|LTD? What should I do? Please Help!!!
Sep 2, 2003
Recently Diagnose HIV+, I'm feeling really bad. I heard if I apply for LTD and awarded through my group plan at work they will terminate me. This is due to other people I know that have applied for other issues. If I'm terminated does that mean I lost my group coverage even though I applied while employeed. I don't understand this at all. If I'm terminated does that mean I have to apply for medicare? Why do companies offer LTD plans if they are going to screw you over in the end. Why doesn't the law's protect from this. Also if I go on LTD and after say three years I feel better and want to work, but I was terminated after 6 months by my company am I eligable for COBRA after I go off LTD. I'm very confused. My company is fairly large, but recently many layoff's. Most people that are laid off is due to medical cost, but they also lay off other to cover that up. SO their nothing to prove. Please Help me?
| Response from Ms. Franzoi
A disability policy provides monthly benefits in the event an employee is unable to work due to an illness or injury. A long term disability (LTD) plan is not going to pay benefits while an individual remains employed. That is why your company terminates an employee once he becomes eligible for LTD benefits. Short term disability plans, as the name implies, provide benefits for an employee who is unable to work for a short period of time (typically 3 or 6 months. If at the end of the short term disability period, the employee is unable to return to work, he would be terminated and his LTD benefits would begin. With respect to what will happen to you upon termination of employement, you would be eligible for COBRA for 18 months (29 months if you are determined to be disabled by the Social Security Administration within 60 days of your COBRA commmencing.) Whether or not there is any other continuation of benefits for you would depend on the terms of the plans you are covered under as an employee. Check the summary plan descriptions for such plans as medical, dental, vision, life insurance, pension, 401(k), etc. to determine what happens with those benefits upon termination due to disability.
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