Brigette Honaker  |  November 21, 2022

Category: Legal News

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lawyer helping client with disability claim

Many disabled Americans rely on LTD benefits to help them through what can be a difficult financial time if they are unable to go to work. When considering policies for LTD benefits, one of the biggest factors people take into consideration is how long the benefits of LTD will last.

What are LTD benefits?

So what exactly are long-term disability benefits? Long-term disability insurance, like short-term disability insurance, is meant to provide people who become disabled and unable to work with income for a certain period of time.

Disabilities can include several illnesses, injuries, or even chronic condition. As long as a disabling condition prevents the insured person from doing their job, consumers may be able to collect long term disability benefits.

As its name suggests, long-term disability insurance is meant to cover a period of being out of work generally much longer than short-term disability insurance.

LTD benefits help workers who are no longer able to work due to a disability. Benefits of LTD can cover a range of expenses, including housing and food—this money can be used as you see fit to support yourself while you’re out of work.

In contrast with short term disability, long term disability policies are typically offered through an insurance broker or an insurance company. Although this is not as easy as securing a policy by virtue of employment, this may allow insured parties to shop around for the best possible benefits.

The benefit amount is based on a percentage of your income; generally, it comes out to about 60 percent of your gross monthly salary. But, if you’re buying the policy with your own, already-taxed dollars, your benefits won’t be taxed, and the coverage benefit should end up coming out pretty close to your actual monthly pay.

While short-term disability policies generally provide coverage for periods of 3 to 6 months, long-term disability benefits, by contrast, generally cover periods of a few years.

Most LTD benefits policies pay for 2, 5, or 10 years. Some even last until the disabled worker reaches retirement age.

What are the requirements for receiving LTD benefits?

Requirements for LTD benefits will vary by policy, but they generally include a few common threads.

Disabled man in wheelchairFirst and most essential is being able to prove you’re disabled under the terms of your specific policy. There are some exclusions, such as for pre-existing conditions, or for particular diseases or workplace accidents. These exclusions will vary from policy to policy.

It is also important that you pay your premiums on time if your benefits are not provided through your employer, in order to make sure you keep your eligibility for benefits. However, most long-term disability policies are provided through employers.

There is also generally an “elimination period” that disabled workers must go through before they can start receiving their LTD benefits. These periods are usually between three and six months. Some people choose to get short-term disability insurance as well to make sure they are fully covered the entire time they are out of work, including the elimination period prior to long-term benefits kicking in.

How is short term disability different from long term disability?

Short term disability benefits provide income replacement for a short period of time, usually between three to six months, following a disabling injury or illness. These policies may be ideal for shorter term illnesses or injuries which prevent insured consumers from working.

According to Policy Genius, short term disability policies are easier to come by. Unlike long term disability policies, insured individuals do not have to pass a medical exam or go through intense underwriting to qualify for the policies.

Short term disability may also be easier to find due to the fact that individuals can find short term disabilities through their employer. In fact, in some states such as California, Hawaii, New Jersey, New York, and Rhode Island, employers are legally required to provide short term disability policies to their workers.

Like long term disability, short term disability claims can be complicated and require many steps and various forms of documentation. For both forms of disability insurance, an experienced attorney may be able to help smooth the process along and negotiate on behalf of claimants – giving them the time to manage their disabling circumstances.

How can a LTD attorney help you?

A LTD attorney can not only help you file your claim, ensuring you have all the evidence you need for the most effective claim possible, but can also help you appeal your case if it is denied. One of the ways they can help is in gathering the necessary medical evidence to build your appeal. Should it come down to it, a LTD attorney can also help you pursue litigation if your appeal is also denied. Keep in mind that you can only submit evidence in the administrative process, prior to litigation, so this evidence-gathering is especially important.

Should you hire a LTD attorney?

More and more people are coming forward with allegations that their legitimate disability claims were unjustly denied, leaving them without LTD benefits when they need them the most. If you believe your disability insurance claim was denied or terminated unfairly, the first step is to file an appeal for the claim. If that fails, you may be able to file an LTD denial lawsuit and pursue compensation.

Filing a lawsuit can be a daunting prospect, especially while dealing with something like insurance issues, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation and maximize your potential compensation.

Get Help With Your Long Term Disability Insurance Appeal

If you filed a claim for long term disability insurance benefits and your claim was denied or terminated, the attorneys working with Top Class Actions can help you file for an appeal against the insurance company, which will help increase your chances of a successful appeal. 

You may also qualify for help if you are just beginning the application process or if you have already filed your appeal and haven’t received a denial letter.

Fill out the free form on this page for more information. 

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