Skip to main content
Long-Term Disability FAQs

What is the elimination period in a Long-Term Disability policy?

Quick Answer
The elimination period is the waiting period between the onset of disability and the first day you are eligible to receive LTD benefits — typically 90 or 180 days. It functions like a deductible in time. Under ERISA plans governed by 29 U.S.C. §1132, 29 CFR 2560.503-1 claim procedures begin once you file, not when benefits start.
Call 866-205-2415 Available 24/7 Hablamos Español Free consultation

What you need to know

Before Long-Term Disability benefits begin, you must satisfy the policy’s elimination period — also called the waiting period or qualifying period. Most employer-sponsored plans set this at 90 or 180 days of continuous or cumulative disability. During this window, short-term disability or sick leave is usually what bridges income, so it is critical to coordinate your STD and LTD claims carefully.

Common mistakes during the elimination period include failing to document disability continuously, returning to work briefly and resetting the clock, or allowing a treating physician to record inconsistent functional capacity findings. Insurers treat the elimination period as the baseline for your medical record — what your doctors write during these months will anchor every subsequent review.

Under 29 CFR 2560.503-1, your plan must acknowledge your LTD claim within 15 days and issue a decision within 45 days (with one 30-day extension for good cause). These deadlines run from the date you file your LTD application, which you should submit before the elimination period ends — not after. Filing late is a common, avoidable error that delays benefits and can complicate the administrative record.

If your claim is denied during or immediately after the elimination period, you have 180 days under ERISA to appeal. Document your functional limitations thoroughly from day one. We work on contingency — no fee unless we win.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York Workers’ Compensation, SSDI, LTD, and Personal Injury cases for over three decades. He still attends Workers’ Compensation board hearings himself.

Last reviewed: May 14, 2026
Your Legal Team

The attorneys who work your case

Not a call centre. The lawyer who signs you is the lawyer who shows up.

  • Brian M. Mittman, Esq.

    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Brian
    • Admitted in New York
    • 30+ years in practice
    • Attends Board hearings personally

    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

    Full bio & credentials →

  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Randy
    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
    • Litigates before the Workers' Compensation Board

    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

    Full bio & credentials →

  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Benai
    • Admitted in New York, 2008
    • New York Law School, J.D. 2007
    • With The Disability Guys since 2013

    Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.

    Full bio & credentials →

  • Emily Grajales, Esq.

    Emily Grajales, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Emily
    • Admitted in New York, 2007
    • 20 years in practice
    • Fluent in Spanish

    Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.

    Full bio & credentials →

  • Lauren Jurgens, Esq.

    Lauren Jurgens, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Lauren
    • Admitted in New York, 2023
    • Albany Law School, J.D. 2022
    • Handles Third Department appeals

    Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.

    Full bio & credentials →

Talk to a real attorney today.

Free consultation. No fee unless we win. English or Spanish. Day or night.