Submitting a claim for short term and long term disability benefits can be confusing to those who have never had to do it before. It goes without saying that claims for disability benefits can be complicated and you should know all your rights under the law and the disability policy as well as your obligations. It is important to speak with an experienced disability insurance attorney.
The following is a step-by-step explanation on how the process works.
1. First, you have to notify your employer that you are going to stop working and need to apply for disability benefits.
2. Request a copy of the short term and/or long term disability policies and/or plans from your employer. Human Resources or whoever is responsible for employee benefits is usually responsible for providing these documents if requested.
3. Notify the insurance company that you intend to submit a claim;
4. The insurance company will send you several forms, including claim form and an Attending Physician Statement (APS). There may also be a form for your employer to complete.
5. You are required to complete the claim form, your physician completes the APS, and your employer completes the employer’s form. You want to make sure all forms are completed properly and in a way that supports your inability to work due to your medical condition.
6. Although the insurance company will have to sign an authorization to obtain medical records, it is your responsibility to ensure they get the records requested.
7. Once everything is submitted, the insurance company will, at a minimum, have your medical records reviewed by their doctor. You might be asked to undergo an independent medical examination (IME), functional capacity evaluation, neuropsychological evaluation, or some other testing.
Note, if your disability claim is governed by ERISA (the federal statute that governs most disability insurance claims), the insurance company has a set of deadlines and rules to follow. For example, the initial decision must be made in 45 days, but up to 2 extensions of 30 days each are permitted if there are special circumstances that prevent the insurance company from making a timely decision. For appeals of denial disability claims, the insurance company has 45 days to make a decision and one extension of another 45 days.
Having an Experienced Disability Attorney Matters
This law firm has focused entirely on disability insurance claims since being formed. Because of this focus, the firm has significant experience withall major insurance companies, such as Hartford, UNUM, Prudential, Lincoln Financial, Northwestern Mutual, Principal, CIGNA, and more.
The firm has represented people who have suffered from a stroke, MS, chronic pain conditions, trigeminal neuralgia, cancer, cardiovascular disease, ME-CFS, fibromyalgia, andjust about every medical condition.
Dabdoub Law Firm represents clients nationwide with:
- submitting a disability insurance claim;
- appealing a long-term disability denial;
- negotiating a lump-sum settlement; or
- filing a lawsuit against your disability insurance company.
With so much at stake, shouldn’t you have experienced disability lawyers on your side?
Call to speak with a disability insurance lawyer.