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Long-Term Disability Insurance

O’Connor Law has a team of experienced and professional Long-Term Disability attorneys. Our attorneys not only have expert knowledge with the Long-Term Disability programs but can provide assistance in choosing the correct disability insurance program that is right for you.

What is Long-Term Disability?

A privately purchased and paid for disability insurance plan that is similar to social security disability in that it pays you if you become unable to work due to illness or injury. The difference here is that social security disability is a federally funded program available to everyone who has worked enough under their rules. A long-term disability plan is privately purchased and funded, and is controlled by the contract signed by the person and the disability company.

Long-term is one type of disability insurance program. The other is short-term disability insurance. Long-term disability insurance provides benefits to individuals who suffer an injury or illness that is predicted to last more than a few months. According to the Council of Disability Awareness, the most common reasons that cause people to receive long-term disability insurance is musculoskeletal disorders, cancer, pregnancy, mental health issues, and injuries, such as fractures or sprains.

Long-term disability insurance can provide coverage varying between 40 to 75 percent of a worker’s income while they are not working, as stated by The Guardian. Long-term disability insurance provides benefits to workers who have a disablement or impairment that is expected to last for more than a few months or indefinitely. Unlike the short-term program, long-term disability insurance can continue for years or until the worker reaches retirement age, or beyond.

Beneficiaries are able to initially receive short-term disability insurance and switch to the long-term program when their injury or illness persists for a prolonged amount of time. Before individuals can switch their insurance program from short-term to long-term, there will be another evaluation to confirm that an employee is unable to work after their short-term disability insurance ends. Unfortunately, many people can get denied payments to receive long-term disability insurance. The long-term disability attorneys at O’Connor Law can help people appeal their denied claim. We can help workers in receiving their rightful benefits by using a plaintiff’s medical records and personal statements to support their case. In addition, our attorneys can provide assistance in referring clients to medical professionals where they will receive an independent medical examination to prove their impairment.

Do I Qualify for Long-Term Disability?

Long-term disability insurance requires a prolonged waiting period before workers can receive payments. This period of time is called the “elimination period.” Generally, the time frame is approximately 90 days; however, a beneficiary’s policy may require a longer time.

An employee is able to receive long-term disability insurance if they are eligible and enrolled to receive the program. People are able to enroll in disability insurance programs either by applying individually or through their company or union. Depending on the severity of an injury or illness, workers are able to file a claim to receive benefit payments by short-term or long-term disability insurance. Before and during the elimination period, potential applicants may have to sign certain paperwork, provide medical documents, and complete a medical examination. Once the applicant is approved, they will receive benefits when their waiting period has ended.

Long-term disability insurance also has two programs: total and partial. Total long-term disability insurance provides benefits if an injury or illness causes an individual to be unable to work completely. At this time, the program can also provide benefits until a worker’s retirement age or beyond. On the contrary, partial long-term disability insurance can provide benefits to employees who have injury or illness which stops them from making the full amount they made before the injury or illness. However, they will not receive the maximum amount of benefits as they would if they were totally disabled.

At O’Connor Law, our Long-Term Disability attorneys will fight for you to receive the maximum amount of rightful benefits for your injury or illness. If you have any questions about receiving about long-term disability insurance or whether you are eligible, please contact our office to talk to one of our long-term disability attorneys for a free consultation.

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