How Do I Find Out If I Am Eligible For Long-Term Disability Benefits?
My name is Brandon Osterbind and I’m an injury and disability attorney here in Central Virginia. I help people whose long-term disability claims have been denied.
How would you know whether you are eligible for long-term disability under your employer’s long-term disability policy? That question depends on what your insurance policy says. But first you should be talking with your doctor.
When you could qualify for long-term disability
If you have a legitimate medical condition that limits your ability to do certain tasks at your job, to do them for the duration of time that you’re required to do them, and that limits your ability to perform the main functions of your job, then you could qualify for long-term disability.
Every insurance policy has a different definition of disability, so it’s important to make sure that you know what your policy says and that you’ve read the policy and shown it to your doctor.
Talk to your doctor
It’s important to have those conversations with your doctor to try different treatments, and to see if you can get to a place where you can perform the main duties of your job again. And if you can’t do those things and you’ve tried to do them, then your doctor needs to be the one to tell you that you should apply for long-term disability and that you should no longer work.
Your next steps
At that point, the next step would be to go to your human resources department, your manager, or whoever regulates those sorts of things, and tell them what your doctor has said. You should also provide medical documentation from your doctor showing that you’re not able to work.
Also make sure you get the appropriate claim forms so that you can file the claims with your insurance company. Once you have filed the claims with the insurance company, they will either approve or deny you. And if they deny you, they are required under ERISA, the Employee Retirement Income Security Act, to tell you why you were denied.
If you were denied
If they don’t tell you why you were denied, then you need to do your best to get that in writing from them so that you know what you need to do to become eligible for your long-term disability benefits.
I hope this video has been helpful. And I hope that now you have a sense of what a long-term disability policy actually is and what is required for you to become eligible to receive benefits under that policy. If you have any questions about whether you’re eligible for long-term disability benefits, let us know.
We’ll be happy to sit down and talk with you about your condition, your accident, or whatever it may be. We’ll also talk about your job and your job description, and whether the symptoms you are experiencing based on your condition limit your ability to do your job. Give us a call. Send us an email. And let’s sit down and chat.