Filing for Short Term Disability

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ANDREW’S ANSWERS: Disability Attorney Andrew November is here to give you ANSWERS! On today’s episode, Andrew covers this topic: Filing for Short Term Disability

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Andrew November:
Hi, you're watching Andrew's answers. And I'm Andrew November a disability attorney. And I'm here to talk to you about filing for short term disability benefits. If you're watching this video, I, I'm sorry to hear what's going on because this is not exactly an easy process, but it's good to know these steps before you file your claim. Now, if you have short term disability, chances are you got it through your employer. I see a lot more people with long-term disability that they got on their own, maybe through an insurance agent, but most people that have short-term disability, you're probably working for a company. The first thing you need to do is you need to report your leave to your employer. Typically that means talking to your HR department, you'll speak to HR and they will give you the steps of reporting that you're going to be on some type of leave.
Andrew November:
Now, the next step is probably gonna depend on your employer, but you're gonna have to report it to your employer's insurance company. If they're using an insurance company to administer the short term disability policy, some companies will administer, administer it on their own, but more often than not an insurance company is gonna be involved. And what can you expect there? Well, your employer might initiate the claim for you, but chances are they're gonna give you a website or a phone number for a very large insurance company to report the claim. Once you report the claim, you're probably gonna receive a stack of papers through your email or in the mail. What are you gonna receive? Probably three things. One is gonna be an application, and that's gonna look for some demographic information about you about what's going on with you. You'll also receive what's called an employer statement.
Andrew November:
That's a statement that you'll want to get completed by your employer. And the purpose of that is to get some information about your employment, your job, and even what you do at your job. Because if you've watched some of other other videos, you know, that the test for disability is being unable to do your job. So we need to know what is your job? And finally, and most importantly, you're probably going to receive a attending physician statement, or as we call it an APS, an APS is a form that must be filled out by your doctor. It's going to outline not only your diagnoses, but more importantly, your restrictions and your limitations. The goal is, is to prove to the insurance company that you have restrictions and limitations that prevent you from doing your own occupation. Think back about the employer statement, we talked about it kind of all makes sense, right?
Andrew November:
Okay. Have a conversation with your doctor before you start this process. You need a good doctor who's going to be able to fill out those forms because they're going to keep coming and you're going to need to get them completed and submitted back to your doctor. So before you talk to HR, have a conversation with your doctor, make sure your doctor supports your claim and that your doctor is willing to fill out these forms cuz without a treating physician, who's willing to step up to the plate and fill out your forms, you're gonna have an very difficult time and I'm sorry to say that, but as is one of the burdens that our office faces that are almost impossible to overcome when we have a doctor that's willing or not willing to play ball. So it's always important to make sure that your doctor is on your team and can assist with the process. If you're having issues with your doctor or with your employer or your insurance company, feel free to give us a call or send a message. We'd be glad to give you a consultation. Thank you.