Long-Term Disability Benefits
The majority of long-term disability policies offer 60 percent of a claimant’s salary. Long-term disability benefits are generally paid for 24 months if a person cannot work at his or her own job. After this “own occupation” period, a claimant typically must prove that he or she cannot perform any occupation for which he or she is fit by virtue of education, background or skills.
Most policies have a 24-month mental health limitation, after which benefits for conditions such as depression, anxiety or bipolar disorder will end.
Some policies allow a partial or residual disability benefit if the claimant’s income drops more than a certain percentage due to a medical impairment.
Most policies have a Social Security offset, meaning that if a claimant receives Social Security benefits, the amount of that benefit is subtracted from the monthly long-term disability check.
- If you are disabled and unable to work, make sure you have a copy of your employer’s plan and that you understand your rights.
- Make sure you provide all necessary records regarding your disability.
- Do not give up this important benefit. Talk to a lawyer who has a deep understanding of disability benefits and of ERISA law.
Obtaining long-term disability benefits can be difficult. Make sure you have the resources you need.
If your company has a disability plan and you are disabled, you need and are entitled to disability benefits. Do not feel pressured to abandon the benefits you need. Contact us and discuss the situation with an experienced employment law attorney at Robaina & Kresin in Phoenix.