Get Answers to Your Legal Questions in Our FAQ
Dealing with a legal issue whether it be applying for and receiving disability benefits, fighting for a personal injury claim, or navigating through a divorce, can be a challenge, and many people are left with questions about what they can do to get the help they need. At the law offices of Loyd J. Bourgeois, we understand how hard it can be to get the answers you need. That’s why we’ve put together the following list of Frequently Asked Questions (FAQs) and answers dealing with family law, personal injury, disability benefits, claims, and appeals and the related law in Louisiana.
The following are some FAQs that I receive as a Louisiana attorney. They may answer some of the questions you have regarding your Social Security Disability appeal, your long-term disability insurance denial, your personal injury claim, or your Louisiana divorce. If you have a question that is not answered here, please call the legal team of Loyd J Bourgeois, LLC at 985-240-9773.
- Page 13
When Should I Stop Work If Applying For LTD?
There are a few reasons why the date that you can no longer work due to disability is important. Two very specific reasons are:
- It impacts coverage; and
- You may not be disabled.
In our previous installment, we talked about pre-existing conditions, waiting periods, and effective dates of coverage. Those are important topics to understand when you and your doctor are determining that you can no longer work.
- Are you sure that you are covered under your employer’s long-term disability policy?
- Did you fill out your election timely and has the waiting period passed?
- Are you beyond the pre-existing condition exclusion?
- These are just a few of the questions that impact whether or not you have coverage and are entitled to benefits at the time you can no longer work.
If you have been following along, you know the importance of having your doctor diagnose your disabling condition.
You also know that your policy contains a specific definition of disability. To get benefits under the policy, you must be disabled according to the definition. Most definitions will require that you could no longer work because of a disability.
Unfortunately, some people stop working BEFORE their doctor diagnoses a disabling condition. When that happens, the person will have no medical proof of a disability until AFTER they stopped working. Sometimes, people file without any medical support.
The long-term disability provider will have an easy decision – that person decided to stop working (quit). The person cannot prove that a disability caused their inability to work. Why? Because they have no medical opinion saying so. The medical opinion only comes after the decision to stop working.
A good example here is the chicken and the egg. You know the one – which came first, the chicken or the egg?
While there is no clear answer on the chicken or the egg, in long-term disability settings there is. You must have a doctor’s opinion and medical proof of disability BEFORE stopping work and filing a claim.[Just for the record – the chicken came first]
You should only stop working after you are certain that you are covered under the long-term disability policy, and you have adequate medical support and documentation. And not before.
Good luck. And, remember the things you need to know before you file your long-term disability claim. If you need help filing a disability claim or appealing a denial, we're here to help. Give us a call at 985-441-3448.