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Disability Benefits: What To Do If You Can’t Work

If you need to take time off work due to disability, it is important to communicate carefully and specifically with all interested parties. Interested parties typically include your employer’s HR representative, your employer’s human resource website, and your insurance company representative.

Please note that this general advice pertains to non-work-related injuries and illnesses.

First You Need To:

  1. Inform your HR representative – You must inform your employer’s HR representative that you will need time off or have work restrictions. You should NOT share your medical information or diagnoses with said representative. Instead, just provide information, preferably from your treating provider, regarding your work restrictions and/or need to be off work. Be careful of disability filing opinions; for example, in a pre-existing condition, legal for disability insurance was thought to be of little concern by the HR Representative. Fortunately, we were able to resolve issue.
  2. Get the documents you will need – You will need Applications for FMLA, Short-term Disability (STD), and Long-term Disability (LTD). In addition, you will want to get copies of your STD and LTD plans. These offer specifics on the STD and LTD requirements for you to apply and maintain benefits, payment information, and other general information.
  3. Where to get these documents – Your HR representative can direct you, and in some situations send you the applications and plans. More likely, you will go to your Employee Benefits Portal/Website – where your Applications and Plans for FMLA, STD, and LTD reside. Applying for FMLA, STD, and LTD: In applying, follow the directions with your application, fill out all sections, and complete soon after learning you can’t work.
  4. Handling provider questionnaires and letters – Your application may have an attached treatment questionnaire, or your insurance company will send it to you. It is key to get a treating provider to complete and submit the questionnaire reasonably promptly.

After You Apply:

You will be called and emailed by the Insurance Company Representative – these are friendly resources who help you through a tricky procedure. This may include a phone interview. However, the results of all your representative interactions will be captured in computer notes, and while the Representative is helpful, their end goal is to “fairly” deny you benefits.

We Can Help with Your Disability Claim

Disability insurance companies have now added confusing hurdles to their application processes. This has made it advantageous for you to get disability legal help earlier to support you in the process. We have years of experience with insurance industry processes and can bring ERISA, Colorado State laws, and Disability Case law in supporting you.

For more information on filing for disability in Colorado, schedule an appointment by dialing 303-622-3883, or contact us online to learn more.

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