Call an experienced disability benefits lawyer at 504-322-1488 to schedule your consultation.

Call an experienced disability benefits lawyer at 504-322-1488 to schedule your consultation.

Short-term disability denied? You can fight back

| Jul 7, 2021 | ERISA Disability

As someone who is dealing with a disability, one of the options you may have is to claim short-term disability benefits. Unfortunately, many people who want to claim short-term disability benefits are denied unfairly.

Short-term disability plans are normally provided to employees as a part of their welfare benefits plans. Sometimes, these plans are covered by the Employee Retirement Income Security Act. Other times, they are not, which is something you will need to discuss with your attorney.

What happens if your short-term disability is denied?

If your short-term disability is denied, you do have the option to appeal that decision. In fact, many people who have their claims denied are able to get them approved upon appeal.

After the application is denied, it’s smart to take your denial letter to your attorney. There, you will go over the appeals process and look over your application for errors that may have influenced the decision. If other documentation is needed, your attorney will talk to you about how to get that information. For example, you may need a new letter from your doctor or have to update one of the tests that prove that you are unable to work.

Does Louisiana have a state-mandated short-term disability program?

No. In fact, the state does not have a mandated short-term disability program, so you will need to contact the short-term disability insurance company that works with your employer. You should know that you may also have the ability to purchase your own private short-term disability insurance, which may be beneficial to those who have not been injured but who want to be sure they have access to coverage.

Don’t forget that there is limited time to appeal a decision regarding your temporary disability claim. If your claim was denied, make sure to speak with someone about the appeal as soon as possible. You don’t want to accidentally go over the statute of limitations or deadlines that apply to the appeal, because you will need to start the claims process over from the very beginning. To avoid this, start looking into your legal options immediately after receiving a denial letter.