What Happens When An Employee Goes On Long-Term Disability?

If you struggle with a disability that has rendered you unable to work for a significant length of time, you may qualify for (or already be receiving) long-term disability benefits. For many people, long-term disability benefits can be an important safety net and source of financial stability when they are unable to work and earn an income as they otherwise normally would. However, there are also often questions regarding what happens when an employee goes on long-term disability.

Will your employer hold your job for you? How soon will payments start? When will payments end? What happens if you’re able to return to work? All of these questions are normal and understandable – especially because the law can often seem complicated.

A Look at Long-Term Disability Through Private Insurance

If an employee is on long-term disability through a private insurer, the specific details of that employee’s long-term disability leave will largely depend upon the terms of the insurance policy itself, the policies of the employer, and the terms of the employment contract between the employer and the employee.

Typically, to be approved for long-term disability, an employee will need to provide medical records supporting their disability claim, including their condition and its impact on the employee’s ability to work. The amount of benefits and how soon they start will depend on various factors, including the employee’s earning history, the limits of the policy, and the severity of the condition itself.

Typically, benefits will continue for the length of time agreed upon under the policy or until the employee is able to return to work. In order to receive benefits, an employee will typically be required to undergo occasional medical reviews to confirm that the condition continues.

Often, employees also want to know if their job is guaranteed to be held open while they are out on long-term disability. While that’s an understandable question, unfortunately, as with so many legal questions, the answer is “it depends.”

Under some contracts, an employer may be able to end the employee’s employment after they have been out on disability to leave for a certain length of time or if it becomes clear that the employee will be unable to return to work for the foreseeable future. Before being able to do so, however, an employer would generally need to attempt to make reasonable accommodations for the employees under the Americans with Disabilities Act.

What About Social Security Benefits?

In addition to long-term disability benefits provided through private insurers, some individuals also choose to seek benefits from the Social Security Administration. Typically, the Social Security Administration provides two types of benefits.

Social Security Disability Insurance (SSDI) benefits are benefits the Social Security Administration offers to individuals with a qualifying medical disability that has rendered them disabled for one continuous calendar year or more. In addition, the individual must be “insured.” This means that the individual has worked a qualifying job for a sufficient length of time and regularly paid a portion of their salary to the Social Security Administration.

Supplemental Security Income (SSI) benefits are similar to SSDI benefits and are provided to individuals who have a qualifying medical disability that has rendered them disabled for one continuous year or more. Unlike SSDI benefits, however, those who have applied for SSI benefits need not be insured. They do, however, need to have income and resources below a certain threshold established by the Social Security Administration.

As noted, in order to receive either of these benefits, an applicant must have been unable to work for at least one continuous calendar year or more. Generally, an employer is not “required” to hold open a position for an employee if it appears that they cannot work for the foreseeable future and no reasonable accommodations can be made. If an employee later believes that they can return to work, the Social Security Administration may offer various incentives and assistance to help them do so.

Ultimately, if you believe that you have a disability that will render you unable to work for the foreseeable future, your first step should be to call an attorney who knows and understands the law. You won’t want to overlook the opportunity to assert your rights fully, and you need a legal team on your side who will give you the guidance and direction you need as you pursue the benefits you need and deserve. At Keener Law, we’re here for you.

Keener Law – Here For You

At Keener Law, we know that being disabled can be difficult in many ways. While we can’t eliminate all of those difficulties, what we can do is help relieve the stress associated with complicated legal matters. We know and understand every aspect of the law pertaining to disability benefits, and we’ll always pursue the best legal strategies on your behalf. You deserve nothing less. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.