Yes: you can still file for long term disability benefits even if your short term disability claim is denied or terminated. It is rare for a plan or policy to require you actually receive short term disability benefits prior to applying for or receiving long term disability benefits.
Typically the time frame for short term disability benefits coincides with the elimination period for long term disability benefits. For example, under a plan you are entitled to 180 days of short term disability benefits and the elimination period for long term disability benefits is 180 days. The idea is that you will have met the elimination period for LTD benefits by receiving the full amount of STD benefits.
There is a common misunderstanding that you have to receive short term benefits in order to get long term benefits. If you are denied STD benefits or your benefits are cut short, you should have an opportunity to appeal that decision under ERISA. At the time you file an appeal, you can also initiate the LTD claim.
You should not give up on benefits you are entitled to. Our firm handles STD denials and terminations and LTD initiation often. We are familiar with the process and how to handle it with all major insurance carriers.
Help from a Lawyer with Expertise in Disability Insurance
This law firm was built to be a disability insurance law firm.That focus means:
- All of our lawyers specialize in disability insurance claims;
- We have experience with every major disability insurance company;
- We have won important long term disability lawsuits.
Our disability lawyers can help you 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.
Hiring an experienced disability attorney is important. Because federal law applies to most disability insurance claims, our lawyers do not have to be located in your state.
Call for a free consultation with an experienced disability attorney. Pay no fees or costs unless you get paid.