If you qualified for and receive long term disability benefits in NY from your employer, this can represent a significant source of financial relief during your absence from work. However, there are still certain events that can put your benefits in jeopardy.
Failure to Obtain Appropriate Medical Care
When you receive disability benefits, you are still under an obligation to continue treatment and rehabilitation. If you fail to do this, this can put your eligibility for continued benefits at risk.
Failure to Submit to Medical Evaluations
From time to time, your insurer may ask you to provide a certificate from your treating physician about your continued disability. You may also be asked to submit to an examination with an insurance company appointed doctor. Because the insurance policy grants the insurance company with the right to investigate your continued claim for disability benefits, if you fail to do either of these things, do not be surprised if you receive notification that your benefits may be cancelled.
Failure to Report Other Wages
If you earn wages or compensation outside of the benefits you receive or those outside your rehabilitation program, you are most often required to report these. Failure to do so can result in termination of benefits. Your disability attorney can more fully discuss with you how to report these wages and other reporting requirements.
Recovery from Disability
Your employer will likely require you to prove the continuation of your disability. This can be done through some of the methods described above such as a certificate from your doctor or submission to an independent evaluation. Your plan administrator and attorney can provide you with the specifics. However, if you have recovered from your disability and are able to work again, your long term disability benefits will likely cease.
What to Do If Benefits Are Cancelled
As soon as you receive notification that your benefits are in jeopardy, seek legal counsel. In many cases, if you rectify the deficiencies noted, you can stave off cancellation. Likewise, if benefits are cancelled and you are able to prove compliance, you may be eligible for reinstatement if requested on time.
If you have received notification that your long term disability benefits in NY are being cancelled, contact our experienced disability benefits attorneys who can discuss your best legal options. To schedule an appointment for an initial consultation, contact Riemer Hess at 212.297.0700.