Can You File A Florida Lengthy-Time period Incapacity Declare Whereas Nonetheless Employed?

Battling a disabling medical situation however nonetheless working? You may file a Florida long-term incapacity (LTD) declare now, significantly in case your signs make it troublesome or inconceivable to carry out your job.

Nonetheless, employer-provided LTD insurance policies typically embody advanced necessities, and your selections can immediately have an effect on whether or not your declare is permitted or denied. Our skilled Jacksonville long-term disability lawyer explains how submitting too quickly (or too late) can result in issues, delays, or perhaps a denial.

Why Timing Issues When Submitting an LTD Declare

In line with the Nationwide Affiliation of Insurance coverage Commissioners (NAIC), near half of all Florida staff get long-term incapacity insurance coverage via their employer. These insurance policies sometimes cowl disabilities that hold you from performing “materials and substantial duties” required of your common job.

Nonetheless, to qualify, you usually should be working when your disabling situation begins. Which means it’s typically higher to file your Florida LTD declare earlier than you cease, reasonably than ready. Nonetheless, frequent points that may come up embody:

• Not assembly the definition of incapacity since you’re nonetheless technically working full-time.
• Utilizing sick go away or trip time with out realizing it impacts your eligibility date.
• Ready too lengthy after going out on go away and falling outdoors your coverage’s submitting window.
• Employer confusion or lack of cooperation, which might delay paperwork and worsen your situation.

Submitting whereas nonetheless employed doesn’t assure approval, however it does assist set up that you just had been lined beneath the coverage when your incapacity started.

Steps to Take When Submitting a Florida Incapacity Declare Earlier than Leaving Your Job

With a view to file a declare for employer-provided long-term incapacity advantages whereas nonetheless working, it’s essential to have a plan. Insurance coverage adjusters look carefully at how your situation impacts your capability to carry out work-related duties, and any inconsistencies can elevate pink flags. To guard your LTD declare:

• Get detailed documentation out of your physician stating that you just endure a situation that causes impairments that stop you from performing job duties and is predicted to final a yr or extra.
• Talk in writing with HR about your intent to file for LTD advantages whereas nonetheless employed.
• Request copies of all policy-related paperwork, which you might be legally entitled to beneath the Worker Retirement Revenue Safety Act of 1974 (ERISA).
• Carefully evaluation coverage phrases, particularly the definition of incapacity and any elimination interval.
• Keep away from pushing via work duties that contradict your declare, similar to heavy lifting or additional time.
• Seek the advice of our skilled Florida long-term incapacity lawyer instantly in case your declare will get delayed, disputed, or denied.

Contact Farrell Incapacity Legislation To Converse With Our Skilled Florida Lengthy-Time period Incapacity Lawyer

Beginning the Florida LTD claims course of early ensures you meet submitting deadlines and helps keep away from interruptions in earnings. Nonetheless, insurers are sometimes fast to disclaim or dispute advantages. At Farrell Incapacity Legislation, we rise up for staff and assist them get what they’re entitled to.

For trusted authorized illustration in submitting an LTD declare, name or contact us on-line. Request a session immediately in our Jacksonville or Orlando workplace with our skilled Florida long-term incapacity lawyer.

Sources:

content material.naic.org/article/consumer-insight-workers-most-valuable-asset

dol.gov/basic/matter/retirement/erisa