McDermott Law remains open for business so that we may continue to serve our current and new clients. However, we have temporarily closed our physical office. All employees are telecommuting and still available as needed by phone and email. If your call is not answered, please leave a message for the appropriate individual and your call will be returned. We will have at least one employee in the office each day to process the mail and all deliveries. Stay safe in these interesting times.

Call Today For A Free Consultation

Disability Insurance Benefits And ERISA Attorneys

Doing What’s Right For Greater Colorado
McDermott Law, Attorney

Disability Insurance Benefits And ERISA Attorneys

Doing What’s Right For Greater Colorado

How Can I Figure Out the Date of Disability for My Long-Term Disability (LTD) Claim?

| Dec 27, 2017 | Firm News, Long-Term Disability and Combine Benefits with Claims

When it comes time to file a claim against a long-term disability (LTD) policy, figuring out the date of disability will be pivotal to determining if the claim will be approved or when it becomes payable.

Although this date may be relatively clear or definitive in some cases – like when the impairment results from a specific event, accident or incident, in other cases, the date of disability can be far less obvious.

In fact, when chronic impairments develop over time rather than as a result of an accident, the date of disability can be more challenging to determine. Some examples of these types of impairments can include back conditions, migraines, multiple sclerosis and Parkinson’s disease.

Shedding more light on this issue, below are some questions to ask (and answer) when it’s time to determine the date of disability for an LTD claim.

Determining the Date of Disability for LTD Claims & Benefits

  • When did the condition start to impact your ability to perform your job? – In other words, when did you start to notice that you could no longer carry out the functions of your job due to the impairment? Did you make a request to change your job duties to accommodate your disability? These dates can be central to dialing into the timeframe during which the disability arose and affected your ability to work.
    • NOTE: If you stopped carrying out certain job functions due to your impairment – even if you didn’t specifically ask your employer to alter your duties, this can still be an important factor in determining the date of disability.
  • How specifically have your job activities or duties changed over time? – And when were you no longer to carry out the major functions of your job because of the impairment? When the primary job functions were impacted, altered or stopped can be crucial to pinpointing the date on which coverage was triggered.
    • NOTE: Timesheets and other records can be integral to documenting this timeline, especially when the transition in activity levels happened over the course of weeks or months.

Determining the Date of Disability for LTD Claims: More Important Information

  • Medical records are also important when determining the date of disability – These records can reveal the progress of your condition, as well as when medical professionals recommended changes in your activity levels (including for your job-related duties).
  • You can’t necessarily rely on insurance companies to properly determine the date of disability – This is largely because insurance companies will be looking to minimize the payouts they make. And that can mean that they push for more recent dates, they challenge your claims, they overlook for misinterpret certain evidence, and so on. To protect your interests and ensure that the right date of disability is determined, it’s best to work with an experienced lawyer – like Denver Disability Lawyer Shawn E. McDermott.

Don’t Guess the Date of Disability: Contact Denver Disability Lawyer Shawn E. McDermott for Answers

If you need help figuring out the date of disability for an LTD claim – of if you want to position your LTD claim or appeal for success, it’s time to contact Denver Disability Lawyer Shawn E. McDermott. Shawn McDermott is ready to help you protect your rights and interests when dealing with insurers so you can secure the full amount of LTD benefits to which you are entitled.

To learn more about how McDermott Law, LLC can help you, set up a complimentary consult with our office today by calling (303) 964-1800 or by emailing us using the contact form on this screen.

From our offices in Denver, we provide the highest quality legal services to disabled people throughout the state of Colorado, the surrounding states and nationwide.