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Thread: Terminated due to medical condition - can I get STD/LTD payments?

Created on: 07/04/12 04:39 AM

Replies: 15

Kathy2000


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Joined: 07/04/12

Posts: 7

Terminated due to medical condition - can I get STD/LTD payments?
07/04/12 4:39 AM

I was terminated ("not a good fit") after 4-1/2 years at my job. Since I was terminated, I didn't think there was a possibility of filing a claim for disability benefits.

Perusing the internet has led me to wonder if I can file a claim. I've read that: (1) the key to getting LTD benefits is WHEN you became unable to work, NOT the date you file the claim; and (2) as long as you were insured under your employer’s LTD plan when you became unable to work, you are still eligible for benefits.

I have scleroderma and some other problems and have had difficulty at work for several years.

I was terminated in late January 2012 - is it too late to file a claim? I believe I was disabled when my employer decided I wasn't able to do my job.

Thank you for your advice.

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LTDquestions


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Joined: 09/28/11

Posts: 39

Terminated due to medical condition - can I get STD/LTD payments?
07/05/12 10:34 AM

No, it's not too late. I speak from experience. What else do you have to do? File.

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Larry


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Joined: 09/27/01

Posts: 3,564

Terminated due to medical condition - can I get STD/LTD payments?
07/07/12 3:23 PM

Be careful with the explation of when you were disabled...normally it is not up to the employer to decide if you are disabled ("employer decided I wasn't' able to do my job") but rather the definition of total disability and the validation by your doctor!
As previously suggested, submit the claim formand see what follows, however that being said,it is best to have a claims consultant guide you in the process for best results!

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Kathy2000


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Joined: 07/04/12

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Terminated due to medical condition - can I get STD/LTD payments?
07/08/12 1:34 PM

LTDquestions - thanks for the encouragement!

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Kathy2000


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Joined: 07/04/12

Posts: 7

Terminated due to medical condition - can I get STD/LTD payments?
07/08/12 1:35 PM

Larry - thanks for the word of warning. That makes sense!

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RoyalClaims


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Joined: 05/04/12

Posts: 60

Terminated due to medical condition - can I get STD/LTD payments?
07/09/12 9:13 PM

I agree with the others - yes, you can file a claim. Most companies will give you several months to get the claim filed after you became disabled.

Much of what's going to be required will be your medical records and supporting physician reports. Depending on how severe your scleroderma was and any complications as well as the information in your personnel file and what was told to you when you were terminated, you might have a pretty strong claim.

Good luck!

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Kathy2000


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Joined: 07/04/12

Posts: 7

Terminated due to medical condition - can I get STD/LTD payments?
07/11/12 10:36 AM

RoyalClaims - thank you for the advice.

I've sent a couple of faxes, a week apart, to my former employer and haven't received a reply. I'm about to call them this morning. I'm worried that some time limit will bar a claim - it has been almost been 6 months since I was terminated.

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caryn


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Joined: 05/21/02

Posts: 3,803

Terminated due to medical condition - can I get STD/LTD payments?
07/11/12 10:43 AM

Kathy-

I believe Glenn Kantor recently provided some info on late filings of claim.

If you have your benefits booklets, just call the insurer and give them the plan number and the other basic info. They will get you forms.

If your medical conditions rise to the level such that your doctors will state for LTD that you were and remain disabled, you will then need to have records developed showing why you were too ill to find other work that you could do regularly.

If you haven't already, file for Social Security.

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Kathy2000


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Joined: 07/04/12

Posts: 7

Terminated due to medical condition - can I get STD/LTD payments?
07/11/12 4:58 PM

caryn - I filed my Social Security Disability claim on 2/8/2012. I received a denial of benefits letter, found an attorney to help me, and she has filed an appeal. (FYI, I am 57 years old.)

I tried searching this site for the late claim filings info by Glenn Kantor - but I haven't been able to find anything. ???

I did call my contact at my previous employer this morning - I left a message and haven't received a call back. I will try the insurer next - thanks, caryn!

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Kathy2000


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Joined: 07/04/12

Posts: 7

Terminated due to medical condition - can I get STD/LTD payments?
08/06/12 10:47 PM

CLAIM REJECTED - GOT THE LETTER TODAY - PLEASE HELP!

