If you possess a long term disability policy, either provided by your employer or through a policy you’ve acquired independently, you may qualify to receive disability benefits if you find yourself unable to work.
The first step in determining your eligibility for benefits is to is thoroughly read your long term disability (LTD) policy.
You can obtain a copy of your LTD plan from your employer’s human resources department or from the insurance company. There may be instances where HR or the insurer might delay furnishing you with the necessary documents. If you do not receive a response within a week to ten days, you should follow up with a written letter, explicitly requesting a copy of your policy.
If you are presented with a summary of benefits, don’t hesitate to request access to the full policy. This ensures that you have comprehensive information about your benefits and obligations under the LTD policy.
How Does Your LTD Policy Define “Disability”?
Every long term disability policy has a definition of what “disability” means to the insurance company. They are usually “totally disabled” which means you can no longer work at all and “partially disabled” which means you can no longer work full time in your current job.
It is also important to know that your policy will define – or outline – exactly what they consider to be your “own occupation” or “any occupation“. “Own Occupation” typically refers to your specific occupation and your essential duties of that occupation, whereas “Any Occupation” typically refers to being able to find gainful employment that is suited for your work experience and education level.
Proving that you cannot work or that a job is not suitable for your skills will be your responsibility. Using a disability attorney can help with this, but the first thing to do when applying for long term disability is to read your policy thoroughly. If you have a group policy through your employer, you can request a copy from your human resources department.
After you read your policy, you can decide if you think you have a case for LTD benefits. When you start gathering information for your claim, be sure to include all the necessary information that will “stack” your administrative file. Your administrative file is everything in your case. It includes all the correspondence between you and your insurance company, all your medical information, notes from your doctors, and even surveillance footage.
Legal Representation in LTD Claims
Applying for long term disability benefits can be tedious. The process involves a lot of gathering information and can be overwhelming to some. If you have questions, you may want to consult an experienced LTD attorney. Although based in Florida, the Ortiz Law Firm represents claimants across the United States.
If you find that your claim has been unjustly denied or terminated, it may be in your best interest to consult with a long term disability insurance attorney. You can reach us at (888) 321-8131 to arrange a free case evaluation. Together, we will carefully assess your claim to determine your eligibility for benefits and advise you on the appropriate steps to proceed with the process.
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