When you become disabled and file for long-term disability benefits, you may be wondering how long it will take you to start receiving benefits. Various factors can impact the length of time that it takes to start receiving benefits. As a result, how long it takes to get benefits can vary considerably from one policy to another.

First, the elimination period stated in your policy will impact the timeframe in which you begin to receive benefits. During the elimination period, you are not entitled to benefits and must remain continuously disabled to qualify for benefits when the period ends. A typical elimination period lasts about 90 days.

Every policy has different timelines and deadlines for the review of your application for LTD benefits. These timeframes vary according to whether you have an individually-purchased plan or one through your employer that is likely governed by ERISA. For instance, an ERISA-governed policy allows the insurance company 45 days to consider your claim. However, it also allows the insurance company two additional 30-day periods beyond the initial 45 days if needed.

If you receive an initial denial of your claim, you will experience an even longer wait for getting your long-term disability benefits. For example, for a policy that subject to ERISA, you have 180 days to appeal the denial of your claim. The insurance company then has 45 days, or up to 90 days in some cases, to reconsider your claim. Individual LTD disability policies may not require this administrative “appeal” or request for reconsideration. However, if the insurance company still denies the claim in either situation, the claimant then must file suit in court to challenge the denial. Litigating the denial of an LTD claim can add a lengthy amount of time to an already long wait.

We know that you are facing disability-related legal issues that can be crucial to your future. As a result, the attorneys at Bonnici Law Group have the skills and knowledge to advise you of all potential options. We know how vital this support can be to you when you are unable to work. As a result, we are here to represent your interests throughout any dealings that you must have with your insurance company. For legal advice about your claim, please contact Bonnici Law Group at 858-261-5454 or help@bonnicilawgroup.com.