Disability benefits from a private insurance company are available with most of the better employee benefit packages. Sometimes it is offered as an optional benefit which the employee must elect and pay extra. There are some things you should now:

To be awarded Long Term Disability benefits, most disability plans require medical proof, which is satisfactory to the insurance company, that your condition or illness prevents you from performing the essential duties of your regular occupation. After receiving LTD benefits for two years, most plans then require that you must show you cannot perform any occupation. Even if your claim is initially approved, the two-year point of an LTD claim is often the time the insurance company will make a determined effort to terminate benefits.

Unfortunately, my first meeting with clients is usually after their initial disability claim has been denied. It is understandable they didn’t know they needed an attorney.

Federal law (known as “ERISA”) requires that an employee whose disability claim has been denied is entitled to appeal that denial and submit additional information in support of their claim.

One of the things that motivates me in my disability practice is that so many of my clients are truly discouraged when they come to me after the insurance company has denied them the benefit they thought would be there when they needed it.

Filing for benefits under your company disability plan is usually handled through your Human Resources or Benefits office. Your primary treating physician or specialist will need to complete a form to certify that your condition prevents you from performing your regular occupation.