{"id":4916,"date":"2024-04-09T09:00:07","date_gmt":"2024-04-09T09:00:07","guid":{"rendered":"https:\/\/www.pondlehocky.com\/?post_type=practice-area&p=4916"},"modified":"2024-07-29T19:43:32","modified_gmt":"2024-07-29T19:43:32","slug":"incapacidad-a-corto-y-largo-plazo","status":"publish","type":"practice-area","link":"https:\/\/www.pondlehocky.com\/es\/areas-de-practica\/incapacidad-a-corto-y-largo-plazo\/","title":{"rendered":"Incapacidad a corto y largo plazo"},"content":{"rendered":"
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Purchasing short-term and long-term disability insurance policies is a smart decision that protects employees from wage loss in the event of a medical condition that impedes their ability to work. These policies are sometimes offered by employers but can also be purchased privately.<\/p>\n

Short-term and long-term disability insurance policies are either paid via a payroll deduction or directly by premium payments and allow the policyholder to continue receiving a portion of their salary while they are disabled.<\/p>\n <\/section>\n\n

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<\/span>Employer or Private Insurance<\/span><\/h2>\n

Employer-provided policies may be governed by the federal Employee Retirement Income Security Act (ERISA), which has strict and complex rules for how and when to file a claim or appeal the denial of one. Privately purchased policies are not subject to ERISA; they are administered in accordance with the contractual terms of the policy.<\/p>\n

Like Social Security Disability claims, the applicant must prove they are medically unable to perform their job, but the standard for doing so is typically easier to meet for short-term and long-term disability insurance. The claimant need only prove they cannot perform their regular occupation and age is not a factor. The Social Security Administration, by contrast, holds younger applicants to a stricter standard than older individuals.<\/p>\n <\/section>\n\n

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<\/span>Timing<\/span><\/h2>\n

Policies differ, but most require a six-month waiting period before long-term disability payments commence, and most provide payments until the claimant reaches the age of 65.<\/p>\n

However, at any point until that time, the insurance company is permitted to request a review of the claim to evaluate whether the disability has changed or lessened in severity. If their medical experts determine that is the case, they will immediately deny the claim and discontinue payments \u2014 unless the claimant successfully sues to overturn that determination.<\/p>\n

The definition of \u201cdisabled\u201d will be established in the insurance policy, but generally policies define it as being unable to perform a regular occupation.<\/p>\n

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<\/span>Denied Claims<\/span><\/h2>\n

Claims administrators may be employed by the insurance company and many deny first time claims even if they are justified. Reasons given for denying a claim include (but are not limited to):<\/strong><\/p>\n