LEGAL SERVICES
Disability insurance is designed to protect your income should you suffer an injury or illness that prevents you from working. In situations where the injury or illness is only temporary, you may be entitled to collect disability benefits under an employer-sponsored short-term disability program.
Short-term disability benefits are available for a limited period, generally between nine weeks and a year, and cover a certain percentage of your salary. Additionally, under some plans, the short-term disability benefit is payable immediately, while other plans provide for a short elimination period.
An experienced Chicago disability attorney can help you determine your eligibility as well as assist you in filing a claim. Contact Bryant Legal Group for a no-risk evaluation of your disability insurance claims.
Our short-term disability attorneys can assist their clients with every aspect of their claims:
To qualify for short-term disability benefits, you must satisfy the different requirements of your employer’s plan. These requirements include meeting the plan’s definition of “disability” and remaining disabled both during and after any elimination period.
Should your condition require you to be off from work longer than the maximum amount of time covered under the policy, you may be entitled to file a claim for long-term disability benefits.
If you are filing a claim for short-term disability benefits, you will need to either submit your claim through your employer’s human resources department or directly with the insurance carrier, depending upon your employer’s program. Unfortunately, insurance carriers can make the process very challenging, and you may end up in a difficult battle to get the payments you need.
The Chicago disability attorneys at Bryant Legal Group have years of experience helping employees file for short-term disability benefits. We can help you gather and submit all the medical records and other information you will need to support your claim. Once your claim has been approved, you will also be required to provide ongoing evidence of your disability, typically on a weekly or monthly basis.
We know that the insurance companies aggressively monitor short-term disability claims and look for ways to terminate payments as early as possible. Our attorneys will assist you throughout the entire period of your disability, making certain the insurance company receives all required documentation so that you can continue to collect the benefits you are owed.
If you receive disability insurance through your employer, you might assume that filing a claim will be straightforward. After all, you’ve paid for coverage—either directly or through your employee benefits package—and you need those…
Employment changes can be a stressful time whether it’s your choice or due to termination. Either way, you’ll have to navigate changes in your benefits such as health insurance coverage, retirement savings, and potentially disability insurance benefits. Illinois does not have a law requiring that employers continue sponsored life insurance, long-term or short-term disability insurance …
Sufferers of hidden disabilities, or disabilities that are not immediately apparent, can face additional struggles in their insurance claims. An invisible disability like chronic fatigue or fibromyalgia doesn’t show up…
Insurance companies frequently deny short-term disability claims. Their reasons may vary, although they often claim that there’s insufficient evidence regarding your condition or you made a mistake on the application. Some claimants are even denied short-term disability due to a pre-existing condition.
If your claim for short-term disability benefits is unfairly denied, our Chicago disability attorneys can help you appeal the decision. We know how the appeals process operates, and we will take quick action to gather any additional evidence needed to support your claim. If the dispute cannot be resolved directly with the insurance carrier, our legal team will vigorously advocate for your rights in court.
Short-term disability (STD) insurance is designed to replace a portion of your income if you are unable to work due to a temporary illness, injury, surgery, or medical condition. Most employer-sponsored STD plans pay a percentage of your salary—often between 50% and 70%—for a limited period, typically ranging from several weeks up to one year.
Each plan has its own rules, definitions, and deadlines. That is why reviewing your specific policy carefully is essential before filing a claim.
Related Article: What Are the Pros and Cons of Short-Term Disability?
Short-term disability benefits may be available for many types of medical conditions, including:
To qualify, your condition must prevent you from performing the material duties of your job. A medical diagnosis alone is not enough. The insurance company will require documentation showing how your condition limits your ability to work.
Related Article: Types of Short & Long Term Disabilities Covered
The process depends on your employer’s plan. You may need to:
Timing is critical. Most STD policies have strict notice and filing deadlines. Missing a deadline can jeopardize your claim.
An experienced Chicago disability attorney can help ensure that your paperwork is complete, accurate, and submitted on time.
Related Article: Get Your Short-Term Disability Approved: 5 Ways to Improve Your Application
An elimination period (sometimes called a waiting period) is the amount of time you must be disabled before benefits begin. Some short-term disability plans begin paying immediately, while others require you to use sick leave or wait a specified number of days.
It is important to understand whether your plan has an elimination period and how it applies to your situation.
Most short-term disability benefits last between nine weeks and one year, depending on your employer’s plan. If your medical condition extends beyond the maximum benefit period, you may need to transition to long-term disability (LTD) benefits.
In some policies, qualifying for short-term disability is a prerequisite for filing a long-term disability claim. That makes it especially important to handle your STD claim properly from the beginning.
Related Article: Going from Short-Term Disability to Long-Term Disability
Once your claim is approved, the insurance company may require:
Insurance companies often monitor claims closely and look for reasons to terminate benefits early. Even after approval, it is important to continue providing accurate and timely documentation.
Bryant Legal Group assists clients throughout the entire duration of their disability.
Insurance companies deny STD claims for many reasons, including:
In many cases, denials are based on technicalities or insufficient documentation—not because the claimant is not truly disabled.
If your claim is denied, do not assume the insurance company is correct. You may have the right to appeal the decision.
Many employer-sponsored disability plans are governed by federal law (ERISA), which imposes strict deadlines for filing an appeal. In some cases, you may have as little as 180 days to submit additional evidence and challenge the denial. Private insurance may have different deadlines for filing an appeal.
The appeal stage is often your best opportunity to strengthen your case. Once litigation begins, you may be limited to the evidence already in the record. That is why it is important to consult with an experienced Chicago disability attorney as soon as possible after receiving a denial letter.
While you technically can file an appeal on your own, disability insurance law is complex. Insurance companies are experienced in evaluating and defending claims, and their representatives are trained to protect the company’s financial interests.
An attorney can:
Having experienced legal representation can significantly improve your chances of a successful appeal.
In many cases, involving an attorney early can actually streamline the process. By submitting complete documentation and anticipating the insurer’s objections, you may avoid unnecessary delays.
If your claim has already been denied, acting quickly with legal assistance can help preserve your rights and prevent further delays.
Yes, many short-term disability policies cover mental health conditions such as severe depression, anxiety disorders, or PTSD if those conditions prevent you from performing your job duties.
However, mental health claims often face additional scrutiny. Insurance companies may request extensive documentation and may question whether your symptoms are severe enough to warrant time off work.
Careful preparation and strong medical support are essential for these claims.
Related Article: Can Short-Term Disability Be Denied for Mental Health?
Some policies require you to exhaust short-term disability benefits before applying for long-term disability benefits. If your STD claim is denied and you do not appeal, it could negatively impact your ability to pursue LTD benefits later.
Protecting your short-term disability rights today may safeguard your long-term financial stability.
You should consider contacting Bryant Legal Group if:
Early legal guidance can help prevent mistakes that are difficult to fix later.
If you are filing a short-term disability claim or appeal, Bryant Legal Group can help. When you are injured or become ill and need to take time off from work, it is essential that you take all steps necessary to preserve your rights now and into the future.
Make sure you are protected by scheduling a consultation with a Chicago short-term disability lawyer at our firm. You can reach us at (312) 561-3010 or by completing our online form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
"*" indicates required fields
