Long-Term Disability

If you have suffered a physical or psychological injury or illness that prevents you from being able to work, you may be entitled to long-term disability (LTD) benefits. If your employer offers you LTD coverage as part of a group benefits package, or you purchased an individual policy on your own, you may be entitled to continue receiving a portion of your salary if you are unable to work due to injury or illness.  Every LTD policy is different, and the availability and amount of benefits will depend on the policy. It is important to submit an application for LTD benefits as early as possible to get the process started and begin receiving any payment you are entitled to. LTD policies are complex and often contain ambiguous terms. There are numerous requirements relating to waiting periods, premiums, calculations of entitlement and minimum work hours that one should be familiar with when applying for LTD benefits.  Although LTD benefits can be a vital lifeline if you are unable to work, and should be pursued to the fullest extent, getting the process started can be burdensome, especially when trying to prove with medical evidence that you meet the definition of having a “disability”. If your application is denied, or your benefits are terminated, you should contact a lawyer promptly to advise you of all your rights and options. You may be in a position to pursue an action against your LTD insurer.   

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LTD coverage is not required by law, it depends on your workplace benefits plan, union agreement, or a private policy you purchased. LTD claims frequently arise from serious physical injuries, including traumatic brain injuries, spinal cord injuries, and significant fractures or broken bones, that leave a person unable to return to work for an extended period. They can also arise from psychological or psychiatric conditions that impact your ability to work (or something like this). Most claims start with an application through your insurer or benefits administrator. The insurer needs medical documentation that clearly explains your diagnosis, symptoms, restrictions, and why you cannot perform your job. Your claim is strongest when your medical evidence reflects your actual day-to-day functional limitations, not just a diagnosis name.

  • Request the claim package and confirm all deadlines with your insurer
  • Ask your doctor to document work restrictions and functional impact specifically
  • Keep copies of every form, medical note, and insurer letter

Track symptoms, treatment appointments, and missed work time throughout

Most LTD denials come down to one of three issues: the insurer says there is insufficient medical evidence of functional impairment, insufficient proof of ongoing treatment, or that you retain some capacity to work. Insurers may also rely on independent file reviews or assessments that do not reflect your actual day-to-day condition.

A lawyer can identify the specific ground for denial, strengthen the medical evidence, and respond in a way that protects your claim and appeal rights.

Contact Hoffman Law as soon as you receive a denial letter, timing matters.

A denial is not final. Start by reviewing the denial letter carefully to understand exactly what the insurer is relying on. Gather updated medical documentation that directly addresses those reasons, respond within any appeal deadlines, and keep all communication in writing.

  • Do not send incomplete responses — partial information can entrench an inaccurate narrative
  • Do not assume the insurer’s position is correct — denials are regularly overturned
  • Get legal advice as early as possible — the steps you take after denial affect your options

Yes. Insurers can and do reassess benefits and terminate payments — particularly after a policy definition change (from inability to do your own job, to inability to do any suitable work) or following an insurer-requested independent assessment. A cutoff is not automatic confirmation that you no longer qualify.

If your benefits have been terminated, collect updated medical evidence immediately and contact Hoffman Law to challenge the decision before any appeal deadlines pass.

How long LTD benefits last depends on the definition of disability in your specific policy and when you first became disabled. Most policies pay benefits while you continue to meet the disability definition, typically until you recover, return to work, or reach the maximum age stated in the policy (often 65).

Many policies also shift their test after a set period, commonly two years, moving from inability to perform your own occupation to inability to perform any occupation for which you are reasonably suited. Understanding your specific policy terms is critical before making any decisions about work or treatment.

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