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Long Term Disability Claims (LTD Claim)

Pranzitelli Law > Types Of Injury Cases > Long Term Disability Claims (LTD Claim)



Many employers offer long-term disability benefits to employees as part of their group benefit packages. Long-term disability benefits provide income replacement to those who are unable to work for an indefinite period of time due to an illness or injury. While every long-term disability policy is different, all policies require that an insured person satisfy a “qualifying period”(also known as an elimination period or waiting period), submit a complete application, provide updated medical application, participate in treatment/rehabilitation and be subject to a “change of definition” where the insurer’s definition of disability changes from “own” occupation to “any” occupation.


When should I apply for LTD?


If you are unable to work due to an illness, injury or disability, then you should avail yourself of a LTD policy if available at your place of employment.   You will typically need to first go on short-term disability (and or unemployment insurance) before qualifying for long-term disability.   This time period is typically referred to as the “waiting period”, “qualifying period” or “elimination period”.  Once this period has expired, you will then apply for LTD.  If approved, the LTD Carrier (which is not your employer) will then cover a portion of your salary while you are off work.


How Much Will I Receive While on LTD?:


The amount of your long-term disability benefit will depend on your policy. Benefit amounts can be equivalent to 50%-85% of your ore-disability monthly income. The average policy tends to be in the 66.66% range.  Depending on your policy, your benefit may or not be taxable.  


How Long Can I Stay on LTD?:


Once again, every policy is different.  You will find that with LTD policies, there is a great variation between the time frames, pay ratio and qualifying periods.  Every LTD policy differs, however many offer maximum terms of 5 years, 10 years and even 15 years of maximum payout, while others may pay you until the age of 65.  Of course, for all of these terms, it is not only dependant on you meeting the initial criteria, but also that you continue to meet the complete disability criteria.


Will I be Under Surveillance While Receiving LTD Benefits?:


With any disability or Personal Injury, the defendant (who is typically an Insurance Company) may conduct surveillance on you.   They will do this in attempt to record you doing something that you have indicated you are unable to do.   Be honest with your doctor and your lawyer to ensure you do not damage your claim.


Do I Need a Lawyer to Handle My LTD Claim?:


Long-term disability policies are complex and contain many provisions. Letters from the insurance company may contain terms that are ambiguous or unclear.  A lawyer can help you to understand your insurance policy and any letters from your insurer.


If your application for long- term disability benefits has been denied, or your benefits have been terminated, you should not hesitate to seek legal advice. It is always important to understand your rights and your options with respect to a denial of benefits and to know that you can pursue a court action against your insurer.



If you have had your Long Term Disability Benefits denied, call Pranzitelli Law Firm today for a free consultation.



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