• Do I Have to Quit My Job Before Applying for Disability?

Do I Have to Quit My Job Before Applying for Disability?

The term “disabled” is generally seen as synonymous with “unable to work.” But do you really need to quit your job before you apply for long term disability insurance benefits? Because many long term disability policies are provided through an employer, quitting your job could mean losing your coverage entirely. Learn more about how your employment status could impact your claim for disability benefits and how a disability insurance attorney can help.

How Getting Laid Off Could Affect Your Disability Insurance Claim Approval

In the legal field, there are fairly few hard-and-fast rules – everything from the interpretation of a contract provision to which court is the proper venue can seem like a question up for debate. But when it comes to disability claims, there are two things it’s crucial to keep in mind:

If you quit your job, you’re likely to lose your disability insurance coverage. And if you’re laid off or furloughed, you may also lose your disability insurance coverage – but if you’ve already documented that you have an injury that limits your ability to work, you may still be able to make a disability insurance claim under the long term disability policy. You may want to consult a disability insurance attorney early in the process to see when it makes sense to submit a disability claim and how to appeal a potential denial of coverage.

Your HR Department Is Required By Law To Provide A Copy of Your Disability Insurance Policy

In some cases, especially if you have a large employer, you may be able to access a copy of your disability carrier’s insurance policy online. But if you can’t find it, your employer’s human resources (HR) department is required by law to provide you with a copy of your disability insurance  policy upon request. Federal and state laws prohibit employers from retaliating against an employee on the basis of their disability (including a suspicion that the employee is about to seek disability insurance benefits) – but if you’re worried about tipping your hand, you can easily tell the HR representative that your financial advisor, insurance agent, or estate lawyer instructed you to get copies of all your insurance policies, including life, health, and dental.

Never Quit Work Before Filing For Disability Income Benefits

We’ll say it again: never quit your job before you file for long term disability benefits. Voluntarily quitting employment (even if quitting may seem involuntary because of the effects of your disability) denies you many of the legal and financial protections you’d enjoy if you were laid off or furloughed.

For questions about how to apply for disability income benefits, contact Dell & Schaefer today. Our network of experienced disability insurance attorneys practice in every state, and we can provide you with a free initial consultation to discuss the merits of your disability insurance claim.

Comments (7)

  • I quit my job while waiting WC decision. I was denied, can I now apply for STD?

    Vicktor Sep 12, 2022  #7

  • Virginia, I am sorry to hear of the issues that you are having. We assist people with short term and long term disability insurance claims under policies they are covered under by way of their employment. I am more than happy to have a conversation regarding such in order to assist you with such a claim. With regards to a potential disability insurance claim, I would not resign until you are ready to file a claim for disability benefits and you must speak with your medical providers first in order for one to pull you out of work due to your disabilities. Once you resign or are fired, your coverage under your disability insurance policies end as soon as you are not actively at work. Thus, you may wish to start this process of filing for disability benefits ASAP. Please contact us at once, we always offer a free consultation and typically represent people under a contingency fee arrangement.

    Alex Palamara Sep 9, 2022  #6

  • I had a stroke 11 years ago and was denied disability by the ALJ. I have had epilepsy as well since birth. I went back to work (nurse) and have been written up several times under different bosses because I’ve made mistakes and he admits I’m manually slower than my coworkers, although those aren’t on paper. I had to get a doctors note for the place of work stating my disability. I’m on the verge of being fired. Should I wait to be fired or resign?

    Virginia S. Sep 8, 2022  #5

  • I am being laid off effective May 13 and I will lose my disability policy through work. I was injured about 13 years in a motorcycle accident and have a failed back fusion and have been fighting degenerative disk disease and chronic pain for these years with a severe increase in pain, movement, and quality of life this past year after 3 falls, medications, and reduced activities leads me to believe it is time to apply for disability.

    Karla Apr 15, 2022  #4

  • Kendra: I assume you are referring to applying for long-term disability since you are already on short-term disability. If the same carrier has both for your employer, they should/will transition you internally without the need for you to specifically and separately apply when you reach the maximum benefit period for the STD coverage.

    Jay Symonds Apr 25, 2021  #3

  • I am on short term disability right now, had hip surgery. I also have multiple sclerosis and I work hospital to go up and down halls and can no longer do it. Wondering if I should apply now for disability? And if there is someone to help fill out paperwork.

    Kendra Apr 24, 2021  #2

  • Hello! Recently I left my job because of anxiety (due to Covid) and / also I am taking care of my parents. Both of these reasons prevented me to meet the qualifications for my job. I have been researching, I found that these two situations are grounds for disability and / or FMLA. Question is: My last day of work is Oct 16th, what options are available for me to get support (for this today) through my last employer? With both situations, documentation to validate both are present.

    Richard M. Dec 18, 2020  #1

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Questions About Hiring Us

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Jodi C.

Despite the fact that I work at a law firm who handles different types of cases, I had an incredibly difficult time finding a firm that would take my disability case against Northwestern Mutual. I was so pleased when Dell & Schaefer agreed to represent me. This has been an extremely stressful and difficult time trying to receive the benefits which I was owed, while also dealing with serious medical conditions and physical limitations. My main diagnosis is fibromyalgia syndrome, which has completely changed every aspect of my life. I could not ever have imagined that I would be so lucky as to find such a firm as Dell & Schaefer and an attorney like Alex Palamara.

From the very beginning, he and his staff were so very helpful, knowledgeable, kind, understanding and committed to me and my case. I have now learned that disability cases against private insurance carriers are very different than a social security disability claim. I had to completely rely on Alex Palamara’s professional knowledge and experience with my case. Alex, his firm and his staff went above and beyond to assist me in every way. They were very clear in explaining these types of cases, and my case in particular. Working in the legal field as a secretary, I know how frustrating it can be for clients when they don’t have regular communication with their attorney, or have questions that need to be answered.

Alex always immediately responded to me and answered every question I