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short term disability

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djohn43

Junior Member
What is the name of your state? Arizona
I fell and fractured my wrist at. I do data entry and was denied my short term disability. I am now back at work. Now I have to go for surgery and will be off 6-8 wks and they refuse to pay my short term disability d/t it is for the same injury w/in 30days from my returning to work. Is this legal for them to do this. In my summary it states that this plan is not subject to ERISA and is not required to be summarized in a summary plan description. :mad:
 


mlane58

Senior Member
Did you injure yourself at work? If so, then they denied it because this is a workers comp issue and not a short term disability issue.
 

ALawyer

Senior Member
STD is usually provided by an employer; Long Term Disability may be employer provided (often on a contributory basis) but also may be privately purchased other than through an employer based plan, in which case it would not be an ERISA plan.

If you purchased the disability coverage yourself, and meet the definitions and waiting periods, you should be entitled to payment. A professional will have to read the documents to understand the situation and then can give you a definitive answer.
 

cbg

I'm a Northern Girl
6-8 weeks is almost certainly not long enough for LTD benefits to kick in. In 25 years of working with benefits, I've never seen an LTD policy that would apply for under 13 weeks, and many require that you be out for as long as 26.

I agree that if this happened at work, that is why the STD benefits were denied. Almost always, work-related injuries are ineligible for STD benefits; non-work-related injuries are ineligible for workers comp.

The claim should have been submitted to the workers comp carrier.
 

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