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.