The insurance company (that underwrites my former employer's STD group policy) rejected my claim for STD because of: (1) late filing of claim; and (2) lack of medical information to support claim.

(1) I never knew I had any rights to file a claim after my termination. The times I asked my ex-employer about claiming STD and/or LTD, it was explained to me that I was ineligible for them.

When I was able to get copies of the STD and LTD policies from my previous employer, HR had highlighted in the STD policy: "The Elimination Period is the amount of time you must be disabled before benefits start." and "Your coverage under the plan will end if . . . (y)our employment stops for any reason . . ." and "The deadline for filing a short term disability claim is 31 days after the end of the elimination period . . ."

Not highlighted, but relevant: "If, through no fault of your own, you are not able to meet the deadline for filing a claim, your claim will still be accepted if you file as soon as possible. Unless you are legally incapacitated, late claims will not be covered if they are filed more than one year after the deadline." (I filed my claim just before the 6-month mark.)

I had orthopedic surgery 23 days after becoming disabled (22 days after I was terminated) - I was released by my surgeon 7-1/2 weeks later. This interfered with my ability to file a disability claim. (My disability claim concerns an autoimmune condition, however - the orthopedic problem was just temporary.)

(2) My rheumatologist's office had not provided copies of my records (the fax from the insurance company was not received, then the doctor's copy service comes in only once a week and it takes them a week to make the copies).

Also, would it matter if I had my PCP do the paperwork? I have known her much longer, she understands my condition better than the rheumatologist, and is more supportive of my disability claim.

- - - - -

I have 180 days to file a "request for review" which, of course, I intend to do.

Any advice for me? Do I need to hire a professional? Where would I find one?

Thanks for your help.

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Kathy2000


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Joined: 07/04/12

Posts: 7

Terminated due to medical condition - can I get STD/LTD payments?
08/07/12 11:45 AM

Hi,

I received an e-mail saying I had a reply from RoyalClaims but there's nothing in the forum.

???

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nursingangel


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Joined: 06/14/03

Posts: 1,917

Terminated due to medical condition - can I get STD/LTD payments?
08/07/12 12:47 PM

It was likely a solicitation from a company and was removed.

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RoyalClaims


Moderator



Joined: 05/04/12

Posts: 60

Terminated due to medical condition - can I get STD/LTD payments?
08/07/12 1:10 PM

No, the post that was removed was in no way, shape, or form, a solicitation from a company. It provided information from the company's blog that addressed the question raised by Kathy.

Really - if that's out of bounds, and I've read comments from other posters that are MUCH less tasteful or tactful, then there's little reason to even try to help people here.

I guess that 24 years of working disability claims makes me a shill.

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Larry


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Joined: 09/27/01

Posts: 3,564

Terminated due to medical condition - can I get STD/LTD payments?
08/07/12 1:11 PM

Kathy....
No doubt you are capable in many areas of your life and especially in view of the presummed stress you are experiencing and lack of experience in matters that pertain to a claim, it is strongley advisedand that if financially possible, that you engage the services of a claims consultant.
There are those who may say that you should only engage an attorney (based on their experiences and perception)but it may be possible to get a better or similar result and for a lower cost, by hiring a claims consultant who in some cases may be more effective based on their hands on experience which go beyond the letters of the law (which in some cases is more than useful, but not always necessary!).
Even attornies do not it wise to defend themselves!
best in any event.

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Larry


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Joined: 09/27/01

Posts: 3,564

Terminated due to medical condition - can I get STD/LTD payments?
08/07/12 1:13 PM

Royal Claims...I saw nothing wrong in your post and hope you will continue to contribute despite the inuendos.

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nursingangel


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Joined: 06/14/03

Posts: 1,917

Terminated due to medical condition - can I get STD/LTD payments?
08/07/12 5:15 PM

Royal Claims - I meant no offense. Since the OP said that a post disappeared this morning, I assumed that it was a sales pitch that got cleaned up when one of the moderators did a morning sweep. Those types of posts tend to appear in the dead of the night and get cleaned up by mid-morning.

Sorry

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