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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19217
Experience:  Employment/Labor Law Litigation
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My sister is a city police officer (homicde detective) in

Customer Question

My sister is a city police officer (homicde detective) in Utah. They are elligable to retire @ 20 years. She has nearly 30 years. She is currently on short term disability due to severe depression and PTSD.
My question is if she is not feeling better at the end of the STD if necessary can she then apply for long term disability for a while or will she be forced to retire?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.

That is going to depend on the LTD policy. In most cases, the LTD disability policies will allow an application as long as she doesn't make any other application for payment. If she were to dual apply for retirement, the LTD would not allow the double payment or would seek to recoup payment.

The only other concern is if the policy requires some intention to return or attempt to return to work, but that is less likely with LTD. If the LTD has some provision, which I have not seen, stating that being eligible for retirement negates the right to file, that could be a problem. However, that is going to be contract specific. Different insurance contracts have different provisions and while I have not seen such a provision, LTD is an ever changing program. You'll have to look directly to your benefit to see if being eligible for retirement negates LTD rights.

Customer: replied 2 years ago.
Great! Thank you very much!
Expert:  Allen M., Esq. replied 2 years ago.

No problem. Good luck going forward.