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Recent Long Term Disability questions
I have a question about employer disability insurance. I am
I have a question about employer disability insurance. I am currently on disability due to the progression of Multiple Sclerosis (MS). For the past 15 years I have paid extra from my paycheck in order to gain additional funds if I should ever go out on long term disability. Before I went out, I was notified that my position was being eliminated due to the acquisition of my bank by a larger bank. My termination date is October 14th. Because of my position, I am entitled to 10 weeks of full pay & 26 weeks of STD which I am currently receiving. I am being told by HR that I cannot collect my severance package (36 weeks pay) & the long term disability benefit that I paid for at the same time. They said it was either one or the other. The LTD would not take affect until January 7th when my STD ends. The company's LTD policy states that I would receive 49 months pay or until I turn 65. The 49 months would come first. Plus, I keep getting conflicting stories from HR - one is that all my benefits would end on the date of my termination & the other is that the new bank will accept all current disabled claimsregardless if you are an employee or not. My question is, can they withhold my LTD benefit from me ? Sorry this is so long.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
My 25 year old daughter works for a large company for 3 yrs
My 25 year old daughter works for a large company for 3 yrs this Oct and has been a good employee with a wonderful work ethic. She has a severe eating disorder and was in residential treatment for 9 weeks from Oct to Dec, 2015. She used 9 weeks of FMLA, and relapsed and was sent back to treatment the end of April until the 3rd of July, 2016. She asked to work remotely, so she could go to aftercare. She worked 1 day, July 8th, relapsed and had to go to the hospital for 5 days and back to residential treatment. She was notified that if she is unable to return to work by Aug 4th, she will be terminated due to being unable to return after medical leave. She has used up all of her FMLA plus personal leave time. Is it better for her to quit her job rather than be terminated, so that if/when she gets healthier, a prospective employer would be more likely to hire her? How would quitting affect her COBRA, unemployment, and long- term disability?
My wife was on short term disability for a broken leg - she
my wife was on short term disability for a broken leg - she was in a wheel chair and crutches. She was told to be out of work until 17 AUG 16. she was working with her employer to return to work on 1 AUG 17 (with limitations)JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: On the 14 JUL her boss told her she can't wait to have her back. My wife would have to use a brace and crutches at work. Her work requires stairs and they have no real handicap partking - but both were willing to work it out.JA: Have you talked to a lawyer yet?Customer: No we have not - on 22 JUL my wife's boss called and said they were terminating her due to while she was out they consolidated her duties and that she would get her termination letterJA: Anything else you think the lawyer should know?Customer: when she go the letter there was no severance and the company has a history of employees hired after her - receiving a severance and that there were several employees to go on short term and long term disability that were allowed to return to their jobs or another job.
I have been drawing term disability for about 5 years ,when
I have been drawing long term disability for about 5 years ,when i was approved for social security disability I had to reimburse the disability company for what they had paid me which i understand but they also requested my 2 childrens back pay as well . They said that was considered my earnings as well and then my long term disability payment was reduced by what I received from social as well as my children ...Is this correct ,,,i live in ky ,thanks eddie
I was a founder and CEO of a www.enertia.. TX, No, I have
I was a founder and CEO of a www.enertia.biz.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: TXJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I have Parkinson's and was diagnosed 6 years ago. Full disclosure to my board. My ex wife owns half and works there and is now ChairmanJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Txo
I am currently on AT&T disability disease and am on
I am currently on AT&T disability for renal disease and am on dialysis. My long term disability is being paid and in addition I purchased the additional LTD and recieve that too along with my social security. I have a pension with AT&T that I have not collected yet and it is being administrated through Fidelity.....when I asked for a estimate of my benefit they reduced the amount due to penalities for early retirement. I am not really retired I am on disability and not touching my retirement . The decrease is in alot in my view possibly 50K. When asked if I could have my pension I was told I would no longer recieve disability checks. This does not add up to me it seems it would be one way or the other not whichever is best for the pension holder
About 2 years ago I was diagnosed with Parkinson'sView more employment law questions
About 2 years ago I was diagnosed with Parkinson's Disease, I work for a very large company that uses Aetna as their benefit plan administrator. There are a few things that I am concerned of (I am a 52 year old Male) working in a very competitive sales environment, I have a very good income, retirement and pension plan. I get concerned that if I lose my job for any reason I will not have the insurance nor any other income. I would like to go out on permanent long term disability and need to understand how to do it and how to get there. I asked around for an attorney here local and could not find one with disability insurance experience. I am starting to have discussions with my doctor about long term and they suggested that I take a feasibility test and get an attorney.... So now I have several questions, do I really need an attorney? What is the test? how long will it take? what is the best way to go about this. How bad off do I need to get to qualify for Long Term disability?