Can You File A Florida Long-Term Disability Claim While Still Employed?

Struggling with a disabling medical condition but still working? You can file a Florida long-term disability (LTD) claim now, particularly if your symptoms make it difficult or impossible to perform your job.

However, employer-provided LTD policies often include complex requirements, and your choices can directly affect whether your claim is approved or denied. Our experienced Jacksonville long-term disability lawyer explains how filing too soon (or too late) can lead to complications, delays, or even a denial.

Why Timing Matters When Filing an LTD Claim

According to the National Association of Insurance Commissioners (NAIC), close to half of all Florida workers get long-term disability insurance through their employer. These policies typically cover disabilities that keep you from performing “material and substantial duties” required of your regular job.

However, to qualify, you generally must be working when your disabling condition begins. That means it’s often better to file your Florida LTD claim before you stop, rather than waiting. However, common issues that can arise include:

• Not meeting the definition of disability because you’re still technically working full-time.
• Using sick leave or vacation time without realizing it affects your eligibility date.
• Waiting too long after going out on leave and falling outside your policy’s filing window.
• Employer confusion or lack of cooperation, which can delay paperwork and worsen your condition.

Filing while still employed doesn’t guarantee approval, but it does help establish that you were covered under the policy when your disability began.

Steps to Take When Filing a Florida Disability Claim Before Leaving Your Job

In order to file a claim for employer-provided long-term disability benefits while still working, you need to have a plan. Insurance adjusters look closely at how your condition impacts your ability to perform work-related tasks, and any inconsistencies can raise red flags. To protect your LTD claim:

• Get detailed documentation from your doctor stating that you suffer a condition that causes impairments that prevent you from performing job tasks and is expected to last a year or more.
• Communicate in writing with HR about your intent to file for LTD benefits while still employed.
• Request copies of all policy-related documents, which you are legally entitled to under the Employee Retirement Income Security Act of 1974 (ERISA).
• Closely review policy terms, especially the definition of disability and any elimination period.
• Avoid pushing through work tasks that contradict your claim, such as heavy lifting or overtime.
• Consult our experienced Florida long-term disability lawyer immediately if your claim gets delayed, disputed, or denied.

Contact Farrell Disability Law To Speak With Our Experienced Florida Long-Term Disability Lawyer

Starting the Florida LTD claims process early ensures you meet filing deadlines and helps avoid interruptions in income. However, insurers are often quick to deny or dispute benefits. At Farrell Disability Law, we stand up for workers and help them get what they are entitled to.

For trusted legal representation in filing an LTD claim, call or contact us online. Request a consultation today in our Jacksonville or Orlando office with our experienced Florida long-term disability lawyer.

Sources:

content.naic.org/article/consumer-insight-workers-most-valuable-asset

dol.gov/general/topic/retirement/erisa