The Employee Retirement Income Security Act is known as ERISA, and it is a federal act that often covers persons who have a private short-term and long-term disability plan with their employers.
The ERISA claims are covered under an insurance disability plan, often referred to as “the plan” for short. You have the right to request a disability plan from the insurance company that covers your long-term or short-term disability.
There will be a claim file which is generated by the insurance company regarding your short-term and/or long-term disability case. Contained in the claims file will be the disability insurance plan, your medical records and the decision on the claim. Also, there will be notes taken by the insurance agents in charge of your claim. Keep in mind when you speak to the adjusters in charge of your claim that they are taking notes of what you say and including them in your claim file.
Generally, short-term disability is either six months or two years. Generally, the legal standard to win short-term disability is to prove that you are disabled from performing your prior job with your employer. Generally, to obtain long-term disability, that is until you are about 65 years of age, you have to prove that you cannot perform any job which exists in the economy. You may win short-term disability at times, and not win long-term disability.
In order to obtain long-term disability, you are usually required to apply for Social Security Disability. Generally, if you win your Social Security Disability case and you win your long-term disability case, the insurance company will deduct the monthly amount you receive from Social Security Disability from your monthly long-term disability, and you will receive the difference from the insurance company.
Obviously, we are speaking in generalities regarding disability plans, disability, claim files and so on.
It is best to consult or hire an attorney who practices in the area of short-term/long-term disability and Social Security Disability in order to be as knowledgeable as possible and increase the chances of securing your benefits.
