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John, Attorney
Category: California Employment Law
Satisfied Customers: 5571
Experience:  Licensed and practicing attorney.
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I am currently in Short term doctors

Customer Question

Hi,I am currently in Short term doctors recommended me a long term dissability.
I need help in understanding LTD benefits
Submitted: 9 months ago.
Category: California Employment Law
Expert:  John replied 9 months ago.

Generally, long term disability benefits consist of paying you 60% of pay for as long as you are considered disabled up to retirement age. You must meet the definition of disabled in the policy, which means your own occupation and after two years, any occupation in the economy that falls within your skill set. The benefits kick in after an elimination period, usually of 90 days past the disability onset date. The insurer will consider your medical records and background and make the determination of whether you can do your current position. Does that clarify or do you need additional information?

Customer: replied 9 months ago.
Thank You.
Can my employer terminate me?
Do I have to apply for Social Security ?
What happens to EDD then?
Expert:  John replied 9 months ago.

Employer can terminate while you are on LTD benefits, but your termination does not affect benefits. (note you do get 12 weeks FMLA leave, but you've probably exhausted those by now I imagine).

Most LTD plans do require you to apply for Social Security disability, and the plan coordinates with social security; lowering your monthly LTD benefits.

You'll still get EDD and your LTD will coordinate with those benefits as well for the duration of the EDD.

Expert:  John replied 8 months ago.

Sorry to bother you, but you haven't yet provided a positive rating for this answer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit and I get no credit for the work I put into the matter. Thanks.

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