What Every Short Term Disability Applicant Needs To Know About Self Funded Benefits
Did you know that there are two ways that an employer can fund short term disability benefits?
The first is to purchase a short term disability policy and the second is to be self funded. In other words, the employer fund the short term disability benefits. However, the employer may self administer the program or hire an administrator.
It’s important to understand that many short term disability claims are denied at the get-go or cut off during the short term disability period. This is a strategy that’s employed to make it harder to appeal a denial.
Many policy holders will give up and never apply for their short term disability benefits. Worse yet, the policy holder may make the mistake of hiring an inexperienced disability attorney who, in turn, makes the mistake of only appealing the short term disability claim and failing to apply for long-term disability benefits. The goal is to position yourself to file a lawsuit seeking both the short and long term disability benefits.
But I Don’t Know Who My Long Term Disability Carrier Is? How Am I Supposed To Figure That Out?
Department of Labor regulations 29 CFR Section 2650.503(a) provides that you have the right to ask for benefits in accordance with the plan’s procedure for filing benefits for claims.
What Does That Mean?
Well, you have a right to ask for the plan documents and an explanation of the procedures that need to be followed to apply for benefits. If they are not cooperating, we suggest that you send a letter return, receipt requested, asking for this information and that anything you submit is labeled as applying for both the short and long term disability benefits.
If the employer or the disability carrier refuse to provide you with the plan documents or advise you on what you need to do, there’s an argument that the disability carrier or plan has interfered with your ability to file or start a claim.
What Are The Practical Problems With Doing This?
It’s not uncommon for short term disability benefits to be either self funded by the employer or administered by a different insurance company than the one who handles the long term disability claim. You need to know who the long term disability carrier is so that you submit your long term disability claim to the long term disability company who is administering the claim.
You want to ask for the application and for additional information that will be needed in order for you to submit your claim.
At the same time, you’ll also want to appeal your short term disability denial. Obviously, disability carriers make this as confusing as possible with the hopes that you will either screw it up or give up.
What Should I Do If My Short Term Disability Benefits Have Been Denied Or Cut Off?
If your short term disability benefits have been denied or cut off during the short term disability period or your carrier is not giving you a long term disability application, it’s time for you to contact experienced disability attorney Nancy Cavey who can help you get the disability benefits you deserve regardless of where you live in the United States.
Call today at 727-894-3188 for your complimentary consultation.