When exploring the possibility of filing a claim for Long Term Disability benefits in Orlando, you need to understand what determines your eligibility and your potential benefits.
After an injury or medical condition that prevents you from working, you can be faced with mounting medical bills, utility bills, and household expenses. Filing for Long Term Disability benefits in Orlando can ease your financial burden and help you focus on your health. But how do you know if you qualify and what your benefits could be? We are here to explain.
What Is The Definition Of Disability?
The definition of disability will vary by policy and has a big impact on what benefits you will be eligible for. Disability generally falls into two categories:
Own Occupation – In this type of Long Term Disability policy, you would be considered disabled if you were unable to perform your own job. If you were a firefighter, for example, and were injured, you would be unable to perform your firefighting duties and would be eligible for disability benefits, even if you were able to perform other jobs.
Any Occupation – This type of Long Term Disability policy is more strict and says that you are only eligible for disability benefits if you are unable to perform any job that you are qualified for based on your experience, training, and education.
Are There Any Exclusions Or Limitations To Long Term Disability Benefits In Orlando?
There are a few other factors that impact your eligibility and how long you can receive Long Term Disability benefits, including:
Pre-Existing Conditions – If you have an injury or illness that was diagnosed or treated before your coverage began, you may not be eligible for benefits. This time period varies by policy but is often 90 or 180 days. We recommend that if Long Term Disability coverage is available through your job, you sign up during the initial enrollment period.
Elimination Period – This waiting period before your Long Term Disability benefits take effect can be three to twelve months. You can generally receive Short Term Disability benefits during this time.
Medical Conditions – Your policy may have a cap of 24 months for benefits based on mental and nervous conditions. There are common exceptions to this cap including brain disease and schizophrenia. Disabilities that result from substance abuse may only be covered for a short time or not at all.
Benefits Duration – The duration that you are eligible to receive benefits will vary by policy. Some policies allow for benefits to be paid until age 65 while others only pay for a limited number of years. Most plans will pay between 50% and 60% of your former pay.
Benefits And Taxes – Your benefits may be taxable depending on how you or your employer paid your premiums. If you paid your premiums with before-tax
dollars, your benefits are taxed as income. If you paid your premiums with after-tax dollars, your benefits will generally be tax-free.
Social Security Disability – Typically, when you file a claim for Long Term Disability benefits in Orlando, you will be required to also file for SSDI or Social Security Disability Insurance. Your insurance company will generally offset your total benefits by the amount you receive from your SSDI benefits.
What If You Are Denied A Long Term Benefits Claim?
You can appeal a denial of benefits based on the rules laid out in your policy. Pay close attention to any deadlines that you must adhere to. In the case of an appeal, it is helpful to have legal representation so that you follow the appropriate processes which can be complex.
Our team of experienced Long Term Disability lawyers at Herbert M. Hill, P.A. can advise you on your best course of action and represent you in front of a judge if need be. Contact us today with any questions about Long Term Disability benefits in Orlando.