Understanding Short-Term Vs. Long-Term Disability
Whether you’re hurt on or off the job, suffering from an injury or illness can be life-altering. The financial strain of being unable to work is challenging, and it can be difficult to determine which disability benefits may be available to you. If you’re unsure about whether your condition qualifies for short-term vs. long-term disability, our attorneys at Nappa, Monterosso & Poznansky can help. For more than 30 years, we’ve served injured workers throughout the greater New York City area. We help you understand your rights and options and take the weight off your shoulders throughout the disability claims process.
What Are Disability Benefits?
Disability insurance provides financial support for those who are unable to work due to a qualifying medical condition. Although employers often provide short-term and long-term disability coverage, workers may also purchase private policies. These benefits are designed to provide a percentage of your income while you are unable to work.
Short-Term Disability (STD) offers temporary financial assistance for medical conditions expected to improve within a short period of time.
Long-Term Disability (LTD) provides extended financial assistance for chronic or permanent conditions that hinder a person’s ability to work.
Social Security Disability Insurance (SSDI) is a federal program that provides long-term benefits to those who are unable to work due to an injury, illness, or impairment. All types of disability insurance require applicants to meet specific eligibility criteria and often involve a complex claims process.
New York requires most employers to provide disability benefits coverage to employees for an injury or illness that is not job-related. Disability benefits are different from workers' compensation, which covers injuries that occur on the job. Although it is possible to collect both, the relationship between disability benefits and workers' compensation can be complex. Our disability lawyers can evaluate your case and determine the most effective course of action to maximize your benefits.
Short-Term Disability Benefits
Short-term disability benefits are designed to provide temporary income replacement if you cannot work due to an injury, illness, or another medical condition not related to your employment. Generally, short-term disability is for conditions that persist for less than one year.
Qualifying for Short-Term Disability
To qualify for short-term disability benefits, your condition must be non-work related. Typically, you must be employed for at least four weeks and have coverage under an employer-sponsored plan or private policy. It’s vital to provide comprehensive medical documentation from a healthcare provider that confirms your disability and shows that the condition prevents you from working.
In New York, your short-term disability claim must be submitted within 30 days of becoming disabled, and there is a seven-day unpaid waiting period before benefits begin. In 2024, eligible workers in New York receive up to 50% of their average weekly wage, capped at $170 per week, for up to 26 weeks.
Common Conditions that Qualify for Short-Term Disability Benefits
Injuries and conditions that are temporarily disabling may qualify you for short-term disability. For example, if your leg was broken in a car accident, you may be entitled to collect short-term disability. Some other conditions that may qualify include:
- Other injuries from accidents or trauma, such as mild traumatic brain injury
- Non-elective surgical recovery
- Pregnancy and related conditions
- Childbirth and postpartum recovery
- Respiratory illnesses such as pneumonia and severe asthma attacks
- Infectious diseases like Covid-19 and mononucleosis
- Cardiovascular conditions, such as a mild heart attack and recovery
- Mental conditions such as PTSD, anxiety, panic attacks, and depression
- Flare-ups of chronic conditions like IBS, arthritis, multiple sclerosis, and seizures
- Non-work-related repetitive stress injuries
Long-Term Disability Benefits
Long-term disability insurance and Social Security Disability Insurance (SSDI) both provide financial support to those unable to work due to a disability.
Long-term disability benefits may be provided by a private or employer-sponsored insurance policy that replaces a percentage of your income if you’re unable to work due to an injury or illness. SSDI is administered by the Social Security Administration and is funded by payroll taxes.
In both cases, your condition must meet certain criteria such as the insurer’s or SSA’s definition of a disability. Both long-term disability and SSDI require extensive medical evidence of a disabling condition.
Qualifying for SSDI
To qualify for Social Security Disability, your condition must prevent you from performing any substantial gainful activity (SGA) for at least 12 months or result in death. In addition, you must have a sufficient number of SSDI work credits. Typically, benefits begin after a mandatory 5-month waiting period. SSDI payments are based on your average lifetime earnings and are usually less than private LTD benefits. If the disability persists and you meet the SSA’s criteria, you may collect SSDI benefits until you transition to Social Security retirement benefits.
Qualifying for Long-Term Disability
Long-term disability benefits often begin after short-term disability ends. Depending on the policy terms, it pays a certain percentage of your pre-disability income. LTD benefits can also continue until retirement, depending on the policy.
Long-term disability, SSDI, and workers’ compensation can impact each other, so it’s vital to seek the counsel of our experienced disability lawyers to maximize any benefits you may be entitled to receive.
Conditions that May Qualify for Long-Term Disability Benefits
The specific conditions generally include physical, mental, and chronic illnesses that significantly impair your ability to work. The SSA uses a list of qualifying conditions known as the Blue Book. Some common injuries, illnesses, and disabilities include:
- Musculoskeletal disorders, such as arthritis or spinal injuries Severe back pain, spinal injuries, arthritis, or joint disorders.
- Neurological disorders like Parkinson’s disease or MS
- Cardiovascular conditions, such as heart disease or congestive heart failure
- Cancer and cancer treatment
- Severe mental health disorders
- Chronic illnesses, such as lupus, rheumatoid arthritis, or chronic obstructive pulmonary disease (COPD)
- Diabetes
- Neurological and cognitive disorders, like neuropathy, TBI, or dementia
- Vision or hearing loss
Extensive medical documentation that details the severity and duration of your disability is vital to a successful LTD or SSDI claim.
How Our Long Island Disability Attorneys Can Help
Navigating the complexities of short-term vs. long-term disability can be overwhelming. Disability policies are often filled with legal jargon, and the SSDI application process can be confusing. Our disability attorneys can clarify the differences among each type of coverage, including the eligibility criteria, waiting periods, coverage duration, and payment amounts.
We thoroughly evaluate your case to determine whether your condition aligns with the policy’s or SSDI’s definition of a disability and ensure all required medical evidence and other documentation are collected and provided with your application. Having a disability attorney assist you with your application can help minimize the risk of denial and give you a better chance of a successful outcome. We can also identify ways to maximize your benefits so you can get the most out of the compensation that may be available to you.
Your attorney ensures your application is complete and compliant to minimize the risk of denial. If you need assistance with a claim denial, we can help you appeal. We empower you to make informed decisions and help you navigate the claims process every step of the way. Attorney and Partner Rolando Cubela proudly serves our Spanish-speaking clients.
Contact Our Disability Attorneys in the Greater NYC Area
As the largest workers’ compensation law firm on Long Island, Nappa, Monterosso & Poznansky, LLP, is dedicated to helping clients obtain the benefits they deserve. To learn more about SSDI and disability benefits in New York, call 718-273-9000 or contact us to schedule a consultation today.
