When sickness or injury require an extended period of time away from work, deciding when to file a long term disability insurance claim – and understanding how your employer may react –can be a complex and stressful process. Many employees worry: what if my employer fires me? What if they misunderstand my declining work performance as a lack of effort rather than a result of my disability? Can I file a claim while I’m still working?
These are questions regarding the long-term disability insurance attorney Jason Newfield hears on a regular basis. Unless you’ve navigated an LTD claim before, you likely don’t know what to expect. Once you and your treating physician determine that you no longer perform the duties of your job, the next step is understanding when and how to file your long term disability claim– and what will happens once you do.
When to File a Disability Insurance Claim
You should file the long or short term disability claim as soon as you know you will be unable to work for an extended period of time. Most LTD policies have an “elimination” period, which is a waiting period, often ranging from 90 to 180 days. This period begins when you can’t work – – not when you file a claim. Some policies permit someone to work (reduced) while satisfying the elimination period – but it is policy specific.
Consider this like a deductible on a homeowners insurance policy. You’ll have to cover all of your expenses, with no income coming in. Review your LTD policy to find out how long the elimination period is and whether it can be satisfied with reduced work, so you can plan for the financial upheaval.
Filing a claim takes time and requires meticulous preparation. The insurance company will require extensive documentation and support. You may be required to provide additional information, including medical records, diagnostic tests, employer statements, and financial records. Some of these requests, like personal financial records, may go beyond what your policy legally requires, but ignoring them can delay or jeopardize your claim.
In a perfect world, the insurance company receives all of the requested records and begins payment on the 90th or 180th day when your elimination period ends. Submit your claim early enough to avoid any delays and be sure all required documentation is accurate and complete. As soon as you know you won’t be able to continue working, you should contact a long term disability insurance attorney to streamline the process and protect your rights.
Should I Quit My Job Before Filing an LTD Claim?
For almost every situation, the answer is no. Do not resign, volunteer to work part time, or accept termination if you can avoid it. Doing so could severely impact your long term disability insurance benefits. One must be “actively at work” when a disability begins, or their group LTD policy will not be effective. Quitting may take away such rights.
Courts have repeatedly held that employees who resign or are pressed to leave before filing an LTD claim risk losing disability coverage entirely. Remain employed, following the rules as per your LTD policy. Don’t resign.
Every situation is different. Many high income earners, including physicians, attorneys, executives, engineers and business owners, push themselves to keep working after their condition makes it untenable. Those with private policies may have greater rights and protections than those with group LTD policies.
Now is the time to seek legal advice from an experienced LTD attorney like Jason Newfield, who has successfully guided clients through every stage of the disability claims process, from filing the initial application to securing long term benefits.
Understanding the LTD Policy and the FMLA Connection
Your long term disability insurance policy contains key provisions about when you may file a claim, the length of your elimination period and when benefits, if approved, will be paid. For many people, making sense of a legalese-dense contract while coping with a life-changing disability is too much, and that’s when they start working with an experienced LTD attorney.
You may need to coordinate your LTD claim with FMLA (Family and Medical Act) leave. Under FMLA, eligible employees can take up to 12 weeks of unpaid leave per year for personal or family medical issues. While FMLA protects your job during your leave, it doesn’t guarantee protection after your return. Aligning FMLA and LTD strategically—with the guidance of an attorney – can safeguard your employment and your financial security. FMLA approval does not guarantee approval of disability claims and payment of benefits, even when based on the same condition. And securing STD/LTD benefits does not guarantee one’s job protection.
What Can You Expect from Your Employer When Filing an LTD Claim?
Employers aren’t always generous or forthcoming when it comes to a high income person taking a leave or filing a disability claim. Employers may question your disability, suggest a reduced workload, or imply that your job is at risk. Even in the best of circumstances for a well-funded company or practice, this is challenging. That is why you need an LTD attorney to ensure your claim is protected.
Working with an Attorney with Experience in Disability Insurance
Employees must know what rights they have, and what their obligations will be to succeed with a disability insurance claim. Newfield Law Group focuses on long term disability insurance and has worked with every major long term disability insurance company. The founder, Jason Newfield, has won important long term disability lawsuits when litigation was the only way to resolve a dispute. He helps clients with submitting disability claims, appealing denials, and filing lawsuits when necessary.
Hiring an experienced long term disability insurance attorney can be the difference between focusing on your health and recovery and the financial struggle occurring when the insurance policy you counted on is snatched away by a powerful insurance company interested only in profits and not people. Call Newfield Law Group today for a free consultation with an experienced disability attorney. We look forward to speaking with you.
