Filing a Short Term Disability Claim
No matter your reason for filing a short-term disability claim, you are likely experiencing a lot of stress at the moment. This stress may not only distract you from your daily activities but also hurt your ability to properly file a claim. However, this claim must be completed without omissions or mistakes in order to be accepted by the insurance carrier.
Hiring an experienced short-term disability attorney who could assist you with the entire claims process could potentially increase the chances of your claim being accepted. In addition, an attorney with knowledge of ERISA could help you identify any violations of federal law that could play into a rejection of your claim.
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Steps of Filing for Disability
Filing a short-term disability claim requires time and attention to detail. If claims are not completed the right way or lock enough supportive evidence to prove a physical disability, they can be—and often are—denied. This is why many applicants choose to hire a skilled lawyer to help them handle the many steps involving in filing their claim.
Obtain and Complete the Right Form
Generally, claim forms can be obtained from an employee’s human resources department, online, from various state departments, or directly from the insurance company. Regardless of its source, the form must be completed in its entirety.
Most forms ask for information like the date when the applicant stopped working, contact information, personal details, and the nature of the injury or illness that the disability claim is for. Applicants should complete every portion of the form, adding whatever supportive details and documentation that they can.
Obtain Doctor Validation
The applicant’s doctor must review and sign a short-term disability claim form in order to verify the condition on which the claim was predicated. Many experts recommend also obtaining a detailed letter from the physician regarding their medical condition to thoroughly explain why the applicant should receive disability benefits.
Submit the Claim
When the applicant believes the form is complete, they should review it carefully to ensure all areas are filled out and that they have fully portrayed how their disability has impacted their life and ability to work. The completed application should be submitted according to the insurance company’s instructions. A copy of the form should be kept by the applicant for their own records.
Wait for a Response
The insurance company’s medical, vocational, and accounting teams generally review each claim for short-term disability benefits. With permission, they may obtain medical records for the applicant in order to validate the claim. As per 29 C.F.R. § 2560.503-1 (f)(3), the applicant should be notified of the acceptance or denial of their claim within 45 days of when they submitted their application.
Potential Impact of ERISA
The Employee Retirement Income Security Act of 1974 (ERISA) governs a wide variety of life insurance, health insurance, and pension plans in the United States and guarantees certain rights to policyholders of such plans. If a short-term disability claim is unjustly denied in violation of ERISA regulations, the insurance company that denied the claim may be subject to significant penalties. A qualified lawyer could help individual applicants determine if their rejection could serve as grounds for an ERISA-centric lawsuit.
How an Attorney Could Help with Filing a Short-Term Disability Claim
Filing a short-term disability claim can be confusing, time-consuming, and cause undue worry and frustration. If you want to make this process easier, and potentially more successful, hire a dedicated and knowledgeable lawyer to represent your claim.
Insurance and ERISA lawyers with extensive experience completing and filing disability claims are available to help you get the benefits you deserve. Call today to get a tenacious ally on your side, so that you do not have to worry about hefty financial burden while recovering from your medical condition.
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded the Law Offices of J. Price McNamara, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts