Question
Can I win LTD benefits after a layoff?
I am very sick with a whole body degenerative joint and spine condition. I have treated it aggressively and spent a huge amount of money out of pocket, but have slowed down on those treatments because of the cost, which isn't covered by insurance. I am in a weird place where I am still working with various ADA accommodations, but disabled by the standard that if I lose this job, I doubt I can transition to another one now. I work in a role that AI imminently threatens to take over. I'm certain I can't transition to a new career. I have to keep working as long as possible for financial reasons, but I'm scared that I'll get laid off before the day comes that it's impossible for me to keep working my current job, and then I'll have no chance of getting another because of my condition. Would I be able to win an LTD claim if I get laid off?
Answer
The simple answer is, yes, a layoff can affect your ability to collect LTD benefits because it will likely affect your coverage under the disability plan. LTD plans often require that the employee be working full time or a minimum number of hours in order to maintain coverage under the plan. If you are terminated or laid off prior to becoming disabled and stopping work due to your disabling condition then you may not be eligible to recover disability benefits due to lack of coverage caused by the layoff.
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