If you’ve been denied long term disability (“LTD”) benefits and you are still unable to return to work, there are a number of options available to you, for instance:
1. Appeal. Read your denial letter, and determine the reasons for the denial. Often, more medical information is needed, and it can just be a simple remedy of providing more information. Based on the reasons for the denial, you should appeal if you are unable to return to work.
2. Request Accommodations. If you are unable to return to your job, speak with your doctor about the accommodations you may require in order to perform the duties of your job. Once you receive a note from your doctor, speak with your employer regarding the accommodations you need.
In the above scenarios, if you encounter any trouble in either appealing your LTD claim or your request for accommodations, then you should contact an employment lawyer today for assistance because there may be solutions to both your LTD issue and the not being able to return to work.
Sometimes when an employer is unable or unwilling to work with you while you are in need of an accommodation due to an illness or disability, you could be entitled to claim damages for constructive dismissal. A constructive dismissal occurs when a fundamental term of an employee’s job is unilaterally changed by the employer. In the case of an employer who is unwilling to accommodate your illness or disability, this may result in the failure of their duty to accommodate you and could result in a constructive dismissal.
If you have been denied LTD benefits, but you and your doctor believe your LTD provider made a mistake, you could potentially claim for the wrongful denial of your claim. Your obligations during this process include regularly attending medical appointments in order to try to recover from your disability.
If you have been denied LTD benefits or are having difficulty receiving an accommodation from your employer, contact an employment lawyer right away to determine your options.