If you cannot work because of a serious injury or medical condition, you might be eligible for long-term disability (LTD) benefits. LTD insurance is different from Social Security disability. LTD plans are sold by insurance companies or self-funded by employers. They provide some benefits if you become disabled. LTD plans provided by employers are governed under the Employee Retirement Income Security Act of 1974 or ERISA.
Requirements to get LTD Benefits
LTD policies are not made equal. You must review your policy’s terms. But, typically, you should wait for 90 days to 180 days before you can file for LTD benefits. Also, you should prove that your disability prevents you from performing the material and substantial duties of your occupation and the duties of any occupation based on your education, training, or experience after two years. Your condition should be one of the conditions that qualify for long term disability in the U.S. and you can’t be barred from coverage because of exclusions such as pre-existing conditions if you file a claim in the first 12 months of coverage.
Steps for Filing an LTD Claim
Before you file your LTD claim ensure you compile your evidence, review your plan documents, and understand the procedures. It is in your best interest to have an attorney do this with you, so you can better understand the complex language of insurance. Evidence you might collect include medical records, doctors’ statements, and other important information.
When you file an LTD claim, you should complete a statement that sets out details on your identity, employment history, medical conditions, treatment, and disability. Make sure to give honest and accurate information on this form. Also, you must sign medical releases. Your doctor and employer will need to complete some forms too, so make sure to follow up and confirm they have completed and submitted the forms on time.
Finally, keep in mind that Insurance companies will try to deny your claim as they want to protect their bottom line. But, if you work with an experienced LTD lawyer, you have a greater chance of delivering a successful application. Your attorney will make sure you properly complete your application, meet all the deadlines of the insurance company, and give them a compelling disability claim. And if the company denies your claim, your lawyer can help you comply with the appeal process and build a strong evidentiary record that supports your claim.
Along with your lawyer who can help with all compliance and legal proceedings it is important to have the backing of a good Disability Insurance company who will work with your lawyer to ensure that any and all disability claims are dealt with effectively and provide you with the benefits you deserve in each specific scenario.
