Can Short-Term Disability Be Denied for Mental Health?
Contact the short-term disability lawyers at Bryant Legal Group in Chicago for help appealing a disability denial for a mental health condition.
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Chicago Short-Term Disability Attorneys
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.
Our short-term disability attorneys help clients fight denied and delayed claims when they need income most. We take a practical, results-driven approach that focuses on your needs.
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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:
Qualifying for Short-Term Disability Benefits
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.
Filing a Short-Term Disability Claim in Chicago
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.
An experienced Chicago short-term disability attorney can guide you through the process to help make sure you receive all the benefits you deserve.
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.
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Was Your Claim for Short-Term Disability Denied?
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.
Frequently Asked Questions About Short-Term Disability Benefits
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.
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Short-term disability benefits may be available for many types of medical conditions, including:
- Recovery from surgery
- Musculoskeletal injuries (back injuries, fractures, torn ligaments)
- Pregnancy and childbirth recovery
- Severe infections or illnesses
- Mental health conditions (anxiety, depression, PTSD)
- Chronic conditions that temporarily flare and prevent you from working
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:
- Notify your employer’s Human Resources department
- Complete claim forms provided by your employer or insurance carrier
- Submit medical records and an Attending Physician Statement
- Provide job descriptions and documentation of your duties
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.
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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:
- Ongoing medical updates
- Periodic physician statements
- Proof that you remain unable to work
- Confirmation of treatment compliance
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:
- Alleged lack of medical evidence
- Missing or incomplete paperwork
- Failure to meet the policy’s definition of disability
- Claims of a pre-existing condition
- Assertions that you can return to work in some capacity
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:
- Review your denial letter carefully
- Identify weaknesses in the insurer’s reasoning
- Gather additional medical or vocational evidence
- Ensure compliance with all appeal deadlines
- Advocate aggressively on your behalf
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:
- You are preparing to file a short-term disability claim
- Your claim has been denied
- Your benefits have been terminated early
- The insurance company is requesting excessive or confusing documentation
- You are concerned about preserving eligibility for long-term disability benefits
Early legal guidance can help prevent mistakes that are difficult to fix later.
Contact the Chicago Disability Attorneys at Bryant Legal Group
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.
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