Our office devotes a substantial effort to representing people who cannot work because of severe and chronic health conditions — including Social Security Administration, employer-provided Short Term Disability (STD) and Long Term Disability (LTD) benefits, Railroad Retirement Board, union disability benefits, and private disability policies.

When conducting the initial client conference we explore whether the client may be entitled to apply for benefits under more than one program. It is common for the client to be unaware of additional potential benefits claims– usually with the employer. For example, many people believe that if they have been terminated or quit a job because of health, they cannot later apply for Short Term Disability or Long Term Disability benefits. Frequently, we can help secure additional benefits from additional sources.

If possible, before you leave a job because of health conditions, try to secure a copy of the company benefit book or look online if you have access before a job termination.

Additionally, just because someone in your employer’s Human Resource department tells you that no disability benefits are available does not mean that the HR person is correct. Unfortunately, we see many situations where the worker received bad information from HR.

Most people want to work — income is critical, and they want to be engaged in productive and rewarding activities. When people have health problems that result in a loss of employment they are hopeful of better health with medical treatment or find a less physically or stressful job.

Often when we are contacted by a person inquiring about securing disability benefits they have been unemployed for months or years. Most people do not want to admit their health condition is so severe that they will never again hold a job.

Delays in seeking disability benefits sometimes result in a loss of benefits because the client has waited too long. 

It is prudent to at least ask an experienced disability attorney after a short period of unemployment because of health problems about the possibility of filing a disability application — even as you are trying to fix your health problems and return to work. Guidance on considering applying now, delaying an application until there is more medical treatment, or suggesting other actions can be to your benefit. 

We often urge people to seek certain types of medical treatment, Vocational Rehabilitation services, or other therapies instead of applying immediately. Of course, every fact situation is unique but waiting too long to inquire about disability benefits can result in a loss or a denial of disability benefits.