Can I get short term disability even after I'm denied?

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Question:

Can I get short term disability even after I'm denied?

Answer:

If you're denied for a short term disability claim, it may still be possible to receive benefits. The first thing you should note, however, is that the Social Security Administration does not offer any benefits for short term disability. This means if you want to get benefits, they will have to come from a private short term disability insurer.

If you have such insurance and they've denied your claim, rest assured that you still have options. Applications can be complex and it's common for those submitting them to leave out required information or make other mistakes that lead to a denial. Once you receive your denial, you're going to have to appeal the decision. Many applications are denied on their first submission for short term insurance, so most insurers have an internal appeals process.

  • The letter you receive from your insurer stating that you've been denied should provide you with a reason for the denial. 
  • In some cases, this will be relatively straightforward (a missing document, for example). 
  • In other situations things may be more complex - perhaps the insurer does not believe you have adequately drawn a connection and proved that you are actually disabled. 
  • In these cases, a lawyer will be vital in helping you gather the required information and prove your case to the satisfaction of administration.

Filing an appeal is a matter of following the appeals process with your insurer. Directions for this should be located on your denial letter. As soon as you receive this letter, your next step should be to speak to a lawyer and immediately begin the process of gathering any missing information and preparing your application for re-evaluation.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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