Short Term Disability in Pennsylvania: There Is No State Program
Pennsylvania has no statutory short term disability, so whatever you have came from an employer or a policy you bought.
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Pennsylvania does not operate a state short term disability program, unlike some neighboring states. Whatever coverage you have comes from an employer plan or a policy you purchased, and that document, rather than any statute, sets the definition of disability, the waiting period and the appeal deadline.
Read the policy, because it is the law of your claim
With no state scheme, everything turns on the document. The four provisions that decide most claims:
- The definition of disability. Usually inability to perform your own occupation, which is a lower bar than long term policies apply after two years.
- The elimination period. A waiting period, commonly one to two weeks, before benefits begin.
- The benefit percentage and maximum duration, often around 60 percent of salary for a period measured in weeks or months.
- Pre-existing condition exclusions, applying to anything treated during a lookback window before coverage started.
Whether ERISA applies
If the plan came through your employer, ERISA probably governs it, which brings the appeal deadline and the closed record. If you bought the policy yourself, ordinary contract principles usually apply instead and you may have more freedom about evidence and remedies.
This distinction is worth establishing at the outset because it changes strategy entirely.
Why these get denied
- Insufficient medical documentation, frequently because the treating physician submitted a brief note rather than functional detail.
- Pre-existing condition, applied to a symptom you mentioned to a doctor months before coverage began.
- Late notice under the policy’s own reporting requirements.
- Returned to work too soon, or an attempt to work being read as capacity.
- Missing the attending physician statement deadline, which is more often an administrative failure than a medical one.
The transition to long term
The point where short term ends and long term begins is where claims are most often lost. They are frequently different policies with different definitions and different administrators, and the long term claim may need to be applied for separately and in advance.
Diary the end date of your short term benefit and start the long term application well before it. People who wait until the short term payments stop have usually created a gap they cannot close.
Coordination with other benefits
Short term disability commonly offsets against sick pay, workers compensation and sometimes other benefits. Receiving one may reduce another, and where a work injury is involved the interaction needs looking at rather than assuming.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
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Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
Read Anthony’s background -
Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
Does Pennsylvania have state short term disability?
No. Unlike some neighboring states Pennsylvania has no statutory short term disability program, so whatever coverage you have comes from an employer plan or a policy you bought. That document sets the definition, the waiting period and the appeal deadline rather than any statute.
What decides whether I am covered?
The policy's own definition of disability, usually inability to perform your own occupation, along with the elimination period before benefits start, the benefit percentage and maximum duration, and any pre-existing condition exclusion applying to a lookback window before coverage began.
Does ERISA apply to short term disability?
If the plan came through your employer, usually yes, which brings the appeal deadline and the closed administrative record. A policy you bought yourself is generally governed by ordinary contract principles instead, which can give you more freedom about evidence and remedies.
Why do short term claims get denied?
Most often insufficient medical documentation, frequently because the treating physician sent a brief note rather than functional detail. Also pre-existing condition exclusions, late notice under the policy, and missed attending physician statement deadlines, which are administrative rather than medical failures.
What happens when short term runs out?
That transition is where claims are most commonly lost. Short and long term are frequently different policies with different definitions and administrators, and the long term claim often has to be applied for separately and in advance. Diary the end date and start early.
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