Lynn Bishop Attorney at LawSHORT AND LONG-TERM DISABILITY BENEFITS

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1. What are short and long-term disability benefits?SHORT AND LONG-TERM DISABILITY BENEFITS
Some employers offer short and long-term disability benefits as a fringe benefit to supplement the benefits available under the Social Security and Workers' Compensation Acts.

You can learn if your employer offers these benefits by looking in your benefits booklet. If you don't have a benefits booklet, ask your employer to give you one. Generally speaking, if your employer provides fringe benefits, benefit booklets are required by law so you can know what benefits are available to you.

2. Who can receive short and long-term disability benefits? The eligibility requirements are determined by the terms of the benefit plan. Most plans provide benefits if you become unable to do your regular job because of an illness or injury. Unlike workers' comp benefits, the illness or injury does not have to be caused by your work.

Unlike Social Security disability benefits, you do not have to be unable to perform all types of work nor does your disability have to last or be expected to last at least 12 months. In most plans, to continue eligibility for long-term disability benefits for more than two years, you have to show that you are unable to perform any type of job because of your illness or injury.

3. How do I apply for short or long-term disability benefits? You should be able to obtain the forms you need by requesting them from your employer.

4. What if I am also eligible for Social Security or workers' comp benefits? In most plans, short and long-term benefits are coordinated with Social Security and workers' comp benefits. That means the amount of your short-term or long-term benefit is reduced by the amount of the Social Security or workers' comp that you receive. In some plans, eligibility for workers' comp makes you ineligible for short or long-term benefits. Your benefit booklet should provide information on how your benefit plan coordinates with Social Security and workers' comp.

5. What should I do if my application is denied? In recent years, insurance companies who sell group disability insurance to employers have become very aggressive about denying claims that ought to be approved. If your application for short or long-term disability benefits is denied, you should contact an experienced ERISA lawyer right away. ERISA (Employees' Retirement Income Security Act) is the federal statute that governs employer benefit plans. This law stacks the deck in favor of the insurance company. It will be very difficult for you to successfully appeal the denial of your application without an experienced ERISA lawyer representing you. In our office, there is no charge for a conference to review your case.

  6. What does it cost to hire a lawyer? In some cases, our fee is one-third of the past-due benefits if the claim is approved. In other cases, a predetermined minimum fee is required. In addition to the fee, you would be responsible for our out-of-pocket expenses such as the cost of obtaining medical records and reports. There is no charge for an office conference to review your case to determine if we can help.


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