If you left your job or were let go due to a medical condition some time ago but never filed for short- or long-term disability benefits (S/LTD), the good news is that it might not be too late.
We regularly hear from people who assumed they missed their chance to file for disability insurance benefits that they had through their last employer. Maybe you thought you’d recover. Maybe you didn’t know you had S/LTD coverage. Maybe you’re only now applying for Social Security Disability Insurance (SSDI) and just realized you could’ve filed for private disability benefits too.
Even if it’s been a while since you stopped working, you may still have a viable disability claim. The process can be more complicated the longer you wait, and insurers may push back, but you could still be entitled to compensation.
Understanding Disability Insurance Filing Deadlines
Most S/LTD policies will include a deadline in the policy to give notice of your claim. This may indicate that you need to provide notice within 30 days, or one year at the latest. This can sound like a hard deadline and many people assume they’ve missed their opportunity forever if that date has come and gone.
However, in Wisconsin, claimants benefit from the notice-prejudice rule, a legal protection that prevents insurance companies from denying a claim just because it was filed late. Under this rule, the insurer must prove that the late filing caused actual harm to their ability to evaluate the claim fairly. (Many other states have similar laws as well, although the specifics may vary.)
This rule gives many people a chance to file a claim that otherwise would be barred by late filing. However, the claims representative reviewing these claims often are not well versed in these legal provisions and may still issue a quick denial or push back on an initial application in hopes that claimants will give up.
Challenges with Late-Filed Claims and the Importance of Legal Support
Late disability insurance claims can be difficult to win because of several factors:
- Missing documentation: Medical records from the time you stopped working may be incomplete, lost, or unclear.
- No doctor’s opinion on file: Physicians often don’t provide written disability statements unless prompted to do so at the time. Providers that were treating you at the time may have retired, moved out of state, or may not remember your condition during the relevant time period.
- Insurer skepticism: Companies may claim that your delay undermines the credibility or traceability of your condition.
These hurdles can be overcome, but doing so takes skill and strategic documentation. Working with an attorney is especially important in late-filed disability insurance cases. An experienced disability insurance lawyer can:
- Analyze your medical history to find and strengthen supportive evidence;
- Coordinate with your current healthcare providers to document retroactive disability or seek an opinion from prior providers where possible;
- Push back on early denials by invoking Wisconsin’s notice-prejudice rule; and
- Align your S/LTD and SSDI evidence to create a consistent and credible narrative.
These claims often require digging into old records, finding new opinions, and constructing a detailed picture of how your condition impacted your ability to work, even if that happened years ago.
Take Action While You Still Can
Although Wisconsin law protects against immediate denials for late filing, time is still your enemy. Medical records become harder to obtain, memories fade, and doctors retire or become less likely to complete paperwork regarding your prior condition. The sooner you act, the stronger your case will be.
Here is what you can do right now:
- Request a copy of your former employer’s S/LTD policy.
- Write down when and why you stopped working (be as specific as you can).
- Gather any medical records from that period.
- Talk to your medical providers, past and present, about your situation and see if they would be willing to complete paperwork regarding your claim.
- Talk to an experienced disability insurance attorney who can assess whether your claim is still viable.
If you’re wondering whether it’s too late to file for long-term disability benefits, don’t assume the answer is no. In Wisconsin, legal protections may still apply and you could be entitled to significant backpay.
You don’t have to navigate this alone. Contact our office to discuss your situation and explore your options.