Disability Dilema
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Posted by: John Brenner ®

09/13/2002, 19:42:35
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Lynne M. had started a thread on her SS disability claim so I thought I would share some of my experience (more like pain) to help those who may have an option to file for a LTD under an insurance plan at your work.

My situation which may or may not vary (not sure)by policy is as follows. I have to go out on short term disability (STD) before I can file a claim for long term disability (LTD). If I file for STD then I risk for sure getting on the lay-off list that my company will be making at the end of the month. My severance package would be better than STD and I am not sure if I would still be eligible for the severance if I go on STD.

My STD option ends the day my employment ends. So if I don't file for STD than I can't file for LTD.

I was also told by my lawyer that it will appear to the Insurance company that I went on STD to get the LTD because I was going to get layed off. The reason for my LTD request was the layoff not because I am disabled will be the arguement by the insurance company. Because I wanted to try and struggle through work with my SD, I get penalized.

If I could scream, I would right now.

I still have 2 weeks to make some type of decision, but I am leaning towards rolling the dice and not doing anything.

If anyone has any thoughts, I am all ears right now. For those that have a LTD option at your work, I would recommmend not waiting until layoff time to decide to pull the trigger or it could be two late.

God bless to all.

John









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Re: Disability Dilema
Re: Disability Dilema -- John Brenner Top of Thread Archive
Posted by: Cynthia Campbell ®

09/13/2002, 22:22:27
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John,

I understand your wanting to scream!!! That's a tough call.

Are you sure your employer can lay you off while you're on STD? Your

Insurance provider may try to argue that the reason for wanting LTD

is to avoid a layoff, however if you're disabled, you're disabled.

If they layed you off while on disability I think you'd have a good

case for unfair treatment. If you are well armed with the proper medical documents then it should not be difficult to go from STD to LTD.

I had quite the battle with my employer but the details of my case

won't pertain to yours because everyone's policy and situation is different. I know that while I was on LTD I was not eligible for a early retirement package which was being offered because I had to be actively working and on the payroll to be eligible. I would hope that the reverse is true also..... that is that as long as you are disabled and collecting STD or LTD you cannot be layed off. Insurance companies have so many details of their policies in fine print - it's all so corrupt.

It's very tiring and time consuming fighting for your rights! Whichever

way you decide to go I hope it works out in your favor! So many of us have had to give up well paying jobs that we loved. I don't dwell on it

anymore but it still hurts momentarily when I think about it.

Be strong.

Cynthia AB/SD Toronto







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