An employment end issues that have been happening often is people who think their entitlement to Short or Long Term Disability benefits ends with their employment.
One of the problems associated with this is it is the employer who is telling disabled employee this. The fact is, if you became disabled at the time the policy was in effect, then you remain entitled to the benefits provided thereby for as long as you remain disabled (subject, of course, to the other age limitations). Also, while you might go out on Short Term Disability benefits and then have your employment end issues before Long Term benefits are due, you still remain entitled to Long Term Disability benefits as long as you remain disabled and otherwise qualified to receive the benefits.
There are some policies which provide that the coverage for the individual employee ends at midnight on the last day you work. Employers and insurance companies will then argue that you were not disabled until the next day. I have successfully defeated this argument on numerous occasions. The case is usually a situation in which the employee worked long after the point at which they were disabled. They were not then entitled because they were working and receiving regular pay. If you are forced out of your job because of a disability, the argument can be successfully made that you were disabled before the termination of the coverage.
Do not be led astray by either the insurance company or your former employer on this issue. You should get advice from an attorney which regularly handles such claims before you make any decisions in this regard. At Herbert M. Hill, P.A., Short Term Disability, and Long Term Disability benefit claims represent the vast majority of our practice. We know the benefits to which you are entitled and we know how to go about getting them. Put us to work for you.
