Are You Eligible to Make a Short Term Disability Claim?

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There are different types of disability insurance claims. The basic 2 are short term disability (STD) claim and long term disability (LTD) claim. The description short or long refers to the length of time the individual is unable to work. It also indicates the duration allotted the plan. An individual applying for an STD claim is asking for short-term financial support. The expectation is he or she will be returning to work after a set time recuperating from the problem. A LTD claim indicates the opposite.

The specifics governing the length and the requirements of the plan vary for each state. In California, STD recipients can remain on the plan for between 39 and 52 weeks while receiving up to 55% of their wages. In New York, the amount may be as high as 50% of your former wages with a 26-week maximum. While Rhode Island offers only 4.6% of your highest quarter earnings, this state does allow an increase of $10 per week for each dependent less than 18-years-of age for, at most, 5 children.

Do note that not all states require companies to have STD plans. Five American States and Puerto Rico fall into this category. The 5 states are California, New York, New Jersey, Rhode Island, New Jersey and Hawaii. Check state regulations and those of your specific company to see if you are eligible to make a short term disability claim before you consider the specific criterion.

Basic Requirements

Once you determine whether your company has an STD plan or you qualify through an individual policy, you need to ask yourself the following:

  • Have I worked at this company for a minimum of 12 months totalling 1,250 hours minimum during the year before?
  • During my stay has my employment been officially full-time?

Set Criterion

If you qualify according to the basic requirements then you must check to see if

  • Your disability conforms to the set definition of disability. It may, instead, fall under the jurisdiction of workman’s compensation
  • Is a short term problem. I must not last more than 1 year or 2.
  • If your illness or health issue be covered by sick leave. Some companies require you to use up your sick leave first before you can claim STD
  • You can you obtain a medical verification of the existence and extent of the medical issue

If you fulfill the above criterion and categories, you may be eligible to make a short term disability claim. If in doubt, talk to a qualified disability lawyer.

This article is provided for informational purposes only. If you need legal advice or representation,
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