Should You File A Florida Long-Term Disability Claim While Receiving Short-Term Disability Benefits?
If you are currently on short-term disability (STD) and your medical condition isn’t improving, you may be wondering when to file for long-term disability (LTD). More importantly, can you file while still collecting STD benefits?
The answer is yes. In fact, filing an LTD claim now is a smart move, as it creates a smoother transition and avoids payment delays. Our Jacksonville long-term disability lawyer explains why timing your LTD claim matters and steps you can take to protect your rights to benefits.
Collecting Short-Term Disability Benefits? Why the Timing of Your Florida Long-Term Disability Claim Matters
The Bureau of Labor Statistics (BLS) reports that over 25 percent of workers suffer impairments that impact their abilities on the job. Employer-provided long-term disability benefits compensate you for up to two-thirds of your lost wages if you cannot work for a year or longer.
However, these policies often require you to file your claim within 90 to 180 days after your disability begins. That clock starts ticking, even if you are currently collecting short-term disability benefits. Problems that can arise when switching between short-term and long-term disability coverage include:
- Missed LTD filing deadlines while still receiving STD payments;
- Confusion about when you became “disabled” for LTD purposes;
- Delays in benefit approval, leaving you without income;
- Denials for failure to show continuous disability between STD and LTD periods.
When transitioning from short to long-term disability benefits, insurers often use mistakes and errors to justify denying these claims.
How to File Your Florida LTD Claim While Still on Short-Term Disability
It is common for workers who suffer disabilities to have to switch from short-term to long-term disability coverage. However, the process isn’t automatic. You must prepare a new claim, often with different medical evidence and stricter policy definitions.
To protect yourself throughout this process and prevent mistakes that jeopardize your rights to benefits, follow these steps:
- Review your LTD policy now, rather than waiting for your short-term disability benefits to expire.
- Confirm the insurer’s definition of disability and how it differs between short-term and long-term disability claims.
- Request the LTD claim packet early so you have time to complete it.
- Gather updated medical records showing your ongoing limitations and ask your doctor for a statement confirming that your condition now prevents you from working for a year or longer.
Employer-provided disability benefits are covered under the Employee Retirement Income Security Act (ERISA). If the insurer tries to deny your claim, you have the right to file an appeal.
Contact Our Office To Speak With An Experienced Florida Long-Term Disability Lawyer
Farrell Disability Law protects the rights of workers throughout Florida, helping them make the often difficult transition from short-term to long-term disability benefits. We guide you in completing your application, gather the required medical evidence, and ensure your claim gets filed within insurance timelines.
To get the disability benefits you need to make up for lost income, give us a call. Request a consultation today to speak with our experienced Florida long-term disability lawyer in our Orlando or Jacksonville office.
Sources:
bls.gov/news.release/disabl.nr0.htm
dol.gov/general/topic/retirement/erisa
