How to Appeal the Decision to Stop Temporary Total Disability Benefits


Posted by: Chris

Injured workers who are temporarily unable to perform their job duties are entitled to temporary total disability benefits. These benefits are awarded to compensate injured workers for their lost wages. But, temporary total disability benefits will not last forever. If you believe your benefits were cut off prematurely, it’s important to know how to file an appeal and protect your rights.

When Will Temporary Total Disability Benefits End?

Your temporary total disability benefits will end once you have completed medical treatment. Injured workers can only receive temporary total disability benefits for up to 156 weeks. However, if an injured worker needs additional time to recover, an administrative law judge can extend these benefits for an additional 52 weeks. 

Failing to follow certain rules can also lead to the termination of your temporary total disability benefits. For example, the law states that your employer is allowed to cut off these benefits if you miss three consecutive doctor’s appointments. You could also lose the right to these benefits if you don’t follow your doctor’s orders or follow through with treatment. 

How to File An Appeal to Reinstate Temporary Total Disability Benefits 

Your employer must notify you or your attorney if they have decided to end your temporary total disability benefits. If your benefits are terminated prematurely, you have the right to appeal this decision. 

You must file an objection with the Workers’ Compensation Commission within 10 days from the termination of your temporary total disability benefits. You must be able to present a strong case to the Commission that clearly shows why your benefits should be reinstated. 

For example, let’s say your benefits ended because you failed to comply with the rules. In this case, you must present a valid excuse for missing multiple appointments or abandoning your medical treatment. 

If your benefits ended because you were released from medical treatment by your doctor, you will need to prove that you are in need of additional treatment to reinstate your benefits. The administrative law judge may order you to undergo an independent medical examination before they decide whether or not you are still entitled to temporary disability benefits. 

Has your employer terminated your temporary disability benefits? Fight back with the help of the experienced attorneys at Armstrong & Vaught, P.L.C. Let us take immediate action to object to your employer’s decision so we can get your benefits reinstated as quickly as possible. Call us now at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.