Q&A | Ask A Disability Lawyer

How do I obtain a copy of my long term disability insurance policy or disability plan?

The answer to this question depends on whether you purchased an individual disability policy or an ERISA governed group long term disability plan. If you have an individual disability policy then you should either call or send a letter directly to your disability insurance company. Most disability companies will charge a small fee for a duplicate copy of your disability insurance policy. Review your policy very carefully as we have seen situations where disability insurance companies have sent either an incomplete or the wrong policy in response to a request for your disability policy.

If your disability plan is a group plan provided by your employer, then you need to send a request in writing directly to your plan administrator, which in most cases is your employer. An administrator’s failure to provide a copy of your disability plan within 30 days of your written request could subject the administrator to a civil penalty of $110.00 per a day. The administrator would only be subject to the $110.00 daily penalty if a lawsuit is filed in federal court and the judge agrees to fine the administrator. Most administrators will provide a copy of your disability plan immediately. Make sure you receive a complete copy of your long term disability plan and not just a summary description of your plan. Every detail of your long term disability plan should be reviewed prior to filing a long-term disability claim so that you understand all of the terms and conditions of your disability plan. You can request a copy of your long-term disability plan directly from the disability insurance company, but in most instances they will advise you to contact your employer for a copy of the disability plan documents.

Comments (7)

Hi,
I requested a copy of my group LTD disability policy from my employer. I paid 100 percent of the premiums. This is what i got back from HR
The policy is under XXX company, it is not an individual policy. Is there something in particular you need clarification on?
I responded back that a need a copy, I got no response back.
what should i do, I really need a copy as I losing my eyesight and i like to know what it will cover.
James Apr 19, 2022 #7
Ray: the date of disability.
Rachel Alters Sep 8, 2020 #6
Hi, to request a copy of my ltd policy from my plan administrator would I ask for my group policy plan for the year I was injured 2006 or the year the insurance company started paying my long term disability payments in 2008? It was a group employee benefit paid after taxes.
Thank You.
Ray Sep 8, 2020 #5
Jim, no I do not believe that the new carrier is obligated to provide the same perks as the previous carrier. So I would carefully review the new policy in detail to see what your coverage entails. The policy that is in effect at the time you become or became disabled is the on that governs. Any previous policies will be null and void.
Rachel Alters Jun 23, 2019 #4
Re: Question about Employers transferring Employee Group LTD Insurance policies to other carriers:
Dear Stephen, Greg:
(1.) When the employer of a large company provides their employees a Group LTD Insurance Policy, and the employer eventually decides to move the Group LTD Insurance Policy to another LTD Insurance carrier, can the new LTD Group Insurance carrier amend certain “perks” the original LTD policy officially contained and listed in the original “Summary Of Benefits” employee handbook? Or is the new Insurance LTD carrier obligated and legally bound to the original “perks” contained in the employees original group LTD disability policy?
(2.) If the same employer decides to move their Group LTD Insurance Policy AGAIN to ANOTHER Insurance LTD Insurance Carrier and the new LTD Insurance Carrier sells their Group LTD Insurance Division to another LTD Insurance Carrier that “Administers” all of the LTD polices recently acquired – do employees refer to their original “LTD Summary of Benefits” mentioned in (1.) or does the recent acquisition and the new “Summary of Benefits” supersede all previous “Summary of Benefits” employees had in their original policy?
I noticed that the new Group LTD insurance policy Administered by our new carrier, underwritten by the former Insurance carrier left out a “perk” that our company’s original LTD Carrier in (1.) had listed in the original Summary Of Benefits. If the “perk” is not listed in the new LTD Summary, does this mean it’s most likely been amended? I appreciate your assistance shedding light about transfers of Group LTD Insurance policies – I couldn’t find any info about this on the web.
Jim P. Jun 23, 2019 #3
John,
You can most certainly request that all communications be in writing. That being said, I would suggest your request to them be in writing!
Stephen Jessup Jun 19, 2013 #2
Can you send the disability insurance company a certified letter requesting that all communications be done in writing if you start to receive nuisance, excessive phone calls asking you about your medical condition and when you will be RTW? Thank you.
John Jun 17, 2013 #1

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My husband was looking for attorneys to help me with my disability claim. He was in Florida on business and happened to call Dell & Schaefer by accident. I have been out of work due to physical illness with an emotional component related to the pain from my physical problems.

My employer used a 3 party administrator for disability claims and they were less than helpful. I was afraid I was going to loose everything if they stopped paying my benefits. I received a phone call from attorney Rachel Alters. She was my angel! She had me fax all the communication I had received from the disability company. She read through all the of sideways language and was able to explain every bit of it to me. Best of all, once I hired Dell & Schaefer I did not have to talk to “the company again.” What a relief! As soon as “the company” found out I had a lawyer everything turned around. I was deemed totally disabled not only for my job but any JOB. Rachel guided me patiently and kindly through every step of this process.

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