Yes, you can use Long Term Disability (LTD) for maternity leave in some cases, but it depends on your specific policy. Most LTD plans don’t cover pregnancy itself, but they may cover complications from pregnancy or childbirth that prevent you from returning to work for an extended period.
Typically, Short Term Disability (STD) is used for maternity leave, covering a portion of your income during the first few weeks after giving birth. If complications prevent you from working longer than the STD coverage period, your LTD policy might kick in, but you’ll need to meet the policy’s criteria for disability.
A Houston long term disability lawyer can review your case and discuss your options.
Understanding Long Term Disability Benefits
Long Term Disability benefits provide financial support if you‘re unable to work for an extended period due to a serious illness or injury. These benefits typically replace a percentage of your income, usually around 50-70%, depending on your policy.
LTD coverage begins after a waiting period, often ranging from 90 to 180 days, and can last for several years or until retirement, depending on the plan. To qualify, you must meet your policy’s definition of disability, which can vary. Some policies cover only if you can’t work any job, while others cover if you can’t do your specific job.
For a free legal consultation, call 800-562-9830
Can You Use Long Term Disability for Maternity Leave?
Typically, LTD plans don’t cover normal maternity leave, as this is usually handled by STD plans, which cover the recovery period immediately after childbirth. However, you can use LTD if you experience serious medical complications related to pregnancy or childbirth that prevent you from working for an extended time.
If you had any of the following complications during pregnancy or childbirth, Long Term Disability may cover maternity leave:
- Severe preeclampsia
- Postpartum hemorrhage
- C-section complications
- Postpartum depression
- Postpartum anxiety
- Infections after childbirth
- Chronic pain after delivery
- Placenta previa
- Uterine rupture
- Pregnancy-induced hypertension
When examining your Long Term Disability policy, pay close attention to the definitions of disability outlined in the document. Some policies may require that you be unable to perform the duties of your own occupation.
In contrast, others may extend coverage to cases where you cannot perform any occupation for which you are reasonably suited based on your education, experience, and skills.
The Claim Handling Process
If you meet all the requirements outlined in your insurance policy, you may file a Long Term Disability claim for maternity leave. The steps you need to take next should be outlined in your policy. However, it’s never really easy. With so much at stake, it’s safer and easier to work with an experienced Long Term Disability attorney.
Notify the Insurer
Contact your insurance provider to inform them about your situation and request the necessary claim forms. Provide all required medical documentation, such as doctor’s notes, detailing any complications or conditions that prevent you from returning to work.
Failing to notify your insurance provider within the given time frame might lead to your claim being dismissed. Insurance companies can and will deny claims for delayed notices. They are businesses driven by profit, so they will use any missed deadlines or incomplete paperwork as reasons to reject your claim.
Prove Your Disability
This proof allows insurers to assess the legitimacy of your claim and determine your eligibility for benefits. Insurers typically require comprehensive documentation that outlines the nature and extent of your disability, as well as how it impacts your ability to work.
The following documents and evidence can prove your disability:
- Medical records
- Functional capacity evaluation
- Statements from healthcare providers
- Documentation of treatment
- Personal statements
Insurers often provide a claim form to assist you in documenting your situation. This form may include sections that you need to fill out detailing your personal information, employment history, and the specific circumstances surrounding your disability.
Your Lawyer Can Handle the Insurance Company
A Long Term Disability lawyer will help you navigate the process and deal with the insurance company. They can handle all communications with the insurance adjusters, making sure your claim is properly filed and supported with the necessary medical documentation.
Insurance companies may engage in deceptive practices to minimize or dismiss your claim. Experienced attorneys are familiar with the tactics used by insurance adjusters and know how to combat these.
Your lawyer can also ensure you meet deadlines and avoid common mistakes that could lead to a denial. If the insurance company tries to delay or deny your claim, your lawyer can advocate on your behalf.
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Call a Long Term Disability Lawyer Today
When filing a Long Term Disability claim for maternity leave, a lawyer can manage the entire process and deal with the insurance company on your behalf. At Marc Whitehead & Associates, we have dedicated our legal practice to handling exclusively disability claims. We have been helping people like you rebuild their lives since 1992.
Understanding maternity leave and the associated financial considerations can be overwhelming, and we are here to help. Call today to schedule a free consultation. Our team will review your case and identify your available options for getting the financial support you need during your leave.
Call or text 800-562-9830 or complete a Free Case Evaluation form