Buying disability insurance is a smart financial strategy. This kind of insurance offers coverage if you suffer from a short or long-term disability that prevents you from earning an income. Disability insurance coverage can be available through your employer. While this coverage is an important benefit, issues can arise when you are fired from work and your employer termites your policy. In such cases, you may still be eligible for benefits under the policy’s terms. However, getting disability after you are fired can be hard. A disability claims attorney can protect your rights and fight for the benefits you deserve. Click here for more information.
Understanding Long-Term Disability (LTD) Benefits
LTD benefits offer payments to people who cannot work because of a long-term disability. This payment can be up to 50% of your salary every month, depending on the policy’s terms. Before you can apply for these benefits there is a waiting or elimination period to observe, which is often six months. Once you apply for disability benefits, the insurer will examine your policy to know if the terms cover your disability. If the insurance company approves your application for benefits, you will get benefits for a certain period. Benefits may be available for 24 months or until your retirement.
Are You Eligible for LTD Benefits After Termination?
Even if you have been let go by your employer, you can still get benefits. Your eligibility will depend on the onset of your disability, not your application date. Thus, as long the policy covers you when your disability started, you may still be entitled to benefits. This makes it important to review your policy carefully to determine if your condition is considered a disability under its terms. Although every policy is unique, if your disability prevents you from working, your application for benefits may be approved.
Challenges in Seeking Long-Term Disability Benefits After Termination
While you may still successfully get LTD benefits after being fired, you may face serious challenges. It’s important to be informed about these hurdles, so you can better prepare yourself to file a claim. Below are the challenges you may face:
- Lack of coverage. When you bring a disability claim after termination, your insurance provider may argue that your coverage ends the day after you lost your work. They may say you are not eligible for benefits because of lack of coverage. If this is the stance that the insurance company takes, it may deny your claim without taking into account the medical merits. You can counteract this by showing that your disability started before your termination or loss of coverage. You may have to submit evidence that shows how it became harder for you to work. Your attorney can help you collect evidence such as a written doctor’s statement that explains your condition’s progression, witness statements, your latest poor work performance evaluation, and an affidavit from you that details how you managed to work one day and failed to do so the next.
- Claim credibility and legitimacy. Filing a disability claim after being fired from work may allow the insurance company to question the credibility and legitimacy of your claim. It may be argued that you do not have a disability and that you only want benefits due to a lack of income. This can happen if your disability results from a condition that objective testing cannot confirm such as anxiety, depression, or migraines. To avoid paying your disability claim, the insurer may say that you are only faking your condition to recover lost income. You must submit strong medical evidence to counteract this stance. Evidence to show your claim’s legitimacy includes medical records and condition progress notes, clinical testing results, your doctor’s written statement that explains the kind of condition you suffer from and how it makes you unable to work, as well as pharmaceutical records that show your prescription medication history.
The insurance company will not collect evidence for you. With most LTD policies, the claimant should collect enough evidence and submit claim proof.
- Severance agreement. The severance agreement you may have signed may include language that releases LTD claims. It may preclude your ability to bring a disability claim. before you sign a severance agreement, review it carefully and consult with a lawyer. A long-term disability lawyer can tell you how this agreement could affect your coverage. Also, they can negotiate changes to the agreement before you sign it to protect your LTD insurance. after you sign a severance agreement that releases your LTD claim, it cannot be reversed.
Deciding to leave your work because of a disability is a tough one. You want to keep your position for as long as you can, particularly if your career offers financial security and personal fulfillment. However, if you have a disabling condition, it may be best to file a long-term disability claim before your employer fires you.
If you are afraid of losing your job, speak with an LTD lawyer to get guidance. An ERISA LTD lawyer can help you understand your options and leave your work with protection. This way, you can leave work without losing your disability coverage.
If you have been fired before filing an LTD claim, consult a lawyer as soon as possible. You may still have insurance coverage if you already had a disability before your employment ended. However, this process may be hard and complicated. A reliable disability lawyer can help improve your chances of having a successful long-term disability claim.
Can You Be Fired While Suffering from a Disability?
The ability of employers to fire a worker who has a disability is governed by different state and federal laws. If you are fired based on your disability, the actions of your employer may be unlawful. The Americans with Disabilities Act requires employers that have at least 15 workers to offer accommodation for those who have disabilities. This includes accommodations for disabled workers, so they can continue to work. Even if your termination was illegal, you may still deserve LTD benefits under your policy’s terms. An experienced disability attorney can assist you as you apply for benefits.
