As part of our goal of serving our clients from beginning to end on their Short Term Disability and Long Term Disability claims, we routinely address questions arising out of the myriad state and federal statutes which govern these claims and other end of employment rights. The alphabet soup of statutory names alone can be somewhat mystical.
Quite frankly, most of the attorneys who handle Short Term and Long Term Disability claims neatly sidestep these issues by only consulting with clients when disability benefits have been denied. By that time, all these difficult issues have been resolved, either well or, all too often, not so well. An extreme example of this is the Long Term Disability claimant who had signed away those rights in the severance package he had signed. Others have found themselves without the medical coverage they need during the early, more critical stage of the Short Term Disability and Long Term Disability claims.
A Tactic For Short Term And Long Term Disability Claims
One tactic I have observed on these claims is the placing of priority on FMLA (Family and Medical Leave Act”). While that statute does protect an employee’s job for a short period of time- 12 weeks, there is no provision that the employee’s salary is paid which would only happen if there is “PTO” (personal time off) or the like available. The fact is if the disabling condition is going to keep a claimant out more than 12 weeks, FMLA becomes of little significant importance. Yet, the human resources departments of all the employers keep their focus here rather than on the more important issue of getting Short Term Disability benefits in place which an eye toward Long Term Disability benefits. Of course, the insurance company wants none of this- it wants the focus kept on the somewhat valueless FMLA claim.
Part of this tactic is that the doctor will be asked to complete the medical form for FMLA and by the time the forms for the Short Term Disability and Long Term Disability claims come around, the doctor is getting somewhat “formed” out. The insurance company loves it when they are able to wear out the doctor in this way. This is why we do not allow insurance companies to communicate directly with the doctor. They are as abusive with treating physicians and their staffs as much as with the claimants themselves.
How We Can Help
If you have any questions about your Short Term Disability or Long Term Disability claim, please give Herbert M. Hill, P.A. a call and we would be glad to answer any questions you may have. We are available at 407-839-0005 or, toll free, 844-454-5995. After discussing your case, if you would like, we can set a conference. In most circumstances, that conference would be free of charge but in no circumstance would you be under any obligation to hire me nor would you feel any pressure from me to do so.
