Many of us will, at some point in our lives, suffer an illness or injury that necessitates being out of work. We may need to recuperate from a sudden illness that left us too weak to function. We might require surgery and a lengthy rehabilitation period following a broken bone. We could be injured in an auto accident or on the job and need time to heal. Regardless of the reasons why, many employers and private insurers offer short- and long-term disability insurance policies to provide income while we are away from our jobs recuperating.
Our disability attorneys are experienced and knowledgeable in all aspects and all forms of Short Term and Long Term Disability insurance. Disability insurance policies can be broken down into either short-term disability or long-term disability. Some policies are offered through employers, which are referred to as group insurance. However, individuals can purchase standalone policies or as a supplement to group insurance policies they have through their employer’s group plan; these plans are typically governed by ERISA. Although they each serve a similar purpose, individual disability insurance policies offered through an employer have substantially different rules compared to group disability insurance policies
Understanding the difference between short term and long term disability benefits is important. Short term disability insurance provides benefits to employees who are unable to work due to an illness, injury or child birth. Short term disability coverage can range from only a few days to several months and is typically based on the terms of an insurance policy.
Long-term disability insurance becomes available employee has an injury that will cause them to miss more work than is covered under short-term disability benefits. For injuries that prevent a person from working at his or her job and at other jobs that may be available, long-term disability benefits are supposed to provide that person with a source of income. Long-term disability claims are potentially far more expensive for insurance companies than short term disability claims, and therefore, most companies will give much more scrutiny and evaluation to LTD claims. In order to qualify for long term benefits, it is important that employees have evidence prepared in favor of their claims, including medical records and statements from doctors about their inabilities to work.
At some point, your “short term” disability may recur or get worse, and evolve into a long term disability. People who are severely or permanently disabled, after receiving benefits from their short term policy, may pursue long term disability benefits when going back to work is no longer possible.
When this is the case, it is critical that you have a clearly defined record of the disability’s onset. These claims are likely to be much more expensive for the insurer to pay out. It is common practice for many insurance corporations to resort to unfair tactics to deny or delay long term disability benefits.
Even claims for short-term disabilities may be wrongfully denied in order to avoid payments. The insurance company will gamble that your condition will improve and you will return to work and simply forget the claim, or hope you’ll give in to the denial. However, the loss of wages even for a brief time has a severe impact on your finances. Payments that are rightfully due to you should be paid, even if it is after the fact.
Dealing with a disability, illness or injury is difficult, and you need to devote all your energy to getting better. It is during a time like this when you most need to lean on the resources at your disposal, including your short-term or long-term disability insurance. If your claim has been unfairly denied, you may have legal recourse. Contact Saffren & Weinberg today for a free consultation.
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