Legal Information for Large and Small Business Owners
How Do I Apply For Disability Benefits?
Briefly, these are the steps you should take before applying for disability benefits – you should review materials that can be obtained from your employer. These may include:
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Your employee handbook which summarizes the disability benefits (if any) provided by your employer and how to apply for them.
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The disability plan document (usually an insurance policy) sets forth your rights and obligations for disability benefits.
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The summary plan description (“SPD”) which summarizes your rights and also specifies information concerning the administration of the disability benefits plan (like the amount and duration of benefits, waiting periods, application deadlines, limitations on coverage, the type of proof required, and the definition of what a “disability” is for purposes of eligibility). By law the plan administrator must provide these to you within 30 days of your written request..
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Copies of all relevant application forms. These need to be reviewed and completed carefully. Incomplete or misleading answers could result in a denial of the claim or delay in obtaining benefits. Feel free to add additional pages to the application – incomplete information (like failing to list all of your symptoms) will benefit the insurance company.
Consult Your Doctors. In order to apply for disability benefits, you have to establish that you are disabled. Your disability plan will require your doctor to complete forms and will ask their opinion as to whether you are disabled. Get copies of all of your medical records (including physician treatment notes, hospital records, and test results (blood tests, X-Rays, MRI’s, CAT scans, etc.). This way you are sure to have all of the documents that support your disability claim.
You should consider consulting first with a disability benefits lawyer, and when you do, you should bring copies of all of your medical records and your disability application forms, before you file for benefits. It is prudent to consult an attorney as early as possible. Disability benefit application forms are drafted in favor and for the benefit of the insurance company, not the employee applicant. These forms often contain landmines for unwary. Employee’s answers that are not carefully crafted, can ruin the entire disability benefit claim. Professional help is highly recommended.
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- New York Business Lawyer | Beware of Cetain Disability Insurance Policy Provisions and Definitions When Applying for Diability Benefits
- New York Business Lawyer | Beware of Certain Disability Insurance Policy Provisions and Definitions When Applying for Disability Benefits
- Beware of Disability Insurance Policy Traps When Applying for Disability Benefits | New York Disability Benefits Lawyer
What Steps Should I Take in Applying for Disability Benefits?
about 8 months ago - No comments
Consider consulting with a New York disability benefits attorney as the first step in process. Remember, you are bound by whatever you say in your application and what the doctors say in their letters once they are submitted, so you want to make sure everything is submitted completely, carefully and truthfully. It is prudent to consult an attorney as early as possible.
Beware of Disability Insurance Policy Traps When Applying for Disability Benefits
about 8 months ago - No comments
As noted in the prior post, “How Do I Apply For Disability Benefits?”, you need to familiarize yourself with your employer’s disability plan document and the SPD of the plan. The following definitions are very important, and if you are not careful when making your disability insurance claim, you could shoot yourself in the foot (no pun intended). Of course, if you have any questions, you should consult with a disability benefits attorney.
How Can I Get Disability Benefits?
about 8 months ago - No comments
Employees in New York have many disability benefits available to them. You should research all available benefits prior to your going out on disability. Disability benefits in New York include NY workers compensation, New York State mandated short term disability benefits, social security disability benefits, employer provided short term and long term disability benefits, and disability benefits that you may have purchased on your own. Many of these benefits have deadlines that must be met for eligibility purposes – so generally time is of the essence and you need to be pro-active in applying for them.
