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Short-Term Disability
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Short-Term Disability Attorney in New York

When you are hurt and can no longer perform the duties of your job, you may quickly become overwhelmed with understanding the steps to take to ensure you can pay your bills and provide for your family.

Our New York short-term disability attorney has successfully helped hundreds of claimants, both in New York and nationwide, secure their disability income.

Helping You Navigate Short-Term Disability Claims

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When you work with our attorney, we will thoroughly break down the entire claims process. You will receive personalized legal advice and the utmost care. It is important that your short-term disability claim is filed successfully to claim the compensation you deserve. It is also crucial for any long-term disability benefits you may need in the future.

The first step in the long-term disability (LTD) claim process is to pursue a claim for short-term disability benefits. When short-term disability insurance claims are denied, there are serious implications for filing your long-term disability claim. For this reason, it is crucial to ensure the successful filing and completion of your short-term disability claim.

What Qualifies for Short-Term Disability in New York?

Some employers provide employees with short-term disability insurance benefits if they are injured or become ill and cannot work. In some states, this is mandated by law. In many cases, the employer is “self-insured” for short-term disability, meaning the company pays any short-term disability claims for its employees by itself. Other companies purchase short-term disability insurance policies for their employees.

If you are disabled due to a work-related injury, you are likely entitled to collect short-term disability. However, in some cases, the insurance carrier may find some reason to deny your short-term disability claim. If you are issued a claim denial for your disability case, you should immediately contact a disability lawyer for help and representation.

You Must Be Under Medical Care to Collect

To collect on a disability claim, you must be under medical care. Both work-offered and individual disability insurance companies may expect medical evidence of the illness or personal injury leading to your disability. Still, you should always be careful about releasing medical records to any insurance company.

Remember that insurance providers look for reasons to deny claims because they are for-profit companies and do not benefit from paying out claims. Your disability attorney will be able to advise you on the proper way to prove your injury and disability.

It’s Not Fair: A Long-Term Disability Insurance Company Administering Your Claim

Short-term disability programs are almost always administered by a long-term disability insurance company or by an administrator who is retained to contain costs and constrain claims.

By managing the short-term disability claims, the insurance company can:

  • Keep an eye on big claims that may be coming in the future
  • Gather information on a short-term claim in preparation to deny a long-term disability claim
  • Prevent a long-term disability claim from occurring altogether by short-circuiting a short-term claim

This does not sound fair to disability claimants, and it is not.

The insurance company has the upper hand and can gather information in preparation for a long-term disability claim and, in many cases, head off the possibility of a long-term disability claim by denying the short-term claim.

Here’s what one client had to say about our help with a short-term disability denial:

“I can’t say enough about Mr. Frankel and his firm. I was unfairly being denied short-term disability. When I retained his services, he was very concerned and made me feel very comfortable. He used his professionalism to get me through the process with unbelievable integrity and knowledge and then got me through long-term also. His staff is unique in that they convey his caring and knowledge also. Great attorney and a better person.”

Short-Term Disability vs. Long-Term Disability Benefits in New York

Disability insurance does not cover medical bills. This is the first thing to understand. It covers a portion of your lost income due to your limited ability to work. Disability insurance policies vary in the amount they offer and how they pay out, but the length and level of coverage are the main differences between short-term and long-term disability insurance.

Additionally, the biggest difference between long-term disability insurance and a short-term disability policy is that short-term disability typically only lasts for 26 weeks, maximum. If you suffer a disability that is expected to last longer than 26 weeks, it usually falls under long-term disability insurance. Some policies have longer elimination periods, but this is most common. Long-term disability insurance policies usually offer benefits in terms of years, depending on the plan.

Another key difference is the waiting period for benefits to kick in. Before your long-term disability insurance benefits kick in, there is a period of time called an “elimination period” that must pass before you can start collecting benefits.

If the long term disability insurance company determines you are partially disabled instead of completely disabled, your benefits may be reduced accordingly. Partial disability means that while you cannot continue to work full-time at your previous job, you should still be capable of doing some form of part-time work. The amount of disability benefits you can receive is prorated based on the level of disability you have.

Call Us Before You File or While Receiving Benefits

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The best time to contact our firm is before you have filed for short-term disability insurance benefits. However, it is also critical to work with an attorney when you are receiving short-term disability benefits. Often, our most important work is done in this phase, where we identify issues instead of coming in to fix problems.

Hiring an experienced disability insurance lawyer at this early stage is often helpful in successfully pursuing short-term and long-term disability benefits claims.

Please note that if you are planning on returning to work or have already returned to work after your short-term disability claim, we may not be your best resource. We focus our disability law practice on claimants fighting for short-term benefits to ease the transition from short-term to long-term disability.

You Don't Have to Fight This Battle Alone.
Call 888.583.4959 to get started!

What is the New York State Short-Term Disability Income Limit?

Short-term disability in New York State may cover up to 50 percent of your weekly wage but is capped at $170 per week. This number varies dramatically from state to state, and can also vary depending upon your individual insurance plan.

Short-term disability can, in some cases, cover up to 70 percent of your lost wages. In New York State, however, 50 percent is the standard.

Long-term disability benefits typically total up to 66 and two-thirds of your basic monthly income in New York State. Still, they can be higher or lower depending on the individual policy.

What Happens if I am Still Disabled by the End of My Benefits?

Suppose you have not yet received a notice of rejection for your benefits and are still under 26 weeks. In that case, you will likely need to submit additional medical evidence and research to prove why you still need continued assistance. A knowledgeable short-term disability lawyer can guide you through the necessary records to support your claim and seek the benefits you deserve.

What if My Short-Term Disability Claim Was Denied?

If you have received a notice of rejection, you may request that your claim be reviewed. It can also be helpful to seek representation from a qualified and experienced disability attorney in this case.

It can be complicated to challenge a denied disability claim. The right attorney can help you to gather evidence that your disability is authentic, that it has caused you genuine hardship, and that it has interfered with your ability to make a living and earn wages. They can stand up for your rights and communicate with the insurance company on your behalf. The right attorney can take on the fight for benefits so you can focus on the all-important battle to get well again.

Were You Denied Short-Term Disability Benefits? Call Us.

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If you applied for short-term disability coverage and were denied, it is not the end of the road. The Law Office of Justin Frankel, PC is a disability law firm representing clients nationwide, from New Jersey to California and beyond. We handle long-term disability claims, short-term disability claims, claims under the Employee Retirement Income Security Act (ERISA), and more. Our short- and long-term disability lawyer is ready to listen to your case. Our legal team is experienced in how disability plans work and interact with other healthcare insurance plans. We are ready to represent your needs.

Calling the Law Office of Justin Frankel, PC may be your most important call during your short-term disability claim. When insurance companies seem set on denying your claim, our legal team will stand up for your rights. We will help you to build a case to prove your disability, and we know how to remind everyone involved that you are a victim and you have the right to collect the benefits you need.

When you need help with your case, look for a law firm that knows how to protect your right to benefits from your short-term or long-term disability claim and who will treat you like family. We are based in Long Island, New York and have experience throughout the country representing clients pursuing short-term and long-term benefits. Check out our client testimonials and call us today toll-free at 888-583-4959 or use our online contact form to request your free consult today.

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