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Leaving work due to disablity
Oct 30, 2013

I have been on an extended leave of abscence from my job and I have applied for both LTD and SSDI. My LTD was denied but I am appealing with help of an attorney. My SSDI is still under review. I received a letter from my employer stating that if I don't return to work at the end of my leave, that I will be forced to resign or be terminated. Is one option better than the other?

Response from Mr. Chambers

There is no real distinction. Either one ends the employer-employee relationship. If you don't want the "history" of a termination, you can resign. If you do, I recommend, although it's not a major thing, that your letter state you are resigning due to your medical condition which prevents you from performing your job duties.

Note that this should have no effect on your eligibility for LTD benefits.

Don't forget that you can continue your health insurance through COBRA. Check with your state's Office of AIDS; they may help pay your COBRA premiums.

Also, check your life insurance from work. Many of them offer a Disability Waiver of Premium which, with filing some paperwork, will keep your life insurance in force without premium payment.

Good luck, Jacques



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