• If I'm fired from my job can I still file for LTD insurance benefits?

Can I file for disability insurance benefits if I was fired before I stopped working?

The short answer to this question is, yes. However, whether the claim will be approved depends on a number of factors. The crux of the claim would hinge on whether you were disabled under the terms of your policy before you were fired.

Under most group disability policies the date of termination from employment would mark the end of the employee’s eligibility for coverage under his or her disability policy and a disability claim by that employee with a date of disability after the date of termination would certainly be denied.

To be successful in a claim filed after the date of termination a claimant would have to show that he was effectively disabled before he was fired. A Michigan Federal District Court recently decided a case dealing with this precise issue.

In Hipple v. Matrix Absence Management Mr. Hipple sought disability benefits from an ERISA governed plan. Mr. Hipple was terminated from his employment and subsequently filed a claim for disability benefits. Matrix denied Mr. Hipple’s claim asserting that his employment was terminated for cause and, therefore, he ceased to be eligible for coverage.

Specifically, Matrix assumed that because Mr. Hipple continued to show up to work until his termination on June 6, 2012, he was not disabled before that date. That assumption, according to The Court, is contrary to Sixth Circuit precedent.

The Court explained that an employee can be present at work and receiving a paycheck for his labor and, at the same time, be “disabled” under the terms of the employer’s benefit plan. Furthermore, “a denial… resting on an unverified assumption that the claimant could not have been disabled because he was present at work – [is] arbitrary and capricious.” See Hawkins v. First Union Corp.

In denying Mr. Hipple’s claim, Matrix did not evaluate the medical evidence to determine whether Mr. Hipple was in fact disabled before his termination – i.e., while he was still a participant in his employer’s long-term disability program. Matrix was therefore wrong for denying Mr. Hipple’s claim.

Under the terms of his employer’s long term disability program Mr. Hipple would be entitled to benefits if his disability arose while he was still a plan participant – even if he submitted his application after his termination.

Comments (113)

  • I was fired from my job.then I found out I need two hip replacements .I can’t work until I get surgery can I get disability

    Robert Jan 24, 2023  #113

  • Dino, you may still attempt to make a claim if you believe you met the criteria for qualifying for benefits under your disability plan.

    Cesar Gavidia Jan 12, 2023  #112

  • I got terminated from my job, due to stress,can I still apply for disability even after I was terminated?
    Your answer will be much appreciate it.

    Dino ng Jan 11, 2023  #111

  • India, call and demand to speak to a supervisor at Hartford, also put everything in writing.

    Rachel Alters Dec 22, 2022  #110

  • Hello. I was fired 2 weeks before my maternity leave by my employer. I was fired for tardiness and call outs. I tried getting my maternity leave through the state of NJ. NJ maternity leave told me since I contributed to a private plan through my employer (the Hartford) I will have to contact them. My claim has been filed with the Hartford a month before I was fired and yet to be approved. I contacted my representative but still haven’t heard back. What can I do?

    India Dec 19, 2022  #109

  • Dan, they should continue reviewing and processing the STD claim, even if your employment is terminated since your claim would have begun when you were still employed.

    Cesar Gavidia Dec 1, 2022  #108

  • What happens if you have an open STD claim when you are terminated? Will the claim be processed fully or will the STD benefit be lost with termination?

    Dan Nov 30, 2022  #107

  • Marianna, under most group disability policies your coverage ends if/when you are terminated from employment. While you can still file a claim after termination, it is more difficult to be approved after termination. I suggest you contact our office and speak with one of the attorneys to discuss in more detail your circumstances and your options.

    Jay Symonds Sep 17, 2022  #106

  • Do I have to file for disability before I am terminated?

    Marianna Sep 16, 2022  #105

  • Maureen, you must be careful regarding what you explain to your employer concerning returning to work. You must speak with your doctor concerning how your functional limitations affect your ability to perform your occupation and listen and follow whatever restrictions and recommendations your doctor gives you, which may include remaining out of work indefinitely. Any decision to remain out of work or return to work should be made with the guidance and recommendations made by your doctor.

    Cesar Gavidia May 25, 2022  #104

  • I work(ed at a large state university. I am currently filing for LTD due to PTSD I now have from 7 years of (documented) bullying. I have worked here for 21 years as of this year. I will hopefully have an answer from Disability soon. In the meantime, my employer (specifically the Director of HR) is asking me (aggressively) if I plan on returning to work. Now, HR ( some folks of the HR Directors staff) is completely aware that I am applying for LTD as I have been working closely with them.

    My question is twofold: Do I tell them (at this point) that I am not planning on returning? Will that hurt my chances for disability? And – they are asking me (if I am planning on returning) to complete my “reappointment paperwork.” I am asking about this b/c I thought I am NOT supposed to do ANY work while I am extended FMLA.

    Thank you!!!

    Maureen May 24, 2022  #103

  • Filisteo, I am sorry to hear of your circumstances. As you have a disabling condition, it is best to make a claim prior to you being terminated as your coverage under the policy will end when your employment ends. Thus, you must make a claim while you are a covered person under the policy. Please contact us for a free consultation so that we can learn more and assist you with your claim.

    Alex Palamara Jul 7, 2021  #102

  • I have muscular disthropy and I am in a wheelchair, because my condition I was going to take a STD or maybe LTD. I was just notified that my company is making strategic change and my position will be centralized and my role will disspear, my boss just notified me that I am not being considered on the new strucure and they are leeting me go, being my last day a month from now. As mentioned, I was going to go on STD, can I still go on STD now and will it be covering me after my termination day?

    Please help, thanks

    Filisteo Jul 7, 2021  #101

  • Ron, we cannot answer your question regarding wrongful termination since we are not employment lawyers; however, I would recommend that you contact one to discuss that issue. You could certainly attempt to apply for long-term disability or you may need to reapply for short-term disability depending on how long you returned to work. One of the problems that you may face is that you were terminated while still actively performing your occupation and you may not have stopped working due to your disability, but rather, because your position was eliminated. The disability insurer may say that your loss was not caused by your sickness or injury but rather you employer terminating you. In order to qualify you would need to be a covered employee under the disability plan when the disability loss took place. If the disability loss took place after your termination then the insurer may say that you were not a covered employee at the time of your loss.

    Cesar Gavidia Apr 17, 2021  #100

  • I am a 62 year old man, I have worked for a major financial institution for almost 17 years, and have been a top performer for the majority of the time. I suffered a spinal cord injury as the result of surgery to embolize a spinal dural AVM in 03/2017, and was paralyzed below the waist. I subsequently needed a laminectomy of T9-T10 vertebrae in order to have the AVM obliterated. I was told that I would never walk again, but was able to return to work after 14 weeks. In 2019, I began to experience severe abdominal spasms and crushing pain. It was affecting my work performance, as I had to stop working frequently during the day, and missed many days for doctors visits, tests, imaging and just being ill.

    I began to lose weight as well, eventually losing about 60lbs. (I dropped from 215lbs to 155lbs.) I went many top doctors, and none were able to diagnose the problem, all the while the pain, spasms and weight loss continued. I was given bad performance evaluations by a new manager who shortened the timeframe for completing my work deliverables. I took several weeks of STD in mid-2020, but Covid-19 lockdowns prevented me from accomplishing anything to diagnose/cure my problem. I finally found a doctor who was able to diagnose my condition, serious chronic untreated colorectal fissures resulting from a dysfunction of my colon and pelvic floor muscles as a result of my spinal cord injury. I went on STD in the beginning of 2021, but due to Covid lockdowns I was unable to get the surgery I needed until late February 2021; an ileostomy to completely remove my large intestine colon and rectum from the picture.

    Since the surgery my pains and spasms have stopped, I can eat and have begun to gain weight, and I have even been able to stand and walk using a walker. I returned to work Apr.1, 2021, just as my STD ran out. Then on Friday, 4/16/2021, my employer terminated me and locked all my system access. Saying that my position had been eliminated as part of a “resource realignment”, and I would be paid through the end of the month. Several other people were also terminated for the same reasons on this date.

    I believe I was terminated because, my new manager had been unhappy with my performance, for which he had written me up in my performance reviews, and I had noted in my response to those reviews, any performance shortfalls were entirely due to my illness, and he had even agreed with that sentiment.

    I have not asked the doctors if I could qualify as “disabled” for long term disability purposes, but I am unable to walk more than a few hundred feet with a walker, will likely never be able to walk without the walker, and I now have an ileostomy bag and need workplace accommodations for physical therapy, and to work from home. My prospects of finding an equivalent position and being rehired elsewhere quickly are unlikely.

    So my questions are:
    1.) Am I likely to qualify for LTD based on the medical issues I have described to you?
    2.) Can I apply for LTD benefits even though I was just terminated? (Assuming my doctors will certify me as being disabled.)
    3.) Would I have grounds for any kind of “wrongful termination”?

    Ron L. Apr 17, 2021  #99

  • Tasha, generally, under employer provided disability policies, as soon as you are terminated all coverage ends. If you did not have a disability claim filed prior to termination the chances are high that the insurance company will deny the claim for not having coverage as of the date of filing/disability. That being said, it does not hurt you in any way to try to make an application for benefits under your former employer’s disability policy. You car certainly file for both STD benefits and SSDI benefits.

    Stephen Jessup Apr 8, 2021  #98

  • I was terminated for being late and calling in sick. And some performance problems. I was in hospital 2 times they were aware of health issues. I was going to doctor. I had test done. I had been diagnosed with rapid gastric empty syndrome. They were informed that there is no cure. That is not medication to help it. It’s control by diet and treating the symptoms.

    I asked my gi doctor for letters for work I was denied. I even went my General physician for help. They never declare me disability or gave me a letter of limitations. I did explain to my physician that it’s messing with my work. To be able not to be fired. I was full time and down in my days working. Can I file short term disability, after my termination? I asked for copies of my termination. So I can apply for disability benefits from my state. With the syndrome way to control it is diet. The diet consists of eating 6 times a day. And certain foods. I wondering if I can file short term disability. As I’m applying for disability with the state.

    Tasha Apr 8, 2021  #97

  • TJ: I’m not exactly sure what it is you are asking but eligibility for coverage and benefits is determined at the time you go out of work. Subsequent termination from employment should not affect your eligibility for the coverage. Whether or not you can be terminated is an employment issue which I cannot speak to but generally speaking most people out on disability for an extended period and beyond the FMLA period are eventually terminated from employment.

    Jay Symonds Mar 9, 2021  #96

  • Injured 4/24/20. Modified duty 12 weeks. Then out on workers comp until 2/1/21. Then short term disability until 5/1/21 when all leaves exhausted, (FMLA, medical and extended medical). Paying my premiums thru 5/1/21 thru current job. Once all time exhausted and I’m out on short term ,will be renewed end of April for 90 days, can I be terminated and lose my short term and long term disability benefits?

    TJ Mar 9, 2021  #95

  • Madelaine: I’m not sure I understand your question. Did you have STD benefits that were discontinued after termination of employment? If so, I suggest you contact our office and speak with one of the attorneys to discuss in more detail your circumstances and your options.

    Jay Symonds Feb 22, 2021  #94

  • How does an employer stop short term disability payments when the employee has been terminated?

    Madelaine E. Feb 22, 2021  #93

  • Anthony, I am sorry to hear of what you are going through. To answer your question, you are likely able to file your disability claims so long as you were a covered person under the disability insurance policies on the date your last worked/the date you became disabled. Please gather the application documents as well as the short term and long term disability insurance policies and please contact us for a free consultation.

    Alex Palamara Feb 11, 2021  #92

  • I have back issues. I went to the doctor and he said that I needed some tests ran because I was in pain then while visiting him. I got papers from him and showed them to my supervisor. Nothing was said. Then I asked for my short term disability papers. The next day they called me and told me that they can not hold my job because I wasn’t there a full year yet. Now I was wondering can I still draw my short term disability.

    Anthony M. Feb 11, 2021  #91

  • The employee was terminated 6/2007 due to mental health issues. They were entitled to SSDI retroactive to 9/2006. Is it possible to get LTD from employer? (was acquired by different company but same business and many of same employees). Former employee is 60.

    Beth A. Nov 2, 2020  #90

  • Raafat, I am sorry to hear of your termination. In most scenarios, your benefits should be able to continue under your current claim and you should be able to make a LTD claim. If you have your policies, please contact us so that we can review them and give you an opinion.

    Alex Palamara Oct 10, 2020  #89

  • I went on STD since April because of neck pain, and was allowed to return to work with light schedule on June, while still on STD. I then got terminated in September. Will my STD continue regardless of termination as long as the doctor sees fit?

    Raafat Oct 10, 2020  #88

  • Jack: Based on the information you’ve provided, I’m sure sure I understand your question. I suggest you contact our office and speak with one of the attorneys to discuss in more detail your circumstances and your options.

    Jay Symonds Sep 30, 2020  #87

  • I was terminated on August 15 with a 30 notice with last day of employment being September 13. I went out in STD on August 29 and receive 5 weeks of payment from my employer. I continued to see my doctor and he continued to approve my disability and now I am on LTD and being pay by MetLife. How do you recommend I go after my former employer for the 21 weeks of STD that I never received payment?

    Jack Sep 30, 2020  #86

  • Will, I am sorry to hear of your issues. In all likelihood, your LTD claim should continue despite your position being terminated. However, should the insurer deny your for any reason, please do not hesitate to reach out to us. Alex

    Alex Palamara Sep 23, 2020  #85

  • I am currently on LTD because I have had two shoulder surgeries since January, my employer just sent me a letter stating my position has been terminated. Will I still receive my LTD?

    Will H. Sep 23, 2020  #84

  • Connie: Not sure what you mean. Can you please elaborate.

    Jay Symonds Sep 16, 2020  #83

  • Had a stroke, was put on STD disability. Employer terminated my employment, told me they would rehire once I was able to work. My STD has run out, now switching to LTD. What problems getting income might I have?

    Connie F. Sep 16, 2020  #82

  • Byron, it is important for your workers compensation attorney to review the release and also the description of the payments being made to you. Your LTD insurer will likely reduce your benefits by award or settlement you receive from workers compensation.

    Cesar Gavidia Sep 16, 2020  #81

  • Hi, my name is Byron, currently I am on employee sponsored LTD due to Industrial work injury 2 years ago. Now Workers Comp is offering me compromised and release and have to decode two days from now. If I choose this path, will I still be covered and continue LTD up the date specified on my contract? Thank you.

    Byron B. Sep 12, 2020  #80

  • If I needed surgery before covid hit, then couldn’t because of covid. Got laid off because of covid but then went back to work. Haven’t been able to schedule surgery because of doctor being booked up until now. Can I get short term disability if i’m no longer working for that employer?

    Gail Aug 31, 2020  #79

  • Leann, so long as you were covered under the disability insurance policies when you became disabled, your claim should be able to proceed. Please contact us should the insurance company deny your claim for disability benefits.

    Alex Palamara Aug 13, 2020  #78

  • I went out on leave 6/29/20 short term disability. My claim is currently under review they have now received all paperwork needed. I was not eligible for fmla. I was informed yesterday 8/12 I was terminated effective immediately. Would I still be eligible for my benefits ? The claim is still under review. They will be allowing me 10 days to turn in ada pw to try and cover the time period I’m out , which my manager said would help keep my job.

    Leann Aug 13, 2020  #77

  • Michelle, I am sorry to hear of your injury. Please contact us. We need to review this separation agreement that is attempting to relieve your employer’s obligation to pay WC and Disability. And we would like to review your short term and long term disability insurance policies. Once we are able to review such, we will be able to discuss what options are available for you.

    Alex Palamara Aug 3, 2020  #76

  • I was injured at work, 6 months ago, I am on workers comp and will need surgery. Before I could get scheduled for surgery I was laid off. Q:? My company wants me to sign a paper that relieves them from any obligation to pay for workers comp or disability. How do I get my operation done under workers comp and can I go on short term disability? If feels like a wrongful dismissal because I was going to go get the surgery and be on short term disability. Help!

    Michelle S. Aug 3, 2020  #75

  • Diana, if you had not already filed for disability as of the date your employment was terminated you would arguably have no coverage under your (former) employer’s disability policy, as coverage would end the day you were terminated. Additionally, in most severance agreements I have seen you waive rights under ERISA – the federal law that would apply to the disability policy so there is a greater than likely chance your disability coverage would not have been maintained or continued like the medical insurance. Short of having a policy you purchased on your own there is likely no avenue for filing for disability outside of Social Security Disability.

    Stephen Jessup Jul 31, 2020  #74

  • My job was just eliminated and as of midnight that day I lost all medical coverage. Just prior to this I had been waiting for approval for next surgery that is needed and it was approved but now I have no medical insurance. I was given a severance package that covered medical insurance for four months that I could use. My question is will I be able to collect disability if I’m not working at the same company.

    Diana R. Jul 31, 2020  #73

  • Tariq: I’m not clear as to whether you mean she was terminated because she suffered from Covid complications or she was terminated because of complications her employer was having due to the Covid pandemic. If the former she might be able to file a disability claim, if the latter that would be a labor and employment issue. I suggest you contact our office and speak with one of the attorneys to discuss any specific questions you may have regarding your situation.

    Jay Symonds May 14, 2020  #72

  • Good afternoon, I have a question about claiming disability. My wife is pregnant, 8 months along, and she was just fired from her company, due to Covid – 19 complications. Will she be able to go on unemployment for the last month of her pregnancy then be able to claim disability and go on maternity leave?

    Tariq J. May 14, 2020  #71

  • Idalia, most people out on disability are eventually terminated. The relevant question is your employment status on the date your disability began. I suggest you contact our office and speak with one of the attorneys to address the specific questions you have regarding your situation.

    Jay Symonds Nov 18, 2019  #70

  • My short term disability was approved for some weeks. Employer gave me a date that I had to return to work or resign. Medical records were sent to insurance company that I would not be cleared until some more weeks. I returned to worked letting then know that and if there was any accommodations. Employer said no because it would a hardship burden. I refused to resign and was labeled involuntary termination. I received a call from the insurance saying that my long term disability claim was still open. I repeated that I was terminated and they commented that it did not have anything to do with the employer. The letter that was sent to me said that all benefits had stopped the day I was terminated, but the claim was being reviewed the week of my involuntary termination. How does that work. This us is in the state of Massachusetts.

    Idalia Nov 18, 2019  #69

  • Shemeka, did you go to work on Friday? If you didn’t work Friday then there is the possibility of arguing your date of disability was the Friday and not Monday.

    Stephen Jessup Nov 3, 2019  #68

  • I filed for STD the morning of not knowing I would be fired that evening. And initial start date was set for the following work day that Monday coming since i filed on a Friday a.m.. When fired i called ask it start immediately. Any chance of approval since i filed in the a.m. do they look at that.

    Shemeka Nov 3, 2019  #67

  • Rita, you can email me and we can set up a time to discuss your issues. Rachel@diattorney.com. I would be happy to speak with you.

    Rachel Alters Nov 3, 2019  #66

  • I had a misdiagnosed stroke back on August 4, 2018. Finally, diagnosed around May 28, 2019. I took off 3 months under short term disability and completed speech and physical therapy. Neurologist released me for part-time work only for 5 weeks, then RTW fulltime. It’s been 3 weeks of FT and I’m turning in my resignation tomorrow. I am strugglimg with keeping up with all the expectations of my position. I am a highly prefessional person and distraught my career is being impacted by this disability. I want to ensure I am doing the right thing. I’m in a catch 22, resign, no income, no benefits. Stay in my position risk being performance out which would be devastating. I’ve never received a corrective action for performance while in my career. Need advice please.

    Rita Nov 3, 2019  #65

  • Stephanie, unfortunately we don’t specialize in this area as we represent clients like your employee to help them get their std and Ltd benefits.

    Rachel Alters Sep 20, 2019  #64

  • Hey there, I am a Missouri employer who has been having performance issues with an employee who had already exhausted their PTO time and now has been out three days and is asking about STD due to an accident. We were scheduled to terminate and now are curious what we are able to do given it is performance based, ther termination.

    Thank You

    Stephanie Sep 20, 2019  #63

  • PTaylor, sounds loke you have a number of medical issues going on as well as some procedural issues as it relates to your claim and denial, all of which can be complicating. I suggest you send in your denial letter and contact our office and speak with one of the attorneys to address the specific questions you have regarding your situation.

    Jay Symonds Sep 15, 2019  #62

  • Hello, I’m 55 and have multiple issues. Had lots of pain 11/2018. Doctor found cancer and I had full hysterectomy 1/2019 was out of work until 5/2019. Issues during time found sleep apnea, borderline diabetic, anemic, and and anxiety. Doctor released me back to work even though deap pain in side still, dizzy, ears roaring, unbearable jaw pains, and couldn’t walk long. My job goes through Hartford and they denied me saying not enough documents which wasnt true doctor had sent 3 times and I sent. I would think cancer would be enough proof. I gave up on trying to get money back. I’m in pain everyday while going to work trying to not get fired between appointments and sickness. A lawyer said I would get disability through state but I can’t be working.

    Now Dentist says I have arthritis in jaw and bone spures. Reumatoid doctor thinks I have Osteoarthritis in hips. I stumbled across an online note saying from 2017 saying on xray Sublet degenerative changes of the thoracic spine. I have a couple of more months to reopen disability case since declined at end of June 2019. Not sure what to do reopen or start a new claim once have documentation of arthritis? I’m just worried they will fire me if get sick with my jaw or pains because I don’t have FMLA and no saved up time off, job has already threarened me on this. Even though I probably get disability through state I want it through work because it pays double. My job is talking on phone by the way. Any advice or suggestions? Thank you.

    ptaylor6551 Sep 15, 2019  #61

  • Lauren, I am sorry to hear of your predicament. Your employer may offer you coverage under short term and long term disability insurance policies. If they do, you may be able to file claims under the policies if, due to an accident or sickness, you are unable to perform the duties of your own occupation. You will need medical documentation to prove your claim as well as support from your treating providers that state you cannot work at this time. Even with all of this, there is no guarantee that your claim will be approved. However, if you are unable to work, filing such a claim may be your only option. Please feel free to contact our firm for a free consultation.

    Alex Palamara Sep 12, 2019  #60

  • Hello, my name is Lauren and my job is causing me a lot of stress. I have medical issues that they are aware of. Yet they are threatening me that I will have my job taken away if I keep it up with my messups. My boss even said he didn’t even care at this point if it was my medication or not causing my messups at work. I’m panicing that I am going to lose my job and there is no way I will be able to afford that. I need advice on how to handle this situation. They literally told me when I first started that I didn’t have anything to worry about, and now, I’m getting threatened to get my job taken away. And this is a family owned business. My boss literally told me he didn’t care at this point. I’m getting writeups now if it continutes… What do I do?

    Lauren Sep 12, 2019  #59

  • Deborah, I am sorry to hear all that you are going through. In order to answer your question regarding going back on your state STD benefit, we will need more information. Also, are you covered under a private STD and LTD policy? Please feel free to reach out to us for a free consultation where we can learn more and answer questions for you.

    Alex Palamara Aug 3, 2019  #58

  • I live in NJ & I’m 63. I been under a doctors care for years with depression, anxiety & panic disorder. As a nurse, I been pushing myself to work Full time but the job stress was getting bad. I was approved for STD in my state for 3 months till October. If I try to go back to work before October, it caused me stress, what’s next? Can I go back on STD before October? I also I’m on FMLA for 3 months if needed. Honestly I want to try to work but don’t know if I can. My job is very unpredictable. Thanks

    Deborah K. Aug 3, 2019  #57

  • Beth, it depends on your long-term disability insurance policy. Under some policies you can qualify for long-term disability if you return to work part-time and are unable to earn more than a certain percentage of your pre-disability income. However, if you are unable to work at all you may qualify for total disability under your group disability policy.

    Cesar Gavidia May 17, 2019  #56

  • I’m on a reasonable accommodation from work, that allows me to work from home and take more frequent breaks. After my accommodation ends if I can’t work full 8 hour days. Could I file for LTD? Does the ADA accommodation prove I was disabled in case I get fired after the accommodation ends?

    Beth May 17, 2019  #55

  • Susan, you should request a copy of your employer’s group STD and LTD certificate/policy to fully understand the scope of the requirements to file a claim. You can also submit the policies to our office and speak with one of the attorneys to address the specific questions you have regarding your situation and what to expect in the claim process.

    Jay Symonds May 6, 2019  #54

  • I recently had neck surgery for cervical spinal stenosis (2 fusions) I also have lumbar spinal stenosis but I am back to work after 12 weeks off and trying to treat that conservitavely. My office is not doing well financially so I am expecting a pay cut or layoff or possibly a part time status change. I am 57 and have been with the company 9 years in June, I feel like it will be very hard for me to start a new job at my age and with a bad back so I am freaking out a little. I spoke with the new CFO at corporate which is where I was prior to my new position and she pretty much told me I am too old to go back to my Staff Accountant position.

    What are my options at this point if something happens with my job?

    I am not ready financially to retire and I’m not sure if SS disability pays as much as STD if I have to do that.


    Susan May 6, 2019  #53

  • Heather, your date of disability is the day following your last day worked. As long as you were an eligible employee covered under the Group Policy when you stopped working, which looks to be April 10, 2019, based on the above, you would be entitled to file a claim. If your condition prevents you from performing the material duties of your occupation then the surgery is not the necessarily the operative disability date, it would be the date you stopped working due to your inability to perform your occupation. I suggest you contact our office and speak with one of the attorneys to address the specific questions you have regarding your situation.

    Jay Symonds Apr 17, 2019  #52

  • I have a contract with my employer and it is to expire in June 2019. I was on FMLA intermittent till 4/6/19. I notified my employer on 4/8/19 that contingency plan for surgery due to their 30 day notice of leave. I am unable to give specific date as I am waiting on surgeon. I was informed by letter that my last day to work will be July 9, 2019 due to reduction of work, budget.

    I recently contacted my surgeon and he filled out FMLA to start 4/10/19 to December 31, 2019. Still no surgery date due to condition became more complicated when something was found on my brain. If I am able to have my surgery prior to my last day on 7/8/19 will I be able to apply for short term disability now that I have a termination letter and last date?

    Heather Apr 17, 2019  #51

  • Heath, if you went back to work and then you were let go then your LTD coverage likely ended when you ceased to be an employee. You may have a difficult time filing for LTD if your doctor released you. When you say your STD ran out do you mean you went back on STD before you were fired? You should contact one of our attorneys to discuss your options.

    Victor Peña Apr 8, 2019  #50

  • I was on STD for anxiety/depression and tried to go back to work but wasn’t ready. Now my STD has ran out and they let me go can I still file for LTD?

    Heath Apr 8, 2019  #49

  • Jessica, the STD should be paid as long as he met all other terms of the policy and there was no gap in coverage. If there is a gap in the disability and he was not an employee during that gap then your husband’s disability coverage could end during that time and any subsequent claims would likely not be paid.

    Victor Peña Mar 18, 2019  #48

  • My husband was out of work starting in October due to his anxiety and depression (Diagnosed bi polar in 2016 and his employer was aware) and needing his medication to be adjusted. He filled out the FMLA paperwork and short term disability paperwork. The day after his FMLA expired he was terminated via letter that was sent to the wrong address and then a week later we received a phone call that he was terminated. They paid him out for the remaining two weeks of STD that he had been approved for. I called the short term disability company and they said since his claim was good for 6 months he should try to have it extended for the full 6 months. We made the doctors appointment and sent in the paperwork to the insurance company.

    Today the company notified me that his claim was approved and sent the approval to his previous employer. When I called to follow up on how this would be paid out, the HR person told me they were looking into it because he did not feel they should be obligated to pay it as he was not employed with them anymore. Since this claim was open during his employment, they are obligated correct? The insurance company is now telling me (or the rep I spoke to) that since the employer was paying out the benefits instead of the insurance company it could be optional to the employer.

    Wasn’t too thrilled to hear this since the previous two reps assured me that they had to pay it. I am not sure how far to fight this? I already have an employment lawyer that I will be contacting once I receive paperwork from the insurance company regarding his wrongful termination under ADA. Any thoughts on this would be appreciated.

    Jessica Mar 18, 2019  #47

  • Jeremy, if you were no longer considered an employee on 1/2/19 when your doctor certified your disability and your disability insurance expired on 12/31/18 then you would not qualify for benefits. However, you should obtain copies of your short term disability and long term disability policy to determine if coverage actually ended on 12/31/18. It is possible that coverage could extend for a short time beyond your termination date.

    Victor Pena Jan 5, 2019  #46

  • I was notified on 12/3/18 that the company I am working for is closing. We were released from having to report to work on 12/21/18, but being paid under the WARN Law until 2/4/19. I was notified by my doctor on 1/2/19 that I should no longer work due to spinal issues that have been ongoing for about 5 years. Am I still considered an employee that is working or an employee that is laid off?

    I want to apply for short term disability but if I’m considered laid off by a plant closing, then my std insurance expired on 12/31/18 according to their plan.

    Jeremy Jan 4, 2019  #45

  • Troy, who is your disability insurance carrier, and when did they deny your STD claim? Did you file an appeal of the decision? From your fact pattern it does appear that you have grounds with which to fight for disability insurance benefits. However, to determine the extent of same we would need more information. Please feel free to contact our office to discuss your situation with one of our disability attorneys.

    Stephen Jessup Dec 4, 2018  #44

  • I was terminated on 7/3 and also filed for STD on that day. Me and HR had had numerous conversations that STD was the way the Dr was looking at things. 6/8 was the last time I saw the Dr and he requested a job description to see how my company requirements are. The do not accept any restrictions and my Dr wanted to be sure on how to word it. I sent an email for the description on 6/11 and didnt hear anything on it. I followed up on it and got an oops im sorry it was in my draftts folder on the 17th and I got it to my Dr who was on vacation till the 6th of July. 3 days after i got terminated. Between the 18th and the 1st I got 2 write ups. Mainly for lack of service with my customers due to the pain. Mr Drs return to work listed me with Permanent limitations meaning I could never work for the company again. Drs letter was dated 7/6 but was based on the appointment on 6/8. Do I have any chance here? Also the insurance got bought by another company. Are they a little more lenient coming in or more strict. I was turned down only for the termination. I just happened to notice the drs note the other day and the Dates. How does long term work with this and can they back date pay? It’s been almost 6 months. I could sure have used my insurance during this.

    Troy B. Dec 3, 2018  #43

  • Troy, if your doctor certified a date of disability that is before your termination date then you may be able to pursue a claim but you will need to see your doctors and get treatment to provide evidence of your disability.

    Victor Pena Nov 13, 2018  #42

  • I had got in touch with our Disability/FMLA dept to get my job description for my Dr to determine whether I could keep working or not. It took about 8 days to get that. After an email of I’m glad you called again, it was sitting on my desk. Then I sent that in to my Dr. He went over it and was actually off for July 4the week when I got called in on July 3rd and was terminated. Of course being an at will state I cant argue termination. But even if they knew and stalled and got one more write up in on me before termination. Does that sound right. I had filed a harassment, discrimination charge on my boss 3 months before. It showed absolute proof of it and the bullseye immedialely went on me. Retaliation I mean. Not sure who to talk to or where.

    They also did not give me Severence claiming I was at fault (it is Erisa and after 10 yeaars employement 6 months worth). But the unemployment they said termination was no fault of mine. so they gave 2 answers o that. Short term and long term disability are both Erisa and that and FLMA by policy you are supposed to give as much advance notice as possible. I did that and what that really did was give them how much time they needed. I had told them I was picking up the paperwork on Wed and they fired me on Tuesday. Now I had no insurance so cant get hip problems or head trauma issues taken care of and still got to go back to work actually disabled. Thanks.

    Troy B. Nov 12, 2018  #41

  • Rita, your STD benefit may be offset by the amount that you agreed to. It would depend on how much STD you are entitled to. If it is much more than the 6800 then I would file for it.

    Rachel Alters Oct 19, 2018  #40

  • My job wants me to travel 4.5 hours to offices at least once a week. I was a part of the hurricane Florence disaster and my house got destroyed. I have a 86 years old father living with me and have 3 dogs. My friend lives with me and was taking care of my father but just had a total hip replacement. I been employed with this company 10 years. They refused to work with me while I got my home repaired. I decided to ask for a mutual agreement to resign. They agreed and offering me $6800 but I need to sign a release letter. They discovered I was forced to do my work while on FMLA and forcing the release letter signature. In the meantime I am setting up surgery on my foot broken toe and have STD (over 5 years) – should I accept the agreement – and if I do can I file STD or is it just wise to file Unemployment?

    Thank u. Rita

    Rita Oct 18, 2018  #39

  • Lawrence, if you are unable to perform your occupation due to your injury or sickness you can file a claim for disability. If your employer also looks to end your employment through a Separation Agreement (SA) you can do that as well but be sure to speak with an attorney regarding the terms of the SA to ensure that none of its terms and provisions jeopardizes the disability claim. I suggest you contact our office and speak with one of the attorneys to address your specific questions regarding your situation.

    Jay Symonds Oct 16, 2018  #38

  • I was offered a voluntary seperation package from my employer. My doctor says I should go out on short term disability. Can do both or 1 or the other?

    Lawrence M. Oct 15, 2018  #37

  • Pat, you should contact one our attorneys as soon as possible to discuss your options.

    Victor Pena Oct 8, 2018  #36

  • Hello, my name is Pat. I was hospitalized for a near fatal condition. I was encouraged by my manager to not take STD. He suggested I attempt to rehab so I do not loss my pay. I was also told my job would be in jeporady due to performance. So in the middle of my “rehab” I was terminated. Do have a case or was I suckered?

    Pat Oct 7, 2018  #35

  • Chantal, that will depend on large part on how your policy is written. Arguably though, if you were laid off, it would be due to (at least in part) on the medical issues that preventing you from working full time. This argument could then in turn be used to push and support a total disability claim. If you would like to discuss your claim/situation further please do not hesitate to contact our office.

    Stephen Jessup Oct 6, 2018  #34

  • I am currently on LTD but still working part time to allow treatment and appointments. I work reduced by doctors request. My FMLA has been used but my employer approved reasonable accommodations. If I get laid off can I change the part time disability that I am currently on to full time with doctor paperwork completed ?

    Chantal Oct 5, 2018  #33

  • Kimberly, whether you will qualify for STD depends on your insurance policy. You should obtain a copy of the policy from your employer and look for limitations that could apply to you like a pre-existing condition limitation. If you have been with your employer only 4 months then, at best, you have been covered for 4 months. If you have been covered for less time then it is possible for your pregnancy as well as your scoliosis to be excluded from coverage.

    Victor Pena Sep 1, 2018  #32

  • I’ve only been working for 4 months no previous worker history. Will I qualify for STD? I am 8 weeks pregnant but I have sever scoliosis. My job is really hard on my back don’t want to add all this extra stress to my body with the pregnancy.

    Kimberly Aug 31, 2018  #31

  • Elizabeth, generally, you are covered under your employer’s disability insurance only while you are employed with that employer and working the required number of hours. If your employer terminates you, typically your disability insurance coverage ends and you will not be covered for any disability claims which arise after the coverage ends. If your disability claim begins prior to your termination and while you remain covered under your employer’s disability insurance policy, you are still eligible to file a claim.

    Cesar Gavidia Aug 25, 2018  #30

  • If I was on a medical disability for the past 12 weeks, went back to work and was laid off same day, am I still eligible for disability? I was made to give my employer a release letter day before I was to be back at office. If I am able to get my doctor to approve being under disability again, will the pay that I was receiving prior be the same? Or is it lower and closer to what the unemployment pay is? Because I was on disability beforehand, can the company deny a claim? My post paperwork instructions checklist states that disability ends day of termination, but I am confused as to if this is even available anymore? Thank you.

    Elizabeth Aug 24, 2018  #29

  • Michelle, so long as you are covered under the policy, I do not see of a reason not to apply. But please file while you are covered under the policy. Your coverage will end when you aren’t working. So it seems like you must apply prior to 8/24/18.

    Alex Palamara Aug 14, 2018  #28

  • I wondered. I have been told my job is ending 8/24/18. I was originally told that my job would remain here while the rest of the dept was hired in Texas, so I was lied to be several Directors, etc. I have been allowed to work remotely from home for 6 months now with no issues. I have also had several off shore (out of the US) teams that i have been responsible for, for 5 +/- years at this position and 5 +/- at another company. So managing the associates in another location is not an issue for me. Being lied to and now training my replacement, has caused me a lot of stress and anxiety. I have MS… a disability where stress is bad and not recommended. I had a relapse a couple weeks ago and had to be put on steroids. I have started taking anxiety meds in the last 3 months, due to anxiety when driving. I have also started taking meds for incontinence. I saw my Dr last week and he said I should think about Disability at this point. I would like to know if I can file for STD at this point or is it too late.

    Michelle Aug 13, 2018  #27

  • A.G., your friend may be eligible to file a claim for Social Security Disability benefits.

    Victor Pena Jul 20, 2018  #26

  • I have a friend who’s husband was fired from a NYC job for abusing drugs. Years later, he is disabled with lung cancer. Can he receive disability?

    A.G Jul 19, 2018  #25

  • Tasia, if your mom had disability insurance coverage through her employer before she was fired then she may have been eligible to file a claim for disability benefits. However, given that nearly 3 years have passed there may be issues with timeliness of the filing and she will have trouble getting the claim submitted. If your mother feels that working at her former company contributed to her disability then you should contact a workers comp attorney to discuss her options.

    Victor Pena Jul 4, 2018  #24

  • My mom has worked on a job for 23 years. She had problems with bosses making her job much harder. She had a nervous break down. She saids her body ache with pain all over. Her back give her the most pain, some days she can’t walk. She also has a pinch nerve in her neck from lifting pulling and carrying. She just won her SSDI case. The doctor had taken her off of work on 8/31/2015 and said she was in no condition to be working, driving etc. Her job fired her on 9/2/2015. The ALJ judge went back to 9/1/2015 as being the day she became disabled. Is my mom untitled to something from her job for putting her in a disable state? She takes 17 medications, upon starting with the company, she was on none!

    Tasia Jul 3, 2018  #23

  • Tara, your sister needs to be very careful as to how she navigates this situation. Because she took a voluntary separation from her company before claiming disability the disability insurer may attempt to argue that your sister was separated from the company and not covered under the short-term and long-term disability plans when her disability began. If her leave was recommended by her doctor and the reason she stopped working was due to her disability then she may still be covered. As I said, she need to be very careful as to how she navigates her claim. Please contact our office and ask to speak with a disability insurance attorney if you or your sister would like to discuss the matter further.

    Cesar Gavidia Jun 1, 2018  #22

  • My sister took a voluntary separation from her company, her last day will be in July. She has been having issue with her right arm (chemo two years ago). Recently she could not move her right arm, hand, fingers. She could not type and pinching nerve pain randomly. Can she file for short term disability? How does this work given her voluntary separation is in the picture?

    Tara May 31, 2018  #21

  • Nicole, if you were disabled under the terms of your policy before you were fired then they should not have denied your claim on the basis of your being let go. However, if your date of disability is after you were let go then you may be out of luck. If you believe you were fired because of your disability you should contact an ADA attorney as soon as possible.

    Victor Pena May 24, 2018  #20

  • I have a injury in April of this year. I continued to work but notified my employer that I would need surgery. I was terminated on may 8the the same day I filed my short term disability claim. I was paid bi monthly so my company paid my premium from my check 5/10/18 and on 5/25/18. The insurance company said Im not eligible because I’m no longer employed, is this correct?

    Nicole S. May 23, 2018  #19

  • I have not contacted them as of yet. If it would be prudent, I will do so.

    Mr.H May 16, 2018  #18

  • Mr. H, have you contacted the carrier to confirm receipt of the appeal and check on the status? While the automated system may reflect receipt, verbal confirmation is always a good idea given that once received “human error” can misplace or even lose a timely submitted appeal. What’s more, although the lack of any communication is unusual the carrier can, in certain circumstances, “toll” or extend the deadline beyond 90 days to make a determination. Although in such circumstances they are required to provide you with written notice and an explanation as to why they are taking the extension.

    Jay Symonds May 16, 2018  #17

  • A timely (within 180 days) ERISA STD appeal with proper 3rd party medical evidence is confirmed as being received by the automated system disability company 90 days ago (to include the 45 day extention…I live in the district of the 6th Circuit Court), but no response of any kind since. Before I was denied, the case manager opined I would probably need to file for LTD. I was attempting to be healed before that and could have, if my treatment could have continued for the requested additional 6 weeks to correct the problem, 12 wks total. Still under medical care and have good prognosis for a RTW (if they want me) with proper treatment. Before I was on STD, I was a productive employee and was not a discipline or attendance problem, but have been on STD/temporary LTD in the past with said company. What to do now?

    Mr. Hameroid May 15, 2018  #16

  • To the attorney’s,

    After reading the article above and then the responses from the attorney’s, I am very disappointed that attorney’s do not fight for our rights. This is why corporations are allowed to get away with this. If you have a case as listed above in the article, why are you afraid to figh?. As a Nurse, I see my patient’s going through pain and to be kicked when they are down by not having an attorney fight for them makes me question why you chose to be an attorney at all. I hope there are a few attorney’s out there that would take a case, not for the sure win but for the principal and helping to either enforce the law or help change it.

    Now my husband is sick and was terminated, I will continue to prove this is wrong, as long as it takes.


    KELLY Apr 22, 2018  #15

  • Bobby, thank you for your question regarding your short-term disability claim. Despite the severity of your disabling condition, your policy may require that in order to recover benefits you must have a loss of income/wages. Your plan may also offset any short-term disability benefits by any salary continuation that you receive from your employer. You should request a copy of your short-term disability plan from your employer and carefully review the terms relating to recovery of benefits, and specifically whether you must have a loss of income/wages. If you have any further questions, please contact our office and ask to speak with a disability insurance attorney.

    Cesar Gavidia Apr 9, 2018  #14

  • I had a mini-stroke on November 30th. I was hospitalized for three days and used personal time for those days so I lost no salary pay. I have over the last three months had increasing issues and the last two weeks of March I was off work but again because I worked partially from home and then used personal vacation time I lost no pay… Because my employer was giving me issues with missing work, I discussed with my doctor going on short term disability and on Sunday, 3/25 I filed the claim online. I went into work the following morning and planned to talk to the owner about going on leave until I could get through the medical appointments and procedures the doctor wanted to do… when I arrived at the office I was informed my position no longer was needed and they were taking it in a different direction… I was then informed by the insurance company last week that I wasn’t entitled to benefits because I had no lost wages and I was terminated.

    I am confident that the company terminated my employment because of my disability but of concern at the moment is Mutual of Omaha’s position that I had no lost wages and no basis for a claim. I filed before termination and had a recorded disability prior to termination… is there position legally sound or because I had a medically documented disability and filed prior to termination, are they required to pay my claim benefit?

    Bobby Apr 8, 2018  #13

  • April, that is a terrible situation. I suggest you contact an employment lawyer to assist you in protecting your rights.

    Jay Symonds Mar 29, 2018  #12

  • Hello. I am 6 months pregnant and have been paying into my short term disability and am due to go out on maternity leave in June but now my job is trying to fire me over an unrelated incident.

    April J. Mar 28, 2018  #11

  • Elizabeth, every claim scenario is different and the resolution is based on the specific facts and circumstances of the particular claim. If you have a specific question please feel free to contact our office and speak with one of the attorneys to discuss you situation in detail.

    Jay Symonds Mar 14, 2018  #10

  • The answers to the questions above state exactly the opposite of what the article they are commenting on is stating. The comments say you absolutely cannot file a claim after you are terminated and the article above it says you can.

    In denying Mr. Hipple’s claim, Matrix did not evaluate the medical evidence to determine whether Mr. Hipple was in fact disabled before his termination—i.e., while he was still a participant in his employer’s long-term disability program. Matrix was therefore wrong for denying Mr. Hipple’s claim.

    Under the terms of his employer’s long term disability program Mr. Hipple would be entitled to benefits if his disability arose while he was still a plan participant—even if he submitted his application after his termination.To be successful in a claim filed after the date of termination a claimant would have to show that he was effectively disabled before he was fired.

    Elizabeth S. Mar 14, 2018  #9

  • Joan, STD coverage is determined at the time you stop working and in your case you were eligible and approved. Once on claim, your employment status is no longer relevant and should have no impact on your continued eligibility for benefits as long as you remain disabled and satisfy the STD plan requirements.

    Jay Symonds Feb 16, 2018  #8

  • I was approved for std from my employer. Then they terminated me. I live in Wisconsin. Will I still receive my std benefit?

    Joan Feb 15, 2018  #7

  • Brian, as your employment has been terminated your coverage under any disability insurance policy from your employer most likely ended as of the date of the termination. As such you would have no disability policy to even make a claim under. The only guidance I can possibly offer would be to suggest you speak with an employment attorney to determine if you have any rights against your employer arising from the termination. Although we do not handle such cases, we could possibly assist you in getting in touch with an attorney who can better advise you. Please feel free to contact our office to discuss.

    Stephen Jessup Feb 14, 2018  #6

    I’ve had bad knees for the 7 years or so. In june of 2017 the surgeon took xrays and stated that my knees both needed to be totaly replaced, in fact he couldn’t believe I was still working, as I am a chef and always on my feet. After my doctors appointment I went to work and told both bosses that I needed surgery and had the paperwork with me. Work did not want to see the paperwork they just wanted to know when. I told them right after new years and they agreed saying it would be a slow period.

    The last week of november 2017 in inquired about the 12 family f.M.A act with means they had to pay me the first 12 weeks I was out. They agreed, however a week before the surgery they terminated me for no reason. They didn’t even do it in person, it was on the phone! I rescheduled my surgery to march 7 2018, however I don’t know what to do about disabilty. Do I file a claim before surgery? Can I even file a claim? Or wait til march 7th? Thank you for your time,

    BRIAN S.

    BRIAN S. Feb 13, 2018  #5

  • Michelle, if you are terminated your coverage would arguably end as of that date. The only way to ensure coverage is to file a claim for STD before any termination date. As you have experienced that process in the past and returned to work as you were in fear of losing your job, please note that if you are on claim and your employment is terminated you would still have your legal rights under the STD and LTD (if available) policies. Please feel free to contact our office to discuss your situation in greater detail.

    Stephen Jessup Jan 25, 2018  #4

  • My job is causing me great stress and I had a breakdown at work tonight. I was hospitalized a few months back for anxiety and collected short term disability. I also have a back injury that causes me great pain which I also collected STD for but was told by my employer if I didn’t return I would be terminated. Instead I returned and they changed my job title. I am fearful that I will be terminated after this breakdown before I have a chance to go out on disability. My anxiety is so bad that I couldn’t find an elevator where I work that I use daily.

    If my job is causing me to be temporarily disabled. Both the stress and having to walk 7 or miles on an injured back is there anything I can do to make sure that I am covered?

    Michelle Jan 24, 2018  #3

  • Lisa, what is the status of the STD claim? Did you ever file one? Please feel free to contact our office to discuss your situation in detail.

    Stephen Jessup Oct 24, 2017  #2

  • I was fired from Pfizer the day before I was to take short term disability. My short term disability was to begin on 9-27-17, and I was fired on 9-26-17. The reason given was that I sent an email back in July 2017 that was not compliant with Pfizer policy (two months prior).

    Also, I requested STDisability on 9-18-17 and was in process of completing paperwork. Now, I have no job, and cannot afford surgery or any other kind of rehabilitation as COBRA is $1515 per month for me and my son.

    Please advise me and my family if able.

    Lisa M.

    Lisa Oct 20, 2017  #1

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