FAQ – Will My Employer Help Me With My Disability Claim? | St. Petersburg Long Term Disability Attorney

Probably not!

Your employer may be self-funded for short term disability benefits. That means your employer is paying disability benefits out of its own pocket. Self funded employers normally will pay 13 to 26 weeks of short term disability benefits, and then turn your claim over to a long-term disability insurance company. If the monies coming out of their pocket, they may not be so anxious to pay you disability benefits. However, I have seen self-funded employers override the decision of short-term disability carrier and pay benefits out of their own assets.

Other employers have provided you with a short-term and/or long-term disability policy. If you are covered under the disability policy, the policy will be administered by the insurance company or by a third party administrator. Your employer is not involved in the claims handling or decision-making process.

Your employer provided you with a long-term and/or short term disability policy in the event you became unable to perform your job. Some employers will wash their hands of you since you are disposable. Some employers will give the disability insurance company incorrect information about your job duties or work performance in an effort to avoid claims for discrimination or other employment related claims. Other employers will try to have you quit on the wrong day thereby destroying your disability claim

The disability carrier will be asking you and your employer about your job. It is important that you get a copy of your job description and compare that description to what you actually did in your job. I always have my clients write out the description of their job duties and get a copy of the formal job description so we can compare the same.

It may be necessary to get a letter from your employer at some point regarding your inability to do your job or the difficulties that you had doing your job after you became disabled. Your employer may not be willing to give you such a letter but one of your co-employees might be able to do so. If and when you need such a letter will be up to you and your experienced disability attorney.

At the Law offices of Cavey and Barrett, we secure letters or affidavits from your employer or co-employees about the nature of your job, how you performed your job duties before you became disabled, how your job may of been changed as a result of your disability, and what problems you had performing your job after you became disabled. This information must be tailored to your specific circumstances.

If human resources is giving you a hard time, that may hurt your chances to get disability benefits and is yet, just another reason, why you need an experienced disability attorney to assist you in the disability claims process. If you would like to speak with an attorney, you can contact Nancy Cavey by clicking here or by calling 727.894.3188.

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