The term “disabled” is generally seen as synonymous with “unable to work.” But do you really need to quit your job before you apply for long term disability insurance benefits? Because many long term disability policies are provided through an employer, quitting your job could mean losing your coverage entirely. Learn more about how your employment status could impact your claim for disability benefits and how a disability insurance attorney can help.
How Getting Laid Off Could Affect Your Disability Insurance Claim Approval
In the legal field, there are fairly few hard-and-fast rules – everything from the interpretation of a contract provision to which court is the proper venue can seem like a question up for debate. But when it comes to disability claims, there are two things it’s crucial to keep in mind:
- Don’t quit your job because you’re unable to work or afraid you’ll be fired; and
- Document your injury before you’re laid off, not after.
If you quit your job, you’re likely to lose your disability insurance coverage. And if you’re laid off or furloughed, you may also lose your disability insurance coverage – but if you’ve already documented that you have an injury that limits your ability to work, you may still be able to make a disability insurance claim under the long term disability policy. You may want to consult a disability insurance attorney early in the process to see when it makes sense to submit a disability claim and how to appeal a potential denial of coverage.
Your HR Department Is Required By Law To Provide A Copy of Your Disability Insurance Policy
In some cases, especially if you have a large employer, you may be able to access a copy of your disability carrier’s insurance policy online. But if you can’t find it, your employer’s human resources (HR) department is required by law to provide you with a copy of your disability insurance policy upon request. Federal and state laws prohibit employers from retaliating against an employee on the basis of their disability (including a suspicion that the employee is about to seek disability insurance benefits) – but if you’re worried about tipping your hand, you can easily tell the HR representative that your financial advisor, insurance agent, or estate lawyer instructed you to get copies of all your insurance policies, including life, health, and dental.
Never Quit Work Before Filing For Disability Income Benefits
We’ll say it again: never quit your job before you file for long term disability benefits. Voluntarily quitting employment (even if quitting may seem involuntary because of the effects of your disability) denies you many of the legal and financial protections you’d enjoy if you were laid off or furloughed.
For questions about how to apply for disability income benefits, contact Dell & Schaefer today. Our network of experienced disability insurance attorneys practice in every state, and we can provide you with a free initial consultation to discuss the merits of your disability insurance claim.