I am sorry to hear about your situation. However, I am not sure why your social security attorney believes that the decision of your LTD carrier is tied to your SSDI benefits. Unless there is something in your LTD policy that says there is an unrebutable presumption that eligibility for SSDI makes you automatically eligible for LTD, then it just isn't the case.
You can certainly use the Social Security determination as support for your appeal but, unless the language or similar language appears in your LTD policy, it will only be a piece of the evidence. I might suggest that you contact a local employment law
attorney who handles issues related to ERISA
, which your LTD policy falls under. They can very likely help you with your appeal, and if you have to file suit, they can do that on your behalf.
As for your termination, your company apparently had a more favorable employment policy then the general law in Florida. Normally,if the employee is stays out beyond their 12 week FMLA
period, an employer can terminate them if they cannot return to work, whether they are on LTD or not. In other words, LTD does not provide job protection under the law. However, an employer can have a policy that is more favorable and apparently your company did. They though are not required to hold your job pending the LTD policy appeal process unless you are able to go back to work.
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