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Steve Fields

Long Term Disability FAQs

Long-Term Disability Frequently Asked Questions

Written by on March 6, 2016
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People who are unable to work due to an injury or disability are often confused and unsure of what their rights are, or how to protect those rights. At Fields Law Firm our long-term disability attorneys are here to help you get answers to your questions. We can explain your rights and help you get the benefits you deserve.

  1. How do I apply for long-term disability benefits?
  2. Typically, you must first apply for short-term disability benefits. You can apply for long-term disability benefits after your short-term disability benefits end. The long-term disability insurance company has application forms you must submit.

    The application generally asks for information about your disability, your job and your healthcare providers. You will also likely need to sign an authorization for release of information so the insurance company can request information from your employer and your doctor.

  3. I received a letter saying my long-term disability benefits were denied. What should I do?
  4. A denial letter from the insurance company is almost always bad news. But, that letter contains important information about why your claim was denied and what your next step should be. If you received a long-term disability denial letter, contact our attorneys immediately to review the information and learn about your legal options for appealing the decision.

  5. How does a long-term disability insurance company decide if I qualify for long-term disability benefits?
  6. The insurance company will review your medical records, employment information, medical information provided by your doctor, reports provided by experts employed with the long-term disability insurance company, and any other information that you provide to the insurance company.

  7. Can the insurance company use my social media history against me to deny my benefits?
  8. Insurance companies often use social media accounts to monitor claimants for potential fraud. However, sometimes the information they are viewing is out of context, so it’s important that you understand how long-term disability insurance companies gather information from your social media history.

  9. Does the long-term disability insurance company have to give me information about my insurance policy?
  10. Yes. the attorneys at Fields Law Firm can help you get details about your long-term disability plan from your insurance company.

  11. If I can no longer work, should I quit or use any FMLA or PTO?
  12. If you are unable to work for any reason, it’s important to understand all of your legal options before making any decisions. An attorney can review your situation and recommend the best option for your specific circumstances, including FMLA, PTO, Workers’ Compensation, Social Security Disability, Short-Term Disability, Long-Term Disability and Private Disability Insurance. In fact, if you quit your job before speaking to an attorney, you may lose out on certain benefits that are available to you.

  13. Can I get fired for applying for long-term disability benefits?
  14. It is illegal for employers to retaliate against you for filing a disability claim. This means your employer can’t fire you, or even suspend, discipline, or discriminate against you for applying for long-term disability benefits. If you experience this kind of harassment from your employer after applying for disability benefits, contact Fields Law Firm immediately. Our long-term disability attorneys can help protect your rights and ensure you are treated fairly.

  15. What if I am unable to work due to a mental illness?
  16. If you are unable to work due to a mental health condition, it’s important for you to talk to a mental health professional about how your condition affects your ability to work. Many long-term disability policies cover mental illness, including disorders, dysfunctions, abnormalities, and syndromes that are:

    • Behavioral
    • Cognitive
    • Emotional
    • Mood
    • Personality
    • Psychological
    • Stress-related

    Keep in mind, some long-term disability policies limit the number of months that benefits can be paid for mental conditions, while others exclude this type of disability from coverage.

  17. Do I need to apply for Social Security Disability while receiving long-term disability?
  18. Most long-term disability policies require you to apply for Social Security Disability benefits to offset the amount they have to pay you for lost income. the insurance company may even refer you to a third party to assist you in applying for these benefits. It’s is critical that you speak to an attorney to ensure you are being represented by someone who is looking out for your own best interests.

  19. Am I still a company employee while I’m on long-term disability?
  20. Under some plans, a person on leave for long-term disability is still considered an employee and entitled to employee benefits. Under other plans, a person on leave for long-term disability is not considered an employee of the company. We can help you determine which category you are in.

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