Contact An Experienced Chicago Short Term Disability Attorney At Our Firm For Assistance
Here at Bryant Legal Group, P.C., our attorneys understand that short-term disability insurance claimants may find themselves in a uniquely vulnerable position.
Insurers are incentivized to take advantage of the situation and deny claims that might otherwise be legitimate, so long as the insurer can find the slightest reason to justify their denial. We are committed to working tirelessly on your behalf to help you secure a favorable outcome, whether through negotiating an insurance benefits buyout, or through litigation.
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Employment Rights On Short
Employers have the right to fire a person who is on sick leave. Most employers wont do this, however. There are practical and legal reasons. Firstly, you must get reasonable notice of termination to be fired legally. Otherwise, without notice, they have to pay you severance. This is the same for those on sick leave and those actively working.
As an employee on sick leave, you may be protected by human rights laws. Namely, laws that prevent discrimination for disability. However, protection under these laws isnt guaranteed. Not all sick leaves qualify as a disability especially if youre expected to recover shortly.
Being protected under these laws can mean a few things. Your employment is protected but maybe not your specific role. And, your employer has a duty to accommodate your disability. They might modify your job, allow you to work reduced hours, or move you to a different role.
If youre on sick leave that goes well beyond the short-term disability period, then your employer eventually has the right to stop your employment. Yes even without notice of termination or severance pay.
To learn more, check out our page on employment rights and disability benefits.
Whats It Like To Return To Work After Short
Depending on your disability, you and your employer will need to sort out different logistical elements when youre ready to get back to work. But thats not the only factor at play heretheres also an emotional and relational element involved when you return to the office after an extended amount of time off.
Companies arent stagnant and, while youre on leave, there might be employees leaving and new team members being added as well as adjustments to strategy or workflow. There were shifts that occurred during my time gone, so I needed to readjust to the changes that had happened, Tiernan says.
In her case, however, Most of it was just emotional and mental fatigue after having spent four months not really on a computer every day or using my brain in that kind of way, she says. But she felt there was an expectation that shed jump back in full force. Looking back, I appreciate that now because I dont think I wouldve been able to transition as well as I had if it had been slow.
Every person and situation is different, though, and you may find that easing back into work is best for you physically and psychologically. So communicate with your employer and your medical team to ensure a smooth transition.
Regina Borsellino also contributed writing, reporting, and/or advice to this article.
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Why Was My Short
Did you recently go on a sick leave from work? Did the insurance company hand you back a short-term disability denial letter? Are you unsure of what to do next?
If you answered yes to any of these questions, keep reading. As part of our Ultimate Guide to Short-term Disability, this article overviews everything you need to know about short-term disability denials, including common reasons for a denial, how to appeal, and more.
Streamline Your Application Process
The application process will depend on what kind of Short Term Disability coverage you have and your insurers requirements. If your benefits plan includes services from a third-party disability management service like DMI, ensure you are utilizing their expertise to help you along the way.
If you are applying for short term disability coverage, you want to focus on your treatment and recovery. To get your claims experience started right, our partners at DMI offer their advice to get things going in the right direction:
- Fill out application forms in their entirety. Your application for benefits will be based primarily on the accuracy and comprehensiveness of the information that you provide, so double checking or having a close friend or family member look over your application form for any missing information can save you valuable time and energy.
- Ensure your doctor, treatment team or specialist fills out the appropriate paperwork and provides the clinical records relating to your claims. This is the information your insurer will use to adjudicate your claim for benefits.
- You will need to provide a clear and legible copy of one of the following documents: birth certificate, drivers license, or a government-issued passport.
- Other information you may need to include is your SIN number, banking information for direct deposit, an up-to-date mailing address, as well as your employers address.
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Is Short Term Disability Insurance Worth It
Whether a short term disability policy is right for you is a decision only you can make. But considering that over 1 in 4 of todays 20-year-olds will become disabled before they retire,3 having a short term disability policy in place can help you feel confident that youre protected, whatever challenges life may bring. If youre not sure how a short term disability policy will fit into your overall financial plan, talk with a financial professional who can help you figure out how to best protect yourself.
How To Streamline The Claims Process
The process for filing a disability claim can be complicated. It can be especially difficult if youre dealing with a serious mental health condition. Thats why we recommend hiring an experienced lawyer to assist you throughout this process.
Roy Law Group specializes in going up against disability insurance companies. Our highly trained and compassionate lawyers can help you through every step of the short-term disability claim process.
Having a disability lawyer on your side exponentially increases the chance your claim will be accepted. Roy Law Group will take the hassle out of this process so you can focus on what matters: your health and well-being.
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Who Pays For Short
If your company offers short-term disability, it can generally be structured in two ways:
- Self-funded or self-administered: Your employer provides and funds this benefit themselves.
- Insurance: Your employer works with an insurance company to provide this benefit.
Some companies may blend these two models, with the company funding the part of your paycheck that the insurer doesnt cover for a given amount of time.
Can You Go On Short
Short-term disability generally covers behavioral health issues, which can include anxiety, depression and stress. However, the claims process for these conditions tends to be more difficult. Claims analysts may need all of the medical records pertaining to the diagnosis so they can evaluate what is preventing the employee from working.
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Delegation Of Duties Is A Possibility
The insurer may argue that you can simply delegate your duties to another employee for a temporary period of time, until your condition resolves. Given the short-term nature of your disability, the insurer may argue that the delegation will not necessarily be disruptive to your career.
These are not winning arguments, however arguably, the insurer could deny any disability claim on the basis of being able to delegate certain duties to others. Your ability to delegate certain duties cannot be used to justify a denial.
Short & Long Term Disability Insurance Defined
Learn the differences and reasons you may want both
You’ve worked hard to build a life for yourself, and you want to protect that. The right coverage can help protect your home, car, and family from the unexpected. It’s helpful to consider what would happen if you became unable to work due to an injury or illness and if you would need to maintain your current lifestyle, including continuing to pay your mortgage and bills.
Short-term and long-term disability insurance can protect your financial well-being by replacing lost wages if an illness or injury prevents you from working. If your employer does not offer this coverage, or if you are self-employed, you can buy a personal policy, and an independent insurance agent can help you. Here’s an extensive breakdown of short-term and long-term disability insurance and why each might be right for you.
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What Are Premiums Like
If you read any of our long-term disability insurance articles, you know we provide an estimate of premiums. Premiums on long-term disability insurance can run from $0.50 per day to $3.00 it really depends on your age at application and your occupation. Your health matters, too. Nevertheless, long-term disability can be customized to your budget. As I have said, the cost of long-term disability insurance is a cup of coffee at your favorite coffee shop.
However, short-term disability insurance is a bit different. It is expensive. We have seen plans run $300 or more a month!. Why is it more expensive? People generally make higher claims on short-term disability rather than on long-term, although the chance of a long-term disability is still between 1 and 4 and 1 and 3 workers still high.
Heres a real example of an office manager. I am sure you will agree with me that an office manager is a low, disability-risk job, right?
This quote here is for a 40-year-old, female non-tobacco user office manager making $75,000 annually. She could pay from $116 to $206 per month.
Likewise for a male auto mechanic . You can see what his premiums could be.These will both provide a weekly benefit of about $1,000 per week.
Is it worth paying from $170 to $300 per month for a $1,000 per week benefit for 3 months or 6 months?
That question brings us to our next section.
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What Conditions Qualify For Short Term Disability
Cancer, pregnancy, mental health issues, injuries and musculoskeletal diseases are among the top reasons for disability claims. Coverage varies by policy, but your plan should outline if there are any conditions that would be exempt from coverage under your policy. Unlike Workers Compensation, short term disability insurance pays benefits for an injury or illness unrelated to your job. You can also purchase additional cancer, accident or critical illness insurance to supplement your short term disability benefits if youre unable to work for one of those reasons.
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Income Protection Kept Michelle In The Game
Michelle was showing her nephew how to block a kick when she took an unexpected fall and broke her ankle. She needed minor surgery and a cast, which kept her away from work for several weeks. Michelle’s Short Term Disability Insurance paid her a portion of her lost income, so she could manage expenses while she was unable to work.
Making Sure Your Job Will Be There When You Return
State short-term disability programs offer wage replacement but they offer little to no job protection. You must apply for leave under the Family and Medical Leave Act or a state medical leave lawor rely on the Americans with Disabilities Act to ensure your employer will take you back after a period of disability. Read our article on keeping your job after disability leave for more information.
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Your Treatment Doesnt Indicate A Serious Disability
Theres a misconception that if you have a serious condition, you will receive serious treatment the two always exist together. If the insurance company doesnt see enough treatment or the right kind of treatment, they may provide this as a reason for your short-term disability to get denied.
Depending on your diagnosis, there are standards of practice in the medical community. You should be treated a certain way for a certain disease. The insurance companies will have doctors reviewing your treatments with these standards in mind.
The remedy? Make sure your doctor is following best practices and treating you accurately. This might mean you have to go see specialists and try medication to match the commonly perceived seriousness of your condition.
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Treatment And Return To Work Programs
You might have to do treatment or return to work programs physiotherapy, occupational therapy, and psychological therapy, for example. This is more common with long-term disability plans but can happen in the short term, too. They cant force you to go, but if you dont, they can stop your payments.
So, if you have been getting benefits for a few months, be aware that you might be sent for treatment soon.
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What Happens If My Doctor And Employer Disagree Over My Return To Work After Short
Your employment is a matter between you and your employer. In most cases, employers will follow the advice of an employees doctor regarding readiness to return to work. However, in some cases, disagreements between your employer and doctor will arise. This normally happens when your employer rejects your doctors opinions in favour of what the insurance company is telling them.
Disputes can also arise when your doctor says you are ready to return to work, but your employer disagrees. When disagreements between your doctor and your employer happen, you must make sure your doctor is following the best practices and giving detailed information. Sometimes your doctor will be the problem. This happens when they make unreasonable requests or dont give your employer enough information to accommodate your disability.
If your doctor has notified your employer about your disability, then human rights laws will prevent your employer from firing you for not returning to work immediately. These protections are not absolute.
You and your doctor must work in good faith with your employer to give them the information they need to determine how and if they can provide accommodations to allow you to work.
The Top 10 Causes Of Disability
One of the most frequent misconceptions people have about disability insurance is that theyll never need it. After all, a disability is catastrophic and it happens so rarely, its not a priority for most.
But the truth of the matter is that income protection is far more important than most think. Consider this: There are many causes of disability and one out of every four of us will be out of work for longer than our accrued paid time off allows.
The following list has the top 10 causes of disability.
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Should I Purchase Short
Although illnesses and injuries can’t be predicted, they’re likely to affect your workplace at some point in the future. For comprehensive protection, employers may consider offering a combination of both short-term and long-term disability insurance to employees. These policies are an important complement to any group health insurance plan or general liability insurance plan and help to minimize the impact of debilitating illnesses and injuries on both your employees and your business.
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Employees Can Avoid Using Up Their Savings
It is hard to prepare for an unexpected injury or illness, but they do happen. Even if a worker has an emergency savings account, providing short-term disability will help them avoid using up all that savings for other life events. This assistance is crucial in helping employees maintain their finances through challenging times.
Reasons Why You Should Offer Short
Trends can change fast in Human Resources based on what job seekers expect from their employers. Short-term disability is becoming a must-have for companies to keep an edge in their industry, along with other trending benefits like family leave and flexible work arrangements. Here are seven good reasons why you should consider offering short-term disability as part of your benefits package:
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Can I Apply For Ei Sickness Payments After A Short
Yes, you can apply for EI sickness payments. You can do this if the insurance company declines your claim. You can also apply if you believe that there will be a delay in the approval of your short-term disability. Take note that you should send in your application immediately if your situation falls on the second case.
Service Canada will approve EI sickness payments based solely on the recommendation of your doctor. Unlike the insurance company, they will not question your doctors opinion that you need a sick leave from work. EI sickness payments are 55% of your pre-disability weekly income and will pay for 15 weeks. If your short-term disability is approved later, you must pay this back.
Apply For Ei Sickness Benefits
If your short-term disability appeal is denied, but you are not well enough to return to work, then your next best option is to apply for Employment Insurance sickness benefits. EI Sickness benefits are a Federal Government Program paid by Service Canada. They will pay you 55% of your pre-disability weekly income for up to a maximum of 15 weeks. Applicants can fill out an application online or at a Service Canada office. You will need to get a Record of Employment from your employer that shows you are on a medical/sick leave from work. You will need your doctor to certify that you are unable to work due to illness. EI sickness benefits will give you 15 weeks of payments.
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