Short Term Disability Lawyer
Short term disability is a type of benefit, usually provided by an employer, which covers a percentage of a worker’s wages in the event that he or she becomes unable to work as result of an illness or injury. Short term disability is generally differentiated from long term disability benefits in that it pays benefits for a shorter period of time. Usually, short term disability plans or policies pay benefits for 90 or 180 days. However, there are no clear limitations regarding the time period that short term disability plans must cover. The actual duration of benefits is determined by the specific terms set forth in the applicable short term disability plan or policy.
At RamosLaw we provide legal representation to persons who have been denied short term disability benefits by their plan administrator or disability insurance company. In most cases, our clients suffer from a chronic medical condition and fighting for their short term disability benefits, is the first step in being able to obtain long term disability benefits.
Typically, a short term disability plan provides benefits during the elimination period needed to qualify for long term disability benefits. Therefore, if you are planning to apply for long term disability, it is advisable that you also fight for your short term disability benefits.
Self-Funded Plans and Salary Continuation Plans
Some short term disability benefit plans are funded by an insurance company. However, it is relatively common for some employers to self-fund their company’s short term disability benefit plan. In cases where the employer funds the short term disability plan, a denial of benefits might not be covered by the Employee Retirement Income Security Act of 1974 (ERISA). If the payment of short term disability is paid out of the employer’s general funds as part of its payroll practice, then the plan is exempt from ERISA. In these cases, a claimant who has been denied benefits cannot take his or her case to federal court. The only recourse available to the claimant is to file an action in state court for breach of contract.
If you have been denied short term disability benefits you should contact RamosLaw as soon as possible. You have very strict time limits to file your appeal. We provide free case evaluation and do not charge you any fees unless you get paid benefits.