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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.

There are 4 opinions so far. Add your comment below.

John:

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.

Attorney Stephen Jessup:

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!

Jim P.:

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.

Attorney Rachel Alters:

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.

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