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How long can I get long-term disability benefits for a mental illness?

7 Aug 2021

How long can you get disability benefits for depression or anxiety or other mental illnesses? Sometimes I’ll have people come to me with a physical disability, and other times I’ll have people come to me with more of a mental illness type disability that is significantly affecting their ability to live life and to do work. So, what I’ll always tell people is, every insurance policy is different. The question is, how long can you expect to get long-term disability benefits for a disabling mental illness? The answer to that is going to be different for every insurance policy, but I’ll tell you what I see in a lot of insurance policies.

Two-year limitation is common   

A lot of times, what I see is there is a two year limitation to mental illness diagnoses and disabilities. I’m     not quite sure why they do that, but they do it in a way that I think limits your ability to get better. I think that they hope that with a mental illness, you can treat that and ultimately get back to a functional state. But as we all know, in some mental illness cases, you can’t ever get back to a fully functional state in a work scenario. So, that is a significant hindrance for a lot of people. I’ve even had some cases, I’m in the middle of an appeal now, where we have appealed the mental illness classification because our client was injured in a car accident and had a traumatic brain injury, which is a physical injury that has mental illness symptoms.

When a mental illness could be exempted

Even though there are some symptoms of a mental illness present, the question is, is that exempted from the definition of what a mental illness is? So, just because you’ve been classified as a mental illness, doesn’t necessarily mean that you have a mental illness and you still need to appeal that adverse benefit determination. Because if they say that you are limited to two years of total disability, but you’re only 55 years old, you’re essentially giving up eight years worth of long-term disability benefits. Because if you’re limited to two years and you’ve got 10 more years on your LTD policy, then you’re only going to get benefits for two, and you’re going to give it up for eight. You don’t want to do that.

So, how do you not do that? Well, you have to read the policy. The insurance policy will have all of these standards built into them. You need to make sure that you understand, one, what a mental illness is, and two, whether there is a limitation for your mental illness. 

If you need help getting to the bottom of this, I’ll be happy to talk to you about this. You can click on the comment section below and write your questions. I’ll be happy answer them there. Or if you want to talk to me directly, give me a call or send me an email, I’d be happy to chat with you.

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Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
Nathaniel Amendola
3 months ago

Very compassionate and knowledgeable people who helped us with our situation. They worked quickly and I can’t tell you how grateful I’m they were so caring. I would recommend this firm to anyone that anyone
Lori Rudder
a year ago

The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
Wendy Shull
a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
Meghan Rudder
a year ago

Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
Amber Higby
2 year ago
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