Does My Insurance Help with a Disability Claim?


If you are seriously injured or diagnosed with a debilitating medical condition, it can be hard sorting through all your disability options. What do you qualify for? Will your insurance help with a disability claim? These are questions that people frequently ask but seldom get clear-cut answers to.

The experienced disability attorneys with Fusco, Brandenstein & Rada, P.C. can help clear up confusion over disability benefits and help you file a claim. Move beyond the overwhelming and frustrating experience of filing a claim on your own and learn how our skilled New York disability benefits attorneys can help you seek the money you deserve. Don’t rely on your insurance company to help with your disability insurance claims.  Your best bet is a lawyer from Fusco, Brandenstein & Rada, P.C.. Contact us online for a free consultation.

Social Security Disability Insurance

Social Security Disability Insurance, or SSDI benefits, are often referred to as “insurance benefits.” It is because SSDI benefits are funded through payroll tax deductions. For this reason, SSDI benefits are sometimes referred to as a type of “insurance” benefit. These benefits are generally only available to individuals who have worked for a minimum specified time period and paid into the benefits system. The SSDI program is overseen by the Social Security Administration. To qualify for benefits, an individual must meet certain employment and medical criteria. These benefits are not the same as Supplemental Security Income, which is a needs-based disability program.

Disability Benefits Through Insurance

 In New York, workers may also be entitled to apply for disability benefits through their employer’s insurance provider. New York law requires that employers provide short-term disability benefits to qualified employees. Generally, employees who qualify for short-term disability benefits must work full-time and have been hurt or become sick while from non-work-related causes.

Employees filing for short-term disability benefits must do so within 30 days of becoming disabled. Short-term disability benefits will typically pay 50 percent of an individual’s average wages. Benefits can be paid out after a seven-day waiting period. Short-term disability benefits are just that, payments made for a short time. The maximum amount of time an individual can claim short-term disability benefits is 26 weeks.

You may also have purchased long-term disability (LTD) insurance through your employer’s group carrier. You must apply for these benefits. Just because your disability or illness qualified for short-term disability, that doesn’t mean that you’ll automatically be declared eligible for long-term disability benefits. Hiring a lawyer to assist you throughout the application process would make your life much easier.

These benefits would become available after a waiting period, often 180 days. Depending on your policy, the benefits would replace 50-80% of your pre-disability average monthly wages. Many of these plans only pay benefits for a maximum of 12 – 24 months for some specific conditions but generally pay benefits until the insured is 65 years old or at full retirement age.

Which Benefits Are Right for Me?

The answer could be both long-term and short-term benefits. Short-term disability benefits are an insurance program designed to help you cope with a disability in the short term. If your injury or condition is expected to impact your health and ability to work in the long term, you may be able to apply for SSDI benefits. These benefits can help compensate an individual when their short-term disability benefits expire. Sometimes short-term disability benefits are only a transition from an active employment situation to a long-term or permanent disability plan.

You may collect long-term disability benefits and SSDI at the same time, but there may be an offset that applies. If the total of your SSDI benefits completely offset your long-term disability benefits, your LTD plan may pay a minimum benefit.

Individuals should be aware that just because they qualified for short-term disability, it is no guarantee that they will qualify for Social Security benefits. Short-term disability, long-term disability, and SSDI benefit programs are overseen by distinct and different agencies. As such, they can have different requirements for what they consider a “disability.”

If you are hurt or have developed a serious medical condition, you may want to consult with an experienced New York disability benefits attorney to find out more about which disability insurance programs may be appropriate for you.

How an Experienced New York Disability Benefits Attorney Can Help

Filing for any form of disability benefit while you are hurt or ill can be stressful. The process can be confusing and complicated. Applying for different types of benefit programs can be even more challenging. A knowledgeable disability benefits attorney can be a valuable tool when it’s time to apply for the benefits you deserve.

An attorney can carefully review your situation, work history, financials, and medical information to help determine which benefits programs you may be eligible to qualify for. Once the eligible programs have been identified, a skilled New York attorney can begin the process of filing the claim paperwork and gathering all the necessary medical documentation. Benefit programs require a wealth of personal and medical data. Missing the smallest detail or filing an incomplete or inaccurate form can result in your application being denied.

If you want the best chance possible at filing a successful disability insurance claim, talk to an attorney with Fusco, Brandenstein & Rada, P.C. today.

Let Us Fight for You

If you’ve been injured or diagnosed with a major medical condition, you don’t want to spend your free time filing lengthy benefit claims. You want to focus on your health. Getting an experienced New York disability lawyer on your side early in the process is the best way to go after the benefits that you deserve.

At Fusco, Brandenstein & Rada, P.C., we want to fight for you. Contact us online or or call us at 516-496-0400 today for a free consultation and learn more about how we may be able to help you recover the disability benefits you need.