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Ask the Disability Attorney: How to File for Long Term Disability Through Your Employer

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By Justin Franke and Jason Newfield, Attorneys at Law • • August 29, 2014

Ask the Disability Attorney: How to File for Long Term Disability Through Your Employer
Q: I have been paying long term disability insurance for years through my work... I now need it. How do I go about applying for it and do they understand that this disease does not get better over time? - Jill

A: If this insurance is through your employer, you will typically notify the employer of the need to go out on disability and request claim forms. Long term disability will usually have a waiting period - which can be 30 days, 60 days, 90 days, or even 180 days. Often, there is short term disability coverage to help bridge that time frame (the waiting period is called an elimination period in the policy, which is akin to a deductible in other insurances). The critical aspect of the claim is getting your doctor(s) to articulate or detail the HOW and WHY you are unable to perform your job, not simply the conclusion that you are disabled. The conclusion will not help get you paid, the HOW and WHY is what will help get the claim approved.

If it is a condition that has deteriorated over time, expect that the insurance company will want to know why you can no longer work, when you have worked with the condition for a period of time. It is a good explanation that your condition has deteriorated, but the insurance company will likely want proof of the deterioration.

If the insurance is a private policy that you hold the coverage yourself, then you will need to notify the insurance (preferably in writing) about the claim and request materials to file the claim.

The remainder of the above guidance will apply to this as well.

For more information see "Fibromyalgia and Disability Claims".

If you have questions, please feel free to call us. Frankel & Newfield, PC - Attorneys at Law. 1-877-583-2524

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