Asking, “When should I apply for Long Term Disability?” is a common concern. We provide the experienced guidance you need to make this critical decision and navigate the claims process effectively.
At Herbert M. Hill, P.A., we are one of the few law firms dealing specifically with the questions arising when deciding to apply for Long Term Disability (LTD) benefits. We represent clients from the beginning, even before the application is filed, to the end, when the final benefit payment is made.
We have walked many clients through beginning a claim for LTD benefits. It is a difficult decision for many about when to “pull the trigger.”
Deciding When to Transition from Work to Long Term Disability Benefits
For many, there is a sudden onset of a medical condition, either due to injury or other reasons. For those claimants, deciding when to apply for Short Term Disability and LTD benefits is pretty much a given.
However, many of our clients have conditions which worsen over time. They will work as long as possible and many times longer than they should. At some point, a tradeoff between earnings and health is difficult. We can walk a client through the decision-making process about when to apply for benefits, considering the circumstances peculiar to each client. Some have financial or medical insurance reasons to hang on a little longer; others do not want to walk away from work, which we all inherently know is good for us when we can do it.
Knowing the optimal timing for applying can impact your chances of securing the vital income stream LTD benefits represent.
Your Medical Condition and Doctor Cooperation
This is the first step in deciding when to apply for LTD benefits. If your medical condition is expected to prevent you from working for an extended period—typically six months or longer—it may be time to consider applying for LTD benefits. This is a topic addressed with your treating physician(s). Doing so is essential because you will be able to assess the level of cooperation you can expect from your doctors. This is critical because their voluntary cooperation is critical to proving your claim. Medical records alone usually will not suffice.
Elimination Periods
It is important to know that both Short Term and Long Term Disability policies all have waiting periods commonly called “elimination periods.” Typically, for Short Term Disability, the elimination or waiting period is one (1) week. The elimination period for LTD is usually the period covered by STD, generally 13 or 26 weeks.
Policy Review
Familiarize yourself with the specifics of the disability policies, both Short Term and Long Term. The policies will govern language concerning eligibility criteria, benefit amounts, and exclusions or limitations. Understanding your policy’s terms ensures you meet the requirements for filing a successful claim.
Financial Preparedness
Of course, for those for whom disability is thrust on them unexpectedly, this type of planning cannot be done unless it is part of ordinary budgeting. However, financial issues routinely crop up if you are asking, “When should I apply for Long Term Disability.” Federal regulations potentially give the insurance companies three (3) months or longer to determine benefits on your claim. Of course, good budgeting tells us that having three (3) months of income saved up is extremely difficult to do in this day and age of rising prices and other financial demands. Whatever the case, be mindful of this potential delay and try to have a buffer to cover you during this time.
The Application Process
You will have to complete routine forms to commence the process. These are detailed forms and must provide the information necessary to begin review and, hopefully, approval thereof. The forms must be precise and accurate. Any mistakes may delay goose chases by an uninformed claims representative.
When we are hired in the early stages of the process, we can handle the completion and presentation of these forms for our clients. In addition, we get between our clients and the insurance companies so that claims representatives do not routinely use bullying tactics when dealing with the newly disabled and likely distraught claimant. We always handle this process to ensure the timely delivery of the benefits, especially concerning a seamless transfer from STD to LTD.
Legal Representation
Over the years we have represented claimants, the claims representatives commonly look for low-hanging fruit when determining which cases to deny. If nothing else, legal representation makes your case not low-hanging fruit.
The claims representative knows that the lawyer, hopefully, will know the case better, know the law better, and will protect the claimant from getting run over by the process itself. Of course, the attorney does not control the purse, but at least the message is clear: this claim is not going away.
Filing an LTD Claim? We Can Help
Deciding, “When should I apply for Long Term Disability?” is a tough time for the claimant. A trained professional is on the other side. Byzantine federal regulations are involved. Please carefully consider the value of the income stream you seek to protect.
If you have any questions about your Short Term Disability or Long Term Disability claim, contact Herbert M. Hill, P.A. today.
