Your Long Term Disability Benefits in a Nutshell

Long-term disability insurance can save you if you become disabled for three to six months. It pays a portion of your salary if you can’t work due to long-term illness or injury. Long-term disability, when you can utilize it, and how other disability awards affect it are explained below.

Call Gallon, Takacs & Boissoneault at 419-843-6663 for a free consultation with our disability attorney to file a long-term disability (LTD) claim and learn about your disability benefits.

LTD benefits when?

After a major disability, you must assess your employer-sponsored or privately acquired LTD insurance policy. The summary plan description will define “disability” and state the waiting period before filing a claim. You must comprehend your LTD policy and its limitations.

Most insurance starts paying after three to six months of short-term disability (STD). LTD preceded STD. It begins once your STD ends/elimination period. You must establish that you are disabled to receive disability compensation. 

Some LTD policies cover whole and partial disabilities. Several state that you cannot file for LTD while employed. Talk to your HR manager, insurance agent, or our office at 419-843-6663 if you’re unsure of your LTD policy’s criteria. We may examine and explain your policy.

How do I prove disability?

The insurer will need your treating doctor’s medical opinion and medical records to prove you are incapacitated. X-rays, blood work, and surgery reports should be included in your records along with your doctor’s subjective observations. Some situations are easy to prove. Cancer and heart failure may be easier to diagnose than soft tissue musculoskeletal injuries or anxiety disorders. Before submitting your LTD claim, have a Gallon, Takacs & Boissoneault Co., L.P.A attorney review your file to ensure you have enough supporting evidence. 

How much is my LTD monthly benefit?

For total impairments, most LTD insurance pay 50–70% of pre-disability wages up to a ceiling, such as $8,000/month. For partial disability claimants, the insurer calculates the monthly payout as a percentage of the gap between pre-disability and current wages. If you made $4,000/month before your incapacity and $1,000/month after, your insurer will compute your monthly benefit at 50 to 70% of the $3,000 difference. 

Your plan allows benefits to continue as long as you are eligible. Some LTD plans pay for five or 10 years, while others pay till retirement. If your condition is projected to persist a year or more, you may qualify for Social Security disability (SSD) benefits. If eligible, your LTD insurance may encourage you to apply for SSD. SSD, VDC, and other disability payments will offset LTD benefits. Therefore, your LTD provider will urge you to acquire as many other benefits as possible to decrease its payout. 

Your insurance may deduct your SSDI payment for the months your SSD award should have offset your LTD compensation. 

Long-term disability excludes which disabilities?

LTD plans cover most injuries and limitations, with exclusions. Most insurance excludes self-inflicted, work-related, preexisting, crime, and war-related injuries. Drug, alcohol, and mental health disorders may require a delay. 

To stay eligible, you must continue treatment. Check your policy’s exclusions and limitations.

Disability lawyers can assist you collect benefits.

The Social Security Administration estimates 25% of 20-year-olds will become incapacitated before retirement. A disability can prevent you from working for years. The 2011 U.S. Group Disability Rate & Risk Management Survey found that long-term disability benefits average 35 months. LTD helps people survive. It’s not charity. It’s your right. Townsville lawyers can assist with navigating the legal aspects of disability benefits.

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