If you are injured in an accident or suffer a sickness/illness that prevents you from attending work, you may have access to short-term and long-term disability coverage through your employer or other private insurance coverage. This coverage replaces your income while you are unable to work. Typically, this coverage is divided into short-term disability coverage (which typically replaces 80%-100% of your salary for approximately 3-6 months) and long-term disability coverage (which typically replaces 50%-70% of your salary and is potentially available until the age 65).
Long-term disability coverage usually has a change in the eligibility test at the two-year mark from when you first received disability benefits. For the first two years, the test is generally that you are unable to complete the essential tasks of the job you were doing when your disability arose. After two years, the test typically changes to a requirement that you are unable to complete the essential tasks of any job for which you are reasonably suited by virtue of education, training, and/or experience.
It is not uncommon for an insurance company to terminate payment of these benefits when an insured person is not yet able to return to work. In our experience, every disability insurance policy is worded differently and must be carefully reviewed in order to determine if the termination of benefits in any given case is appropriate.
If you have had your disability benefits terminated we urge you to contact a lawyer as soon as possible to review your situation and determine if the termination was appropriate. There are many deadlines which can affect your ability to dispute the termination of benefits. Typically, there are appeal procedures within the policy which must be commenced in very short order (sometimes 30 days or less). You are also time-limited in your ability to commence a lawsuit against the insurance company for payment of benefits. Typically you have one year from the date of termination of your benefits to commence a lawsuit. You may have less than one year, depending on the circumstances of your case.
At McNally Gervan LLP our lawyers have advised many clients with respect to their rights when their disability benefits are terminated. We offer no-obligation consultations and one of our experienced lawyers will return your call within twenty-four hours or less.
You may also complete the confidential form below and one of our team members will be in touch with you as soon as possible to discuss your case further.
The information provided on this website is for informational purposes only and is not legal advice. Every case is different and we cannot give you an opinion about your case without meeting with you in person to discuss your situation. This information should not be relied upon to make any decisions. Calling our office or completing our online form does not create a lawyer-client relationship.