Long Term Disability Insurance Appeals

Often times, I have injured workers and other clients who are receiving long term disability insurance monthly benefits.  As with any benefits paid by an insurance company, an initial denial on an application for benefits or a termination of benefits is eventually received by the disabled individual.

Let me explain long term disability benefits.  Often times, individuals are confused between social security disability and long term disability.  These benefits are distinctly different.

Social Security Disability benefits are paid out of the Social Security Trust Fund from the Social Security Administration.  You must apply for social security disability benefits through Social Security.  If awarded social security disability, your monthly benefits amount is based on a calculation of what you have paid into social security through social security taxes.

In comparison, long term disability benefits are benefits provided by a private insurance company through a benefits plan offered through your employer.  Not all employers offer long term disability.  Many times, even if an employer offers long term disability insurance, not all employees sign up for such benefits.  It is a wage replacement benefit for when an employee becomes disabled.  if you have such benefits, they usually kick in between 10 and 53 weeks of being disabled.  Why the delay?  Mostly because if your employer offers long term disability, they likely also offer short term disability.  Long term disability will not kick in until short term disability benefits are exhausted.

Once an individual exhausts short term disability benefits, then an application is made for long term disability.  Sometimes, the long term disability insurance carrier denies benefits.  If so, we can possibly help fight for benefits for you.  Other times, long term disability benefits are approved, but after being on benefits for a period of time, the long term disability insurance carrier attempts to terminate the benefits.  If that is the case, again, we can possibly help fight to keep those benefits.

Finally, as part of receiving long term disability benefits, the insurance carrier requires you to apply for social security disability.  Why?  They want to recoup some of the back benefits awarded.  If you have to apply for social security disability benefits, you can trust Mooney law to help you with your social security disability application.

If you have been denied long term disability benefits, or you are receiving monthly long term disability benefits and the insurance company has threatened those benefits, do not go it alone.  Taking on an insurance company by yourself is not always a wise move.  Call Mooney Law for a free phone consultation to help protect your benefits.  Call today for a FREE consultation at 833-MOONEYLAW or 717-200-HELP.

Mark Buterbaugh

Attorney representing injured workers and Social Security Disability clients in Pennsylvania and Maryland.