For people who work for large consulting firms, the prospect of giving up a high paying role with generous benefits, performance bonuses and access to networks feels like giving up on a lifetime of career success.
For that reason, many will delay filing a long term disability insurance claim, especially for those professionals who pride themselves on their strong work ethic and professionalism. But there comes a point when pushing through a serious medical or mental health condition is no longer sustainable and legally and financially risky.
At Newfield Law Group, we regularly speak with high-earning consultants, executives and professionals from across the country who have reached their physical and emotional limits but don’t know when or how to take the next step in that journey and begin the disability insurance claim process.
To provide some help, here is some of what you need to know about recognizing the right time to stop working and file a short-term or long-term disability claim.
Understanding the “Heroic Effort” and How It Backfires
In LTD cases, we encounter the term “heroic effort” when a person with a disability continues to work despite tremendous physical or mental challenges. They are worried about losing income, identity or professional standing. This is not unusual for professionals and consultants who have devoted years to building careers.
What they don’t know is that continuing to work despite disabling conditions can be used against them by the long term disability insurance company. The argument is blunt: After all, you kept working all these years with the pain and suffering, why would you stop now? You have had your condition for years, now you just quit?
The LTD company will argue that continuing to work is proof your condition isn’t as severe or disabling as you say, undermining the legitimacy of the claim. This nuance is one of many reasons why it’s critical to consult with a long term disability insurance attorney before making important decisions about stopping work or filing a claim.
When to Contact a Long Term Disability Attorney
If any of these describe your situation, it’s time to speak with Jason Newfield:
- Your condition is making it increasingly difficult to perform the tasks and duties of your job.
- You’re making mistakes, missing deadlines or receiving negative performance reviews because of your disability.
- You’ve started using sick days or taking PTO to manage symptoms.
- You feel physically and mentally exhausted after minimal work.
- Your treating physician has told you to stop working.
- Your work is being noticed by supervisors or a performance plan has been implemented.
Take proactive steps with a short-term or long-term disability insurance claim before you are terminated or forced to resign. If you are fired before you file a disability claim, you may no longer be eligible for long term disability benefits, as most policies require you to be actively employed at the time of the disability insurance claim.
What About Short-Term Disability Claims?
In many instances, you have to file a short term disability claim before making the transition to long term disability claim. This is especially important for consultants and professionals working at companies with structured disability benefit plans requiring exhaustion of short term disability benefits before long term coverage begins.
An experienced short-term disability attorney can help you:
- Understand the disability insurance policies claim requirements.
- Coordinate medical documentation, physician statements and other evidence of disability.
- Ensure you file on time and are compliant with plan deadlines.
- Avoid the many pitfalls leading to delays or denials of claims.
You’ll want to file a short term disability claim while you are still employed and on payroll to help preserve your eligibility for employee-sponsored benefits like health insurance, life insurance, retirement contributions and disability. This is critical, especially for employees at firms that are beginning to downside or restructure due to lost contracts or shifts in government policy.
What Happens If I Wait Too Long to File a Disability Claim?
Many people are understandably reluctant to file for long term disability benefits. They’re fearful of the possibility of giving up a high income and their professional identity. Filing a claim can also require recognition that yes, you do have a serious disability and yes, your life is going to change. But waiting too long can have permanent consequences.
- Loss of eligibility. Most LTD policies require a claimant to be under a physician’s care and to stop working while still unemployed. If you’re fired or laid off first, you may no longer have these benefits at all.
- Loss of credibility. If you’ve worked for years with a serious condition, the insurance company will question the timing of your claim.
- Financial loss. A sudden job loss on top of a disability can put your financial future at risk. Add to that the loss of health insurance and the stability of a lifetime can come to an end quickly.
- Legal vulnerability. If your employer is losing contracts or restructuring, you could be among the first to be let go, especially if health issues have impacted your performance.
Consulting Industry Trends
Newfield Law Group talks with professionals and consultants from around the country and we have been seeing a sharp uptick in inquiries from professionals at large consulting firms. Many firms are experiencing reductions or terminations in government contracts, leading to job instability and heightened concerns among employees with chronic health conditions.
Consultants are rightly worried about job security, and those who are already struggling to keep up because of their medical condition need to be especially proactive about long term disability claims.
What to Expect When You Call a Disability Attorney
When you call Newfield Law Group, you’ll have a confidential consultation with Jason Newfield, an attorney with more than 25 years’ experience in short and long-term disability insurance law. During the call, he’ll discuss your STD and LTD policy, share his knowledge of your insurance company’s handling of similar claims and explain what you can expect as your claim progresses.
Don’t Wait Until It’s Too Late
You don’t want to wait until you’re completely burned out or on the brink of being fired to find out what your options are. The sooner you contact a qualified long term disability insurance attorney, the more information you’ll have and the better decision you can make to protect yourself and your finances.
If you’re not sure whether this is the right time for you to file a claim, call Newfield Law Group for a free consultation. We represent clients nationally and can help you navigate this complex process with compassion, discretion and aggressive representation.
