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Long-Term Disability Frequently Asked Questions - The Martin Law Group, LLC - Alabama

If your long-term disability claim has been denied, delayed, or terminated, you're likely dealing with confusing policy language and a frustrating process.

You don't have to figure this out on your own. Click Here to Schedule your FREE Consultation or use the form at the bottom of this page to get clear answers about your case.

What is long-term disability insurance?

Long-term disability (LTD) insurance provides income replacement if you're unable to work due to illness or injury.

Most LTD policies are provided through your employer and are governed by ERISA, which means:

  • Strict rules apply
  • Deadlines matter
  • Appeals must be handled carefully

What qualifies as a long-term disability?

It depends on how your policy defines “disability.”

Most policies use one of two standards:

  • Own Occupation: You can't perform your specific job
  • Any Occupation: You can't perform any job you're reasonably qualified for

Insurance companies often shift from “own occupation” to “any occupation” after a period of time.

Why was my long-term disability claim denied?

Common reasons include:

  • Lack of “objective” medical evidence
  • Disagreement with your doctor's opinion
  • Claims you can still perform your job
  • Surveillance or activity reviews
  • Missing or incomplete documentation

Many valid claims are denied as part of the process.

What should I do if my long-term disability claim is denied?

If your claim is denied:

  1. Review the denial letter carefully
  2. Do not rush into an appeal
  3. Gather detailed medical evidence
  4. Build a strong, structured appeal

In ERISA cases, your appeal is often your only chance to submit evidence.

How long do I have to appeal a denial?

Most long-term disability claims allow 180 days to file an appeal.

Missing this deadline can permanently end your claim.

What evidence is needed for a strong long-term disability claim?

Strong claims typically include:

  • Detailed medical records
  • Physician statements outlining restrictions
  • Functional capacity evaluations
  • Evidence showing inability to perform job duties

Vague or incomplete documentation is one of the most common reasons for denial.

Can the insurance company send me to an Independent Medical Exam (IME)?

Yes.

Insurance companies may require an Independent Medical Examination (IME) or a file review by their own doctors.

These evaluations are often used to challenge your claim.

Can the insurance company surveil me?

Yes.

Insurance companies may:

  • Monitor your social media
  • Conduct video surveillance
  • Review your daily activities

They look for any activity they can use to argue you are not disabled.

What happens if my benefits are terminated?

If your benefits are cut off:

  • You still have the right to appeal
  • You must act quickly
  • You'll need strong supporting evidence

Termination cases can be more complex than initial denials.

Can I work while receiving long-term disability benefits?

It depends on your policy.

Some policies allow limited or part-time work, while others restrict any work activity.

Returning to work without understanding your policy can risk your benefits.

How long do long-term disability benefits last?

It depends on your policy and condition.

Benefits may last:

  • A set number of years
  • Until age 65
  • Or based on specific medical limitations

Some conditions have shorter benefit periods.

What is an “any occupation” review?

After a period of time, many policies shift to an “any occupation” standard, meaning:

You must prove you cannot perform any job you are reasonably qualified for based on education, training, and experience.

This is a common point where benefits are denied or terminated.

Will my case go to court?

Not always.

Many cases are resolved during the appeal process or through settlement. If litigation is necessary, LTD cases governed by ERISA are typically handled in federal court.

How much does it cost to get help with a long-term disability claim?

Many long-term disability cases are handled on a contingency basis, meaning:

  • No upfront legal fees
  • Payment is based on recovery

Your Next Step

Long-term disability claims are not simple paperwork issues.

They involve complex legal rules, strict deadlines, and insurance companies actively working to limit payouts.

Getting the right guidance early can make a significant difference in the outcome of your case.

You don't have to figure this out on your own. Click Here to Schedule your FREE Consultation or use the form at the bottom of this page to get clear answers about your case.

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Office Locations

Tuscaloosa Office
2117 Jack Warner Pkwy STE 1
Tuscaloosa, AL 35401
(205) 343-1771

Birmingham Office
300 Vestavia Pkwy, Suite #2300
Birmingham, AL 35216
(205) 286-5576

Huntsville Office
116 Jefferson Street N., Suite 209
Huntsville, AL 35801
(800) 284-9309

Mobile Office
165 W. I-65 Service Rd.
Mobile, AL 36608
(251) 206-0024


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