FAQ – How do I file a claim for disability benefits? | Clearwater Long Term Disability Lawyer

Well, that depends on what the summary plan description or disability policy says about when and how you file a claim for disability benefits.

I think that as soon as your physician says that you are disabled, and you agree you’re unable to work, you should file a claim for disability benefits. When should you file the claim?

There is no easy answer to that question, because, again, a summary plan description or policy may tell you when you have to file for disability benefits. If you don’t file your claim for disability benefits at the right time, the disability carrier may say that they don’t owe you any disability benefits, because you screwed up.

I always suggest that the claim for disability benefits be filed in writing on the day you last worked. Get the disability forms from your employer or the disability carrier, complete them, keep a copy and give one to your employer, and send the other copy to the disability carrier certified mail, return receipt requested.

If you don’t have the forms, write out a note that says you are claiming disability benefits, and the date on which you claim you become disabled. Attach to your disability note any supporting medical documentation of your inability to work. Give your material to your employer and asked for a receipt. Send it to the disability carrier certified mail.

The ERISA regulations require that your request for disability benefits comply with the disability plans procedures and rules set forth in the summary plan description for policy. Even if these procedures are burdensome or unreasonable!! You need to try to comply with the rules.

And, by all means keep a copy!

Now start counting the days until you get a response!

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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