Crohn's Disease Disability Help

Question

Disability claim - Terminated from job next day after asking for help due to disability

Asked on June 29th 2023 by Michael T.

I have been working for years with Crons and arthritis related pain in my neck, back, knees and hands for years. I was employed up until December 2022 as a Sr. Compliance & Risk Specialist with Tesla. Prior to that role I was employed as a VP of Compliance and Risk at Bank of America for 16.5 years. During the 8 months I was working at Tesla I received stellar performance reviews and worked remotely in Irvine, CA. Tesla management asked all key executives to move to San Franciso/Fremont area which would have been approximately 380 mile relocation of my family. I asked Tesla HR for help to discuss the relocation mandate since I had a disability that would made the move difficult if not impossible. The day after I asked Tesla HR for help I was laid-off. I have been struggling on unemployment and dealing with my back and other arthritis related pain as well as massive flare ups (abdominal pain, vomiting, fever, lack af sleep and food for days) from my Crons Disease. Please let me know if there is any chance of being able to qualify for a disability claim in my situation. Thank you in advance for any help you can offer.

Answer

Answered on June 29th 2023 by Attorney Stephen Jessup

If you were covered under a group disability policy as part of your employment with Tesla you may be able to make a claim for disability. However, the issues that will arise will be (1) coverage- the carrier would argue that as of the day you were terminated you were no longer covered under any group disability policy and since there was no claim filed prior to termination you would not have coverage. (2) There would need to be doctor certification that your condition was preventing you from performing the material and substantial duties of your occupation as of the day before termination. (3) Date of disability is determined as the first day missed due to the disabling medical condition. The carrier would argue that the first day missed (aka date of disability) was the day you were terminated and no longer covered. If you have your own private disability policy you purchased through an agent or insurance company directly, then a road to a claim would be easier. Lastly, California does provide state disability benefits so you would have the opportunity to apply for those benefits. Please feel free to contact us should you have any additional questions or want to discuss the matter further.

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I am a physician in my 30s who was practicing in my hospital based medical specialty until my Multiple Sclerosis diagnosis began to severely limit my physical ability to work.

My husband and I were obviously in distress at these very unwanted life changes and frankly overwhelmed with the possibility of a long and traumatizing legal battle ahead of us. We knew we were legally entitled to benefits through the separate private individual and employer based ERISA disability insurance policies we had, but even cursory research and discussion with colleagues made it clear that insurance companies will strategize with their own legal teams to find ways to not pay out benefits. We found many before us who had fallen unwittingly into legal pitfalls that prevented them from ultimately obtaining benefits. We realized we needed to seek legal counseling.

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We are happy to announce we just received approval of claim from the Hartford insurance company.

At this time we are still working with this firm as we await the final decisions from Ameritas policy that we are hopeful will have a similar outcome.

As anyone with a chronic and progressive illness can tell you, time becomes a very precious commodity. Through their representation, Dell Disability Lawyers has allowed us to focus the majority of our time enjoying the time and function I have left while resting assured that our disability case laid in competent and caring hands.

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We will certainly plan on leaving another review for completeness once we have our final decision from Ameritas.

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I have been working with Dell Disability Lawyers for the past 5 years concerning my disability as it pertained to my employer. I have been more than pleased with them the entire time. They have always kept me informed of any paperwork needing completed or any changes coming ahead. Nothing has been a surprise. I would recommend them to you to help with your disability case if you’re trying to dip into the policy you’ve been paying for.

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I am a physician who has been disabled for over 10 years. During this time I have been represented by Cesar Gavidia and his assistant, Danielle Lauria. Their representation on my behalf has allowed me to concentrate on dealing with my disability/disease process and all associated complications and not having to deal with all the things that are necessary in a disability insurance claim. Based on my personal experience from many years of practicing medicine I would consider their work product, insight and effort in the disability insurance claim procedures to be superior. I would recommnend them, which I have done, with my highest level of confidence. In short, you will be well served with this practice.

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I had to retire from my career due to a bad back that restricted me from performing my duties. I had LTD insurance and after a few years of receiving monthly benefits from this insurance company, they notified me that my benefits were terminated stating that I don’t qualify due to my duties not fitting into some “national job description” and a nurse had deemed me eligible to go back to work. It’s a crushing feeling to have this told to you over the phone with hardly any information given. Luckily, I came across Dell Disability Lawyers and spoke with Attorney Palamara who calmed me down and stated they would take my case. Within a couple of months my benefits were restored, and I had piece of mind. I cannot thank Attorney Palamara and the staff at Dell Disability Lawyers enough for their professionalism, no nonsense approach, personal and timely communication and quick ability to litigate my case.

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I would like to thank Dell Disability Lawyers for taking care of my case and help me get the insurance coverage that I was rightfully in need of. Specially, I would like to thank Attorney Alexander Palamara and right-hand legal assistant, Sonia Nogueira, who made this process less stressful. They answered all my questions and kept me informed every step of the way.

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