Question

Backpay obligations

Asked on June 27th 2025 by DaBoss
Exclusion period was covered by my company’s STD policy. Applied for LTD and was denied after they stated no doctors responded. Won my appeal after physically visiting every physician and pointing out the obvious nerve damage that cannot be faked. Here we are three months in. My question is whether they are required to immediately release the back pay during the denial period? The only answer I have received is “I don’t know when you will get paid.”

Moreover, they are pushing me to apply for SSDI which would only benefit them as my LTD is almost 3 times SSDI. Of course the rule being that they only have to pay the difference. What are your thoughts on this?

Answer

Answered on June 27th 2025 by Attorney Cesar Gavidia

The disability insurer should release your benefits immediately once it has been determined that you are eligible and they should not be unreasonably delaying your payment. If your benefits are not released within 7 days of being informed that you are eligible then escalate the matter to a supervisor or director.