When will my long-term disability benefits end?

Long-Term Disability and What You Need to Know About When Benefits May EndYou’ve jumped through all the hoops and you’ve done everything that was asked of you. Whether the insurance company relented and granted your request for long-term disability (LTD) benefits or you won benefits after a hard-fought appeal, you got the benefits that you deserved.

Now You Want to Know When LTD Benefits May End

There are a number of reasons that an insurance company can justifiably stop your long-term disability benefits. These reasons include:

  • A change in the definition of disability after 24 months. Many employer-sponsored group long-term disability insurance contracts change the definition of disability after 24 months. For the first 24 months you may be considered to be disabled if you are unable to work in your “own occupation.” After 24 months you may only be considered disabled if you are unable to work in “any occupation.”
  • Limited benefits for mental or psychological disabilities. Some group long-term disability contracts limit benefits for mental or psychological disabilities to 24 months. That means that if your claimed disability is for something like depression, anxiety, post-traumatic stress disorder, or obsessive-compulsive disorder then you likely have 24 months worth of benefits. In some cases, these benefits may be extended if you are hospitalized. Additionally, some disorders such as schizophrenia may be specifically excluded from the 24-month limitation.
  • Medical improvement to the point where you are no longer disabled. If the medical evidence or video surveillance indicates that your health has improved to the point where you can return to work, then the insurance company may find that you are no longer disabled and it may terminate your benefits.
  • Failure to apply for Social Security disability benefits. Most long-term disability plans will require you to apply for Social Security disability benefits and will offset your long-term disability benefits by the amount of Social Security disability benefits that you receive. The failure to apply for Social Security disability benefits may give the insurance company a reason to stop paying your long-term disability benefits.
  • Failure to continue getting medical care. The terms of your long-term disability contract will likely require you to get continued medical care and to provide the insurance company with medical evidence of your continued disability at regular intervals. The failure to do so can jeopardize your benefits.
  • Reaching retirement age. Retirement age should be defined in your contract. It is often found in the maximum benefit period section or chart. Once you reach that age, it is assumed that you would no longer be working and, therefore, your long-term disability benefits will end.
  • Going back to work. Different long-term disability contracts address going back to work in different ways. Your contract may say that your benefits end if you do any work at all or only if you work a certain number of hours or if you earn a certain amount of money, for example.

If the language in your insurance contract supports ending benefits for any one of these reasons and the facts of your case support the termination of benefits then there may be little that you can do to keep receiving benefits.

But You Can Protect Yourself From Wrongful Termination of LTD Benefits

While there are legitimate reasons to end long-term disability benefits, insurance companies may try to end your benefits prematurely. If you have received notice of the insurance company’s intent to terminate your benefits or if you have any suspicion that your benefits may end, then it is important to familiarize yourself with the terms of your long-term disability contract and to contact an experienced long-term disability insurance lawyer today.

Our attorneys are committed to helping people with disabilities get the long-term disability benefits that they have earned through their employers. Please contact us today via this website or by phone if you would like to schedule a free, no-obligation consultation with an experienced disability lawyer to learn more about protecting your right to receive all of the long-term disability benefits you should pursuant to your insurance contract.

 

John L. Keefe
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Founding Attorney, Massachusetts Social Security Disability Lawyer