An illness or injury can result in a disability that prevents you from working. It can be very frustrating and frightening to know that you will not be able to earn an income to support your family and yourself. In New York, most employers are required to carry short-term disability policies that cover their employees. However, your employer may also carry a long-term disability policy that can provide benefits after the short-term benefits expire.
Enlisting the assistance of a New York disability insurance claims attorneys can help you navigate the system and assist you in enforcing your rights.
There are several important things that you should know about long-term disability benefits in New York.
- Off the Job Injuries — If you are injured or suffer an illness not related to your employment, you may be entitled to receive disability benefits from the NY State Insurance Fund.
- Pregnancy May Be Covered — In some cases, disabilities arising from pregnancy may be covered. Our New York disability attorney can review your case to determine if you may be eligible for disability benefits.
- You Must Be Working — To qualify for benefits, you must be working at the time of your disability, you must be an eligible employee, and your employer must be required by law to provide disability benefits coverage for off the job disabilities. Our attorneys can help you determine if you are eligible for benefits during a free case review.
- You Begin By Applying for Short-Term Benefits — Short-term disability benefits are temporary cash payments for eligible wage earners who are unable to return to work because of a disability. The benefits are limited to 26 weeks during a 52-week period. The amount is based on 50 percent of your average gross wages during the eight weeks prior to the disability with a maximum benefit of $170 per week. There is a seven-day unpaid waiting period before benefits may begin.
- Long-Term Disability Begins After Short-Term Benefits Expire — If you are unable to return to work after your short-term benefits expire, you may be eligible to receive long-term benefits. You must apply for long-term benefits and qualify based on the nature of your illness or injury.
- Your Benefit is Based on Your Income — In many cases, the benefit amount is calculated based on 66 2/3 percent of your basic earnings. However, long-term disability policies can differ; therefore, you need to examine your policy to determine how your benefit amount is calculated.
- Your Policy May Define Disability Differently from Other Policies — In addition to different benefit amounts, some policies define “disability” differently from other policies. If you have been denied disability benefits, you need to contact our New York disability attorney to review your long-term disability plan to determine if the denial was unjustified.
- You May Be Entitled to Long Term Disability Benefits Until You Retire — Under the terms of your policy, you may be entitled to receive long-term disability benefits until you reach the normal retirement age as determined by the Social Security Act.
- Your Policy May Cover Survivor Benefits — Your spouse nor your dependents are entitled to disability benefits while you are living. However, if you receive disability benefits for six or more months, your surviving spouse or dependent children may receive a Survivor Benefit.
- Partial Disability May Be Covered — If you are partially disabled, you may be eligible to receive a reduced benefit under the terms of your long-term disability plan. The definition of partially disabled may differ between plans.
Applying for long-term disability benefits in New York can be complicated. Our experienced NY disability lawyer can help you file your disability claim and dispute unjust denials so that you can receive the benefits you need to support yourself and your family. Contact us today to arrange a free consultation.