my spouce was involved in a single Car Accident on may 29 2012 resulting in traumatic brain injury. he was stableized at lower oconee hospital in wheeler county, glenwood ga. after about 3-4 hours to stabilize him he was sent by ambulance to memorial hospital in savannah ga where he has been for 6 weeks with probably another 2 weeks of rehab. i applied on his behalf for short term disability benefits and he was denied because he was driving under the influence of alcohol.now his employer says he will terminate my husbands employment at the end of this month (july) and his insurance benefits. I HAVE AN APPT WITH SOCIAL SECURITY ON JULY 10 2012 10am in vidailia ga to apply for his ssdi. my question is can i dispute the decision made by greater atlanta life and disability to deny his short and longterm disability benefits ND SHOULD HIS EMPLOYER allow him to take FMLA. MY HUSBAND STARTED this job on or about feb or march of this year. We moved from northwest ga to Ailey, ga 30401 to be able to live where he works. Also at this time with no income coming in for the last 8-9 weeks and none expected for possibly 6-8 months is he qualified for medicaid.
Country relating to Question: United States
State (if USA): Georgia
applying for short term disability through employer which my husband was paying for.
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So that I can provide you with accurate information:
What are the dates (approximately is fine) (1) you requested FMLA leave on behalf of your husband and (2) his employer denied your request?
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I LEFT HIS EMPLOYER A voice mail message on friday july 6 with no reply from him yet.this was suggested to me by an advocate for family and patients per his bcbsga coverage
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QUESTIONS: "(1) my question is can i dispute the decision made by greater atlanta life and Disability to deny his short and longterm Disability Benefits (2) ND SHOULD HIS EMPLOYER allow him to take FMLA. (3) Also at this time with no income coming in for the last 8-9 weeks and none expected for possibly 6-8 months is he qualified for medicaid. "
ANSWERS: First of all, please allow me to take a moment and say that I am genuinely sorry for all you have been through with this ordeal. I mean every word of that, and I genuinely wish only the very best to you and your husband. Here is how this all works. (1) Yes, you absolutely can, and in my opinion (looking out for the best interests of your family) should dispute the short term disability decision. (2) Yes, I can see no reason why your husband's employer would not approve his request (submitted by you on his behalf due to the obvious physical obstacles) based on your description. The only thing I could preventing this would be if the employer is not required to comply with the law. Here is how that works: Benefits for Employees Mandated by the Law. I would strongly urge you to submit a written request on behalf of your husband, via certified mail--return receipt requested, immediately and without delay. (3) Yes, I see no reason why your husband would not qualify for benefits from a medical perspective. The only obstacle I can foresee would be not meeting the eligibility requirements (i.e. income guidelines). Here are those: Eligibility Criteria Chart. The only way to know for sure is to apply, so you are definitely doing the right thing by doing so.
I truly hope all works out for you and your husband.
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