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Do I Need to Consult an Attorney Before I File an Application for Long Term Disability Benefits?



LTD Application is an important process and should not be completed without legal advice.

When filing for long term disability benefits through an employer sponsored plan or a private policy, the initial application is extremely important. The application must be completed thoroughly and properly as not to delay or jeopardize future benefit payments. Medical documentation must be accurate and properly document the injury, illness or disease which prevents the claimant from performing the material and substantial duties of their occupation. An attending physician’s statement (APS) should be submitted with the application. The APS is provided by the insurance carriers and asks the doctor to answer specific questions relating to the medical condition of the claimant. Submitting a supportive and detailed APS can be essential to getting a claimant approved for benefits in a timely manner.

Reading and understanding the Long Term Disability contract of insurance is also an important part of the application process. This needs to be done BEFORE an application for benefits is filed. The policy provides the definition of disability applicable to your case and outlines the amount of benefits payable, as well as, the elimination period before benefits become payable.

As the application process is of utmost importance in a Long Term Disability claim, it is essential to contact an attorney to review your policy PRIOR to filing for benefits. For a free consultation and policy review, please contact disability insurance attorneys Dell & Schaefer before you file your long term disability claim.

There are 2 opinions so far. Add your comment below.

Gary G.:

My short term disability ended on November 6, 2017. The insurer is VOYA. I submitted a request for long term disability on Nov. 7. My neurologist has submitted my records to VOYA.

Have I made a mistake in doing this? Is it too late to be represented?

Attorney Stephen Jessup:

Gary, I do not believe you have made any mistakes. Often once a STD claim ends the carrier will begin a review for entitlement to LTD benefits. If you have questions regarding your situation please feel free to contact our office to discuss your claim further.

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