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EXPERIENCED DISABILITY REPRESENTATION WITH A PERSONAL TOUCH

Getting Long-Term Disability Benefits for Depression or Bipolar Disorder

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A mental illness such as bipolar disorder or depression can cause severe symptoms that affect multiple aspects of your life. Although there is treatment for these conditions, you can struggle for some time before you can resume normal daily functioning. This can affect your work, performance of daily tasks, and interaction with others. If you consider taking a break from work so you can manage your symptoms from home, you can benefit from long-term disability benefits.

If you have a long-term disability insurance policy, whether from your employer or an individual plan, it can benefit you during the time you are unable to earn a living due to depression or bipolar disorder. Your insurance provider can pay you a particular percentage of your regular earnings monthly so you can seek treatment and cater to your necessities before resuming work. You can receive benefits for several months or years until you are well enough to engage in gainful work.

Depression and Bipolar Disorder as Long-term Disabilities

Depression occurs when you experience prolonged periods of isolation, sadness, and loss of interest in activities you previously enjoyed. You should seek medical attention when these feelings persist for a particular period. Once it escalates, you could experience severe physical symptoms like insomnia, fatigue, mood swings, and loss of appetite. Medical and non-medical interventions work very well to alleviate some of these symptoms, especially early into the condition.

A severe case of depression can affect how you work or perform daily tasks. You could experience difficulties responding to schedules (including simple ones), shifts, and sometimes corrections and constructive criticism. Your relationships at work can be affected. You could also experience challenges completing tasks that were easier to perform before. Other times, you could have difficulties arriving at work early or attending meetings. When the symptoms escalate, you could lose interest even in working, accumulating more absences.

Symptoms of bipolar disorder differ from depression in that you experience alternating episodes of mania (or hypomania) and depression. During manic or hypomanic phases, you may function at a high level, feel unusually energetic, and interact socially, but this can shift suddenly into depression. This can affect how you work and interact with people in your workplace. When your mood is okay, you can get up early, go to work, and remain hyperactive while the mood lasts.

Sometimes, the excitement gets too far to the point of making irrational decisions. When this happens, you could leave unfinished work for something more exciting, experience some periods of distraction, or act irrationally. Your performance at work can be affected, and hyperactivity or overexcitement can create conflicts in the workplace.

Thus, depression and bipolar disorder can be considered long-term disabilities when their symptoms affect how you perform in your job. If your condition can last for at least 12 months, you can pursue long-term disability benefits to pay for your needs before you can comfortably go back to work.

How Long Can You Receive Long-Term Disability Benefits?

If you experience severe depression or bipolar disorder symptoms, and they affect your performance at work, taking a break from work can be a good idea. It will allow you to seek treatment and focus on your recovery before engaging in gainful work. However, you should figure out the kind of policy you have with your long-term disability insurer. Then, you will know how long your needs will be covered as you recover from your mental illness.

It is a common practice for long-term disability insurance companies to limit how long you receive disability benefits for a mental disorder. In extreme cases, you could be on benefits for two years. This is more so for employer group plans and some individual policies. However, you can purchase a separate policy that does not limit the time you can receive benefits. However, this can cost more in terms of monthly premiums.

Some policies have an exemption for severe mental disorders, like dementia, schizophrenia, bipolar disorder, and organic brain disease. If you have such a policy, you can receive benefits for more than two years for the exempted conditions. Find out what your policy states so you can plan accordingly. This is also a reasonable consideration to make in the future when applying for long-term disability insurance. If there is an exemption for bipolar disorder in your policy, you could collect benefits for years, or until you retire. However, this also depends on whether you will recover from the mental disorder.

Most policies impose a two-year limitation on depression, based on the assumption that recovery and return to work are possible. In this case, you can seek treatment and improve before the two-year limitation elapses. Then, you will return to work or find another way to make a living.

If the mental condition causes another disabling condition, like chronic pain, and the condition is exempt from the limitation, you can receive disability benefits for many years, or for as long as you need them.

Your Chances of Receiving Long-Term Disability Benefits for Depression or Bipolar Disorder

Having a long-term disability insurance policy is not always a guarantee that you will receive benefits when you become ill and unable to work. Remember that your condition must qualify as a long-term disability. You must provide supporting documents that your condition is severe and can take several months or years to heal or improve. Insurance providers do not quickly pay benefits without obtaining compelling evidence that you deserve them. Thus, understanding how to improve your chances of receiving benefits is critical.

Your insurance provider expects to see a consistent treatment plan for the mental condition for which you need long-term disability benefits. You must first meet up with a mental healthcare professional, like a psychiatrist or psychologist, to determine your condition's diagnosis and severity. Your insurance provider wants to see a consistent treatment regimen from this professional to determine your eligibility for benefits. They can request your medical files for review and any other documentation related to this particular mental condition.

If you have visited any other healthcare facility or have been treated by another medical professional for symptoms related to depression or bipolar disorder, evidence of that can help your case. If you have solid proof of the mental condition and the fact that you are on treatment, your insurance provider can grant you the benefits you deserve.

Although your insurance provider will run a background check on your condition, you cannot count on it to provide the supporting documents you need to apply for long-term disability benefits. Your insurer can investigate your condition and treatment, and seek your doctor’s opinion about your functional limitations. However, you must provide the information and documents to establish your eligibility.  The company will also provide a questionnaire to collect background information about your condition and treatment. The questionnaire usually does not provide the information needed to grant you the benefits. Additional documents can give any other information to help your insurer make a favorable decision.

For example, the following additional information can increase your chances of receiving the benefits:

  • Proof that you had difficulties keeping time or going to work at all since the mental condition started. Your workplace time stamps can show how often you were late or absent.
  • A report from your employer can prove the difficulties you are experiencing in handling tasks that were easy to perform before the condition. For example, it can prove that you struggled to stay focused or concentrate long enough to complete your assignments.
  • A report from your employer or supervisor can also prove that you faced difficulties following simple details or complex instructions.
  • Information about complex interactions with your employer, supervisor, or colleague can also support your application.

Additionally, have your doctor provide your insurer with a letter detailing your condition, its progress, and how long you need to remain in treatment to get better or improve. They can also complete a functional capacity form with your insurer’s request to determine how much your condition has affected your ability to work. If your doctor has recommended that you take a break from work as part of your treatment, you should include it in your claim.

Long-term disability insurers rely mainly on medical reports and expert opinions to grant or deny claims. You can make a personal statement, or have your colleagues or friends make one, to strengthen your case.

If you qualify for long-term disability benefits, you will receive monthly payments according to your policy. Typically, LTD policies replace 50% to 70% of your income, and benefits may last several years or until retirement age, depending on the terms. Your policy should guide you in determining the monthly amount you should expect to receive.

Long-Term Disability Benefits and Social Security Benefits for Depression or Bipolar Disorder

Remember that not everyone who has a mental disorder qualifies for long-term disability benefits. You have to demonstrate that depression or bipolar disorder affects your ability to engage in gainful employment for at least 12 months. Your policy will also guide you in determining your eligibility for these benefits.

You may also qualify for Social Security Disability Insurance (SSDI) benefits if depression or bipolar disorder prevents you from working for at least 12 months. This can happen even after you have successfully applied for long-term disability benefits. If there is a possibility that you will be out of work for at least 12 months, you can apply for Social Security disability benefits as well. Your long-term disability insurer will also encourage you to seek Social Security benefits.

However, you cannot keep the full payments from both LTD and SSDI at the same time. Your insurance provider expects you to pay back any benefit you receive from Social Security because it is an overpayment. Your insurance policy may have a clause requiring you to pay your insurer the money you receive on top of the long-term disability benefits, including other disability benefits.

How a Disability Lawyer Can Help

A mental condition like depression or bipolar disorder requires immediate and adequate management so you can get better. This can be difficult to achieve while busy with work and other responsibilities. The condition will also affect your productivity at work, which could worsen as the condition progresses. If you are already experiencing difficulties at work because of a mental condition, and your doctor requires you to take a break from work, talk to a disability lawyer.

A competent lawyer will start by determining your eligibility for long-term disability benefits. If you have an insurance policy from your employer or a personal cover for a long-term disability, this can be the best time to apply for the benefits. This way, you will have money for your treatment and other necessities once you take a break from work. Your attorney will ensure you understand all the requirements and help you gather evidence and fill in the paperwork for the filing process.

An attorney will also advocate for you. Your insurance provider will look for loopholes in your application to avoid paying the benefits. Since your lawyer has your best interests at heart, they will do everything possible to improve your chances of success. They will gather evidence, obtain all the supporting documents from your workplace and the hospitals where you have been treated, and obtain witness statements. They can also interview a medical expert on your condition to testify in your favor.

Find an Experienced Disability Attorney Near Me

California Long-term disability benefits can help when you cannot work due to depression or bipolar disorder. You may need to take a break if the mental condition has affected your functional capacity. This break can be for a short or long period, depending on how severe your condition is. However, you must prove that your condition is a long-term disability so your insurance company can pay benefits when you are out of work. A competent disability attorney can help with the process.

At Leland Law, we understand how complex California legal processes regarding disability benefits are. We can help you navigate these processes successfully. We can also help you gather evidence, interview experts and witnesses, and complete the paperwork to apply for benefits successfully. We will also defend your rights, offer advice and support, and advocate for you until you receive the benefits you deserve. Call us at 866-449-6476 to start the process with us.

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