and fill out our "Contact Us" form and an attorney at the firm will contact you promptly.
Serving Florida & Our Local Communities
J.P. Gonzalez-Sirgo, P.A. provides experienced legal representation for individuals and businesses throughout Florida and Miami Dade County, including Aventura, Bal Harbour, Carol City, Coral Gables, Doral, Florida City, Golden Beach, Hialeah, Hialeah Gardens, Homestead, Kendall, Key Biscayne, Medley, Miami, Miami Beach, Miami Lakes, Miami Gardens, Miami Shores, Miami Springs, North Bay, North Miami, Opa Locka, Pinecrest, South Miami, Sunny Isles Beach, Surfside, Sweetwater, Virginia Gardens, West Miami, Westchester, all of the Florida Keys communities, and Broward and Palm Beach Counties. Covering all of South Florida. Attorney J.P. Gonzalez-Sirgo is admitted to practice in all of the Federal and State courts in Florida, from the Florida Keys to Florida's Panhandle.
Disclaimer
The use of this Website or use of our "Contact Us" form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship and does not constitute legal advice. Time-sensitive or personal confidential information should not be sent through the "Contact Us" form. You are not forming an official attorney-client relationship with the Law Firm of J.P. Gonzalez-Sirgo, P.A. or its attorneys unless and until you have signed a written retainer agreement with this law firm. Submission of the "Contact Us" form does not create a written retainer agreement. If you would like to enter into a written retainer agreement with the Law Firm J.P. Gonzalez-Sirgo, P.A., please call (305)-461-1095 or Toll Free at 1-(866)-71-CLAIM.
The accounts of recent trials, verdicts, and settlements contained in this website are intended to illustrate the results of my work ethic and experience. Of course, each case is unique and the results in one case do not necessarily indicate the quality or value of any other case.
J.P. Gonzalez-Sirgo, P.A.
Douglas Entrance
804 Douglas Road
Suite 373
Coral Gables, FL 33134
Phone: (305) 461-1095
Fax: (305) 461-1096
Toll Free: (866) 71-CLAIM
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