Short-Term And Long-Term Disability Benefits
Short Term and Long Term Disability Benefits are completely different from Social Security disability benefits. Short Term and Long Term Disability Insurance Coverage are sometimes offered to the employee by the employer. Sometimes persons will privately purchase a disability insurance plan. In all of these situations, the definition of “disability” is not the same. The rules are not the same. The process is not the same.
Whether disability benefits are payable is strictly controlled by the plan or policy that is in effect at the time disability starts. The first place for the employee to start is to read the plan or policy that is in effect. Since these plans are sold by insurance companies, many limitations are often written into these plans. Additionally, many plans allow the insurance company to exclusively interpret the policy language and to decide whether or not a person is disabled.
Similar to social security disability, establishing disability will be the burden of the disabled worker. The company processing the application for benefits is not likely to obtain all the proof that is needed. If there is a denial, the appeal rights are very limited.
In many but not all cases, the Employee Retirement Income Security Act (ERISA) will be the governing law on appeal. The ERISA law provides limited protections to the employee. Protections are fewer than those offered under the social security disability system.