New York Injury Talk Blog

Most people who file for New York LTD benefits often wonder how long they will last. If it is determined that you have recovered from your disability, you will no longer receive benefits. If a person becomes disabled before the age of 60, long-term disability benefits may be received until a person reaches Normal Retirement Age as it is identified by the Social Security Act. If a person becomes disabled after the age of 60, disability benefits may be received for a timeframe ranging from one to five years, based on the age when the person became disabled.

A totally disabled person receives LTD benefits of 66 2/3 percent of Basic Earnings paid on a monthly basis. However, claimants (individuals who file for LTD benefits) who receive coverage under MetLife will remain at 50% of pre-disability basic monthly earnings. A partially disabled person receives LTD benefits equal to the percent of pre-disability Basic Earnings lost multiplied by the benefit which would have been payable if the member were totally disabled. However, if the partially disabled person’s earnings are lower than 20 percent of pre-disability earnings, LTD benefits will be paid as if the member was totally disabled.

A person is permitted to receive LTD benefits while they take on rehabilitative work since they will be considered partially disabled and eligible for benefits under this provision. In addition, if a person is receiving income benefits from other sources including Social Security, Workers’ Compensation, or a pension plan for the same period or for the same disability, their LTD Monthly Income Benefit will vary from the set standards outlined above. The maximum LTD benefit provided under this program is $5,000 a month and the minimum benefit is $150.

If you have any questions regarding the filing, denial, validity, or duration of your LTD benefits, a NY long-term disability attorney at Wingate, Russotti & Shapiro, LLP is ready to assist you. We will make sure that you get the coverage you deserve. Call 212-222-4336 today.

A lot of New Yorkers may be wondering if they qualify for receiving long-term disability (LTD) benefits. Eligibility begins with how your disability is defined on a medical and legal basis.

When determining whether a person is totally or partially disabled in New York, a medical professional will take many factors into consideration. An individual is regarded as partially disabled if they are incapable of performing the material and important tasks of their occupation on a full-time basis because of sickness or accidental bodily injury, but can work on their own occupation on a part-time basis or at a different occupation on either a full- or part-time basis.

An individual is regarded as totally disabled if they are incapable of performing the standard and vital duties of their occupation because of sickness or accidental bodily injury. After receiving benefits for 24 months (2 years), a person is considered totally disabled if they are incapable of performing the duties of any occupation for which they are reasonably fitted by education, training, or experience.

Unfortunately, a person may be denied long-term disability benefits even when they have been diagnosed with a disability and are significantly struggling financially. To ensure that you receive the LTD benefits in New York that you deserve, get in touch with the New York LTD attorneys at Wingate, Russotti & Shapiro, LLP. We will protect your rights and help you obtain the benefits you need to support yourself and your family as you continue to cope with and recover from your disability.

Visit our blog again to find out more about LTD benefits in part three as we discuss LTD benefit duration and amount.

In our three part blog series about long term disability (LTD) benefits in New York, we will be discussing what LTD is, LTD eligibility, as well as LTD duration and amount.

Managing and coping with a disability has its ups and downs. There are significant physical, emotional, and financial challenges presented by a disability, especially if a person becomes disabled due to a work-related injury or illness and is unable to perform duties and tasks that were almost second-nature prior to the incident that caused the disability. Long-Term Disability (LTD) Insurance in New York protects qualifying active employees against losing income because of a total or partial disability.

A person is eligible to receive LTD benefits in New York if they receive regular care from a doctor who has established that they are disabled. However, under some circumstances, New York long-term disability disputes may arise if a person is denied LTD by their insurance carrier. It is an unfortunate reality that insurance companies often deny rightful LTD benefit claims to further enhance their own profits.

A New Yorker who is in fact disabled and lawfully deserving of coverage may still be denied long-term disability benefits for various reasons. If this has happened to you or someone you care about and you feel that oversight or wrongful actions are behind the denial, the New York long-term disability benefits lawyers at Wingate, Russotti & Shapiro, LLP can help. Call 212-222-4336 for a free consultation and to learn more about your legal rights.

Check back with our blog to learn more about LTD benefits in part two as we address LTD eligibility.