What Happens When an Employee Goes on Long-Term Disability?

Do you have a disability that has caused you to be unable to work for a significant length of time? If so, and if you believe the disability will last indefinitely, you may be experiencing a considerable amount of stress. In addition to the struggles that come with having a difficult and disabling condition, you may also be worried about how you’re going to continue to pay your bills and provide for yourself and those you love.

If you find yourself in this situation, you may be wondering about long-term disability benefits. You may be curious about what they are and what happens when an employee goes on long-term disability leave. These are normal and understandable questions to ask. Let’s take a closer look at the law together.

What Are Long-Term Disability Benefits?

Long-term disability benefits are, as they sound, intended for employees who have a disability that is expected to last for a significant length of time. Long-term disability benefits are typically provided by insurance companies either through policies that are obtained privately by an individual, or which are provided through an employer.

Typically, the long-term disability benefit amount will cover around 50 to 70% of the employee’s normal income, although the specific amount may vary based upon the particular terms of the policy involved. Talking with your HR representative, the insurance company, or your attorney may be helpful as you seek to determine how much you might receive under your particular policy.

What Are the Steps of the Long-Term Disability Claims Process?

If you believe that you may need to take time away from work and collect long-term disability benefits, understanding the basic process of claiming those benefits can be helpful. Generally, the steps include:

Initiating the claim: As soon as you become unable to work as a result of a disability, the first step should be to notify your employer. It is very important not to simply stop showing up or to delay providing notification. You’ll want to notify the employer regarding your condition and why it is preventing you from working as soon as possible. You will also want to talk to a human resources representative regarding how to open a claim and submit the appropriate paperwork. You will need to gather medical evidence regarding your condition, its symptoms, and its effect on your daily life. After the claim is submitted, there is typically a waiting period while the claim is reviewed and a decision is made. After that time, benefits will begin.
Applying for Social Security disability if required: In some cases, the terms of a long-term disability insurance policy will require that the beneficiary also apply for disability benefits from the Social Security Administration. If approved, these disability benefits will typically offset the amount of long-term disability benefits that are provided.
Receiving benefits: As we have noted, once you start receiving benefits, you will typically receive around 50 to 70% of your normal income. Benefits will usually last anywhere from 2 to 10 years, depending upon the terms of the policy or until the beneficiary reaches retirement age. Consulting with an attorney regarding the terms of your particular policy is always advised.
Providing ongoing medical documentation: During the course of the time that you receive benefits, you will need to occasionally provide medical proof that you continue to have a disabling condition that prevents you from working. Talking with an attorney regarding your particular condition and what proof may be needed will be important.

In addition to knowing the basic steps of the claims process, many employees who go on long-term disability leave want to know if they will retain their jobs. The answer to this question will depend upon the employee’s particular situation.

In some cases, if the condition is expected to improve eventually, the employer may hold the job for the employee. In other circumstances, the employer may be able to make reasonable accommodation for the disability that allows the employee to return to work. In still other situations, the disability may be of such a permanent and severely disabling nature that a return to work simply as impossible. Again, consulting with an attorney regarding your circumstances, and your particular job is always a wise decision.

Disability Experts – Here for You

Sometimes the law can seem complicated, confusing, and even overwhelming. If you are disabled and wondering what benefits to pursue, the good news is that help is available. At Disability Experts, helping clients navigate the disability claims process is our specialty. Our knowledgeable and experience team of attorneys will guide you through this journey each step of the way, and we will always keep you informed and involved in your case. If you’re ready to get started, we are here for you. Give us a call today. We look forward to speaking with you soon.

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