Working With Great General Attorneys

Disability Claim Attorney: Filing While Furloughed

by Maurice Moore

If you're confronting a serious disability while you're furloughed from your job, the process of receiving care and resources can feel daunting. Fortunately, a disability lawyer can make sure the system and your employer provide the support you need.

Here are some steps to take when filing a disability claim while you're furloughed.

Filing Your Claim

Disability claims require applicants to answer questions about their employment status, monthly income, and health insurance. If you're furloughed, how you answer these questions can make the difference between receiving full benefits, partial benefits, or a rejection letter.

Disability claims often require paystubs to validate monthly income totals. If you're furloughed, however, your most recent pay stubs may not accurately reflect your current income earning potential. Your disability lawyer can help you prepare and attach an addendum with a disability application to explain why your most recent paystubs are not reflective of what you're currently earning. Failing to attach an addendum can result in partial benefits or rejection, based on income and/or contradictions within your application.

If your health insurance status changed when you were furloughed, you might not receive the health coverage you deserve. Your disability lawyer can help you file an application with Medicare or Medicaid to begin receiving health insurance while you're furloughed. In addition to filing for Federally subsidized health care coverage, your disability attorney can seek more benefits based on your health care needs.

In most cases, furloughed employees are entitled to workers' compensation benefits. Depending on the length of your furlough, your disability lawyer can also apply for extensions and enhancements of your benefits under the CARES Act of 2020. When filing for these extensions and/or enhancements, you will need to provide bank statements and your most recent W2 to substantiate your continued need for benefits. When filed correctly, you may be able to receive workers' compensation and disability benefits.

Fighting the System

If your healthcare provider, your employer, and/or the system don't provide the support you need, your lawyer can initiate litigation to resolve your situation. One of the advantages of working with a disability lawyer is that you have a team of professionals who understand the law and the system. If you receive a rejection letter from the system, your disability claim lawyer can quickly file an appeal for you. When appealing, they can make sure that all of your i's are dotted and t's crossed.