The accomplished Phoenix long-term disability lawyers at The Law Office of Paul J. Dombeck PLLC provide knowledgeable responses to questions related to long-term disability coverage, such as:
The duration of private long-term disability (LTD) coverage depends on the terms of the subject policy. Some benefits are available for two or five years. In other cases, the claimant might be able to collect payments as long as the disability persists.
When you report your disabling condition to your employer or directly to your insurance company, it is necessary to have supporting medical evidence on your side. Most policies do not authorize payments until an “elimination period,” typically lasting several months, passes. Usually, the carrier will demand that you apply for Social Security Disability Insurance benefits as well.
A wide range of serious illnesses and injuries can support a claim for LTD benefits. Whether you’re suffering from the effects of a catastrophic accident, a debilitating disease or a mental problem that impairs your ability to function, you might be entitled to coverage under an LTD policy.
Your position can be terminated while you are on long-term disability. However, your LTD benefits should continue as coverage depends on whether you were employed at the time of the injury or illness.
If you’re considering filing for long-term disability benefits, you should understand exactly how much payment you’ll receive if your claim is successful. Some policies replace approximately two-thirds of lost wages during the disability period, but each situation is unique and you might want to consult with a long-term disability lawyer in Phoenix if you’re unsure about the benefit level of the claims process.
Being denied benefits can seem devastating, but you do have legal options when this decision is made. First, it’s important to understand why the insurance company rejected your application. In certain instances, a reviewer might question the authenticity of medical evidence or believe that the medical condition in question is actually traceable to a previously existing condition. If you believe your denial is improper, we can advise regarding a potential action against the plan administrator under ERISA.
Your employment status does not change because you are collecting LTD benefits while you are unable to work due to a medical condition. However, during the course of an extended absence, a business might choose to terminate someone’s employment. Most companies are required to make reasonable accommodations for a worker’s disability if those changes will allow the employee to return.
Taken by themselves, pregnancy and childbirth do not qualify as compensable disabilities. However, medical complications that occur before and after a woman delivers a baby could give rise to a valid LTD claim if the policy requirements are met.
Someone who has a long-term disability policy through their employer does not have to pay taxes on benefits that they receive. However, there could be a situation where tax liability exists because a delay in the processing of a Social Security Disability claim requires the disabled individual to pay back the LTD carrier.