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Long Term Disability Frequently Asked Questions

How do I apply for long term disability benefits?

Most of the time, you must first apply for short term disability benefits. After short term disability benefits end, you can apply for long term disability benefits. The Long Term Disability insurance company has application forms you must submit.The application generally asks for demographic information, information about your disabling conditions, and information about your healthcare providers. The insurance company will also obtain information from your employer and your doctor. Finally, the insurance company will likely have you sign an authorization for release of information.

How will the insurance company decide if I am entitled to long term disability benefits?

The long term disability insurance company will consider medical records, vocational information, information provided by your doctor, expert reports provided by individuals employed with the long term disability insurance company, and almost any other information that you submit to the insurance company in support of your claim.

Does the insurance company have to give me information about my long term disability insurance plan?

Yes. The long term disability lawyers at Fields Law Firm can help you obtain information about your long term disability plan from the insurance company.

What is the approval process for long term disability benefits?

There are three stages in the long term disability benefits claim process:

  1. Initial Application: You submit your claim to the insurance company.
  2. Appeal: If your initial application is denied, you can appeal the decision.
  3. Legal Action: If your appeal is denied, you can pursue arbitration or a lawsuit.

What should I do if get a denial letter from the insurance company?

In most instances, you have 180 days from the date of the denial letter to appeal the insurance company’s decision. This isn’t a lot of time, so if you want help appealing the denial, you should contact an attorney soon after you receive your letter stating your long term disability benefits have been denied.

At Fields Law Firm, our long term disability attorneys have helped thousands of injured and disabled clients throughout the state of Minnesota. We can file an appeal after receiving your denial letter. We can answer your questions and walk you through the process. If you received a denial letter from your long term disability insurance company, call us at 1-888-343-5375 or fill out our free form and we’ll help you understand what to do next.

What if a mental illness keeps me from working?

If you have a mental health condition that prevents you from working, you should talk to a mental health professional about how your condition affects your ability to work. Many long term disability policies cover mental illness, including disorders, abnormalities, disturbances, dysfunctions, and syndromes that are:

  • Emotional
  • Behavioral
  • Psychological
  • Personality
  • Cognitive
  • Mood
  • Stress-related

Be aware that many long term disability plans limit the number of months that benefits can be paid for mental conditions.

Am I still an employee of the company while I’m on long term disability?

It depends. Under some plans, a person on leave for long term disability is still considered an employee of the company and entitled to employee benefits. Under other plans, a person on leave for long term disability is not considered an employee of the company. If you need help determining which of these categories you fall into, give us a call.

Can the long term disability insurance company spy on me?

Sometimes insurance companies conduct surveillance or use other investigative tools in an attempt to prove you’re not really disabled. If you think the insurance company is spying on you, call us. We can investigate and help determine if they’ve violated your rights.

If I can no longer work, should I quit or use FMLA or PTO?

Each employer and insurance company has different policies when it comes to not being able to return to work. Sometimes, you may risk losing eligibility for benefits if you quit your job or agree to any severance terms. Get advice from an attorney before you make any important decisions or agree to a severance package.

Can my employer fire me for applying for long term disability benefits?

No. Your employer, or any other person, can’t discharge, fine, suspend, expel, discipline, discriminate against, or otherwise harass you for applying for long term disability benefits. This is known as employer retaliation, and it is illegal. If you experience this kind of treatment from your employer after applying for long term disability benefits, contact Fields Law – we can help protect your rights and make sure you are treated fairly.

SETTLEMENTS AND RECOVERIES IN ALL CASES DEPEND ON SPECIFIC FACTUAL AND LEGAL CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CLIENT’S CASE. PAST CASE RESULTS ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH THE FIELDS LAW FIRM AND ITS LAWYERS MAY UNDERTAKE.

READ OUR CLIENT REVIEWS

John Kelley
John Kelley
21:38 16 Oct 18
I was having issues with an insurance company and I hired fields law firm. The people there are amazing and always quick to answer questions even a couple times on the weekend. I worked with Blake amazing person and very informative on my case. I would highly recommend this firm to any of my friends.read more
Michael Frazier
Michael Frazier
23:58 10 Oct 18
I had the pleasure to work with Michael and Annie on my LTD case. When my claim was denied by the insurance carrier, Michael didn't hesitate to take them on with an appeal. He worked diligently on the appeal and ultimately won this for me. Mind you, this wasn't a huge case but he treated me like it was and as if I was the only case he was representing. He kept me abreast of vital information, it was clear that he knew his stuff and wasn't afraid to take on the big insurance company. Michael was much more than I ever expected given that our relationship was entirely remote, handled by telephone and email only. Not only is he a strong lawyer, he treated me with compassion and respect. I am beyond pleased with him and the Fields Law team. Michael cares about his clients and he gets the job done for them because he knows how impactful an injury can be to both a person's well-being and their financial security. I highly recommend Michael and Fields Law whether you are local to their Minnesota offices or out of state like myself.read more
Melanie Eason
Melanie Eason
20:12 29 Aug 18
Fields Law Firm is great. Patrick Kramer, my lawyer, is fantastic. He and his legal assistant Samantha K. have handled my case for several years. They have kept me informed every step of the way. They are both easy to contact. I have both of their phone numbers and email addresses and they respond promptly to any messages I leave. Without their help I would not have been able to get the disability company to fulfill their promises. It is a relief to leave all the dealings with the disability insurance company in their hands.read more
Jeannie Kerr
Jeannie Kerr
23:37 15 Sep 18
My experience with Merrick Williams of Fields Law Firm has been truly above and beyond satisfactory. His knowledge and professionalism have guided me through a very difficult time. He and his assistant Angela were readily available to answer any questions and address my concerns. I highly recommend him as an attorney and will use his services again if necessary in the future.read more
ebon jordan
ebon jordan
19:51 27 Sep 18
Field Law Firm was great my lawyer Zach Schmoll was more than I could ask for. He always kept me in the loop and explain everything perfectly, got back to me whenever I called less than 24 hrs and was a extremely nice guy. This guy is young and knows what he is doing so please don’t let the age fool you. I had a wonderful experience with Field Law and will refer anyone with legal matters to them.read more
Edward Johnson
Edward Johnson
23:11 31 Oct 18
I highly recommend Fields law Firm if you need some no nonsense attorneys to represent you. I was treated courteously and efficiently each and every time by Mike and his associates. They settled my Long Term Disability case in a timely fashion. and was pleased with the results. Thanks again Mike and Fields Law Firm. You are the best!read more
Jeffrey
Jeffrey
19:19 09 Nov 18
Fields Law Firm is simply the very best when it comes to representing you & fighting for your rights! They are a "10 Star" Law Firm hands down! Michael Kemmmitt & Sarah Christensen were simply outstanding to work with. They took over my long term disability case after I was being denied my benefits & gave me the moral support & law experience that I needed to win my case. They were supportive throughout my case & they will fight tooth & nail to assure your rights are not being denied. It is so rare to find a law firm that treats you like YOU are the most important person to them. I HIGHLY recommend Fields Law Firm. They are truly advocates for justice.read more
Ben Chadwick
Ben Chadwick
23:20 12 Nov 18
Michael and Samantha were always giving me updates in a very timely manner. They were very good at getting back with me if I had questions, and they didn't have the answer at the time of our discussion. They were very thorough in their handling of my case, and we received a positvie ruling due to their efficiency and expertise. Thank you very much Michael and Samantha, I appreciate all that you did to help me with my case. I would definitely refer people to you, as well as use you in the future. Benjamin Chadwick.read more
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