ARIZONA LONG-TERM DISABILITY LAW

Disability News by Ronstadt Law

;
How Long is Long Term Disability?

How Long is Long Term Disability?

Apr 22, 2022 |

One of the questions we get asked frequently is how long does long-term disability last? It is not a question with an easy answer, unfortunately – in terms of the physical disability, it could last for a lifetime – in terms of your insurance coverage, it could be anywhere from a handful of months to many years, or up to a particular age, such as Social Security Normal Retirement Age. It depends on your insurance policy terms and the nature of your illness or injury. Here’s everything you need to know about long-term disability.

How Does Long-Term Disability Work?

How Does Long-Term Disability Work?

Dec 23, 2021 |

A long-term disability is any health-related issue that prevents you from working for a sustained period of time. Whether the result of illness, injury, or an accident, the end result is that you can no longer perform the tasks required of you in your place of...

Erin-Ronstadt-Attorney-Mobile__1_-removebg-preview

Hi I’m Erin,

My life’s calling is to hold insurance companies accountable for the promises they make.

My law firm focuses exclusively on Arizona disability benefits law and we’d love to help you out.

Free Consultation
t

Answering Your Questions about Arizona Long-Term Disability Law

Can I work while receiving short-term disability and/or long-term disability benefits?
This entirely depends on your private disability coverage. Some plans will allow a person to work while receiving disability benefits. This is dependent on the terms of your individual policy or employer’s plan. Sometimes, working while receiving disability benefits could negatively impact your claim, because of the way these plans define disability. 
My long-term disability benefits claim was denied. Why did this happen?
Insurance companies deny or terminate claims for many reasons. One common reason is the purported failure to meet the definition of “disability.” Many long-term disability policies have changes in the definition of “disability” after 24 months of benefits, requiring you to be disabled not just from your “own occupation,” but from “any occupation.” The insurance company will frequently “cherry pick” your medical records, even retain an “independent” medical reviewer to build evidence against you, despite the fact that you’ve never been personally evaluated by that reviewer. Although the road ahead can seem difficult, don’t give up on disability benefits you rightfully deserve. Insurance companies often count on you not fighting your benefits, thus saving them from paying you for the months – and often years – of benefits to which you’re entitled. We’ve secured millions of dollars in benefits for our clients and can help you, too. Contact us, and we will help investigate and explain why this happened and how to can help.
Can the insurance company rely on other doctors’ opinions besides my own doctors?
To best answer this question, we would need to review your policy documents and look at your particular claim. In many cases, yes, they can. It is very common for the insurance company to hire independent doctors to conduct reviews, and they are allowed to do it in most cases. They usually do not have to defer to your treating providers, although their failure to do so is something that we address all of the time. Under the federal law that governs most of these benefits, the standard is whether the insurance company’s reliance on the independent reviewers over your treating providers was reasonable, and there’s much that goes into this analysis.
Should I resign from my job if I need to go out on disability?
Not without speaking with an attorney first. Don’t resign, enter into a severance agreement, or make any retirement decisions without first fully understanding the impact on your disability benefits. Any resignation or severance agreement may impact your eligibility for disability benefits, and there are ways to sever employment while still protecting your disability benefits. Contact the Firm for a policy/plan document review.
Can I submit a claim for private disability benefits if I was injured at work?
The answer depends on your policy. With respect to disability benefits through a private or employer-sponsored policy, disability benefits may be reduced by “other income,” which could include worker’s compensation. You should make sure to pursue any worker’s compensation options available to you if you have been injured at work. We focus exclusively on disability benefits law for residents in Arizona and often work in conjunction with attorneys specialized in other areas of law and can provide excellent referrals.
Does the law require my employer to provide me with private disability coverage?
No. But if an employer decides to offer disability insurance, then usually, the federal statute ERISA governs those disability insurance benefits. Because disability benefits are not a requirement of employers to provide in the workplace, employers are generally allowed to draft or purchase coverage as they see fit. ERISA does not mandate that certain types of disabilities must be covered, or how much of a monthly benefit an employee should be provided. For example, employers can exclude certain disabilities from coverage, such as mental nervous conditions, or adopt very strict criteria for obtaining benefits. For this reason, if you have coverage through your employment, it is imperative to obtain and fully understand your plan/policy documents to determine the particulars of your coverage. We can help you, even in providing guidance on how to request documents (hint: put the request in writing!).

Disability Law Newsletter

Sign up to receive the most up to date tips and news for Arizona disability law in our email newsletter.

  • This field is for validation purposes and should be left unchanged.

Ronstadt Law

Disability Law Newsletter

Sign up to receive tips and news for disability law in our email newsletter.

  • This field is for validation purposes and should be left unchanged.

The owner of this website has made a committment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.
Share This