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Workplace Disability Plans

Many companies offer short-term and long-term disability plans that pay benefits in the event that you cannot work because of health reasons.  Short-term plans generally last for six months and will often pay you your full salary.  Once the short-term disability plan expires, a long-term disability plan could begin and may continue until you turn 65.  Benefits for either program may be denied during the application process or terminated at some point while receiving benefits.  Reasons for a denial can vary but you may appeal within a specified time frame.  Most benefits are governed by ERISA (Employee Retirement and Income Security Act), a federal law, which allows 180 days to file an appeal.  An appeal will trigger an immediate review of the claim, therefore you should not file the appeal until you supply additional evidence to support your claim.  This is because the benefit provider (typically insurance companies) can easily deny your claim if no further evidence is provided to c

hange their mind.  An appeal should include medical evidence to support not only your diagnoses but also the severity of your conditions.  Even after you have provided supporting documentation, benefit providers still may deny your claim and you may run out of chances to appeal directly to the provider.  If this occurs, you will have to file suit in Federal Court, but you will no longer be able to supply evidence to support your claim.  That is why it is important to have a skilled attorney to assist you in your short-term or long-term disability claim immediately following a denial or termination.  The attorneys at the Law Office of Michael A. Malyuk are some of the few in Ohio who are skilled in ERISA disability benefits.  Call our office to meet and discuss your options for short-term or long-term disability benefits.




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