Today, many individuals purchase private insurance plans that pay benefits in the event of disability. A large number of workers are also covered by disability plans maintained by their employers.  

All employee plans must conform to the requirements of the federal Employees Retirement Income Security Act, which includes provisions allowing individuals whose disability claims are initially denied to appeal those determinations. Our office regularly handles such appeals.

The rules for determining whether an individual is disabled vary from plan to plan. Some plans use a standard similar to that employed by Social Security.   They require proof that a claimant is unable to perform essentially any kind of work before benefits will be awarded. Other plans only require proof that a claimant is not able to perform the duties of his or her former job.   However, many of these less stringent plans pay benefits for only a defined period of time. After that, there must be proof of total disability for benefits to continue.

Individuals who contemplate filing claims under long-term disability insurance plans should be familiar with the standard of disability that applies, as well as the rules that govern the filing of such claims. Those with questions about their rights and duties under such plans should confer with a knowledgeable attorney at the earliest possible time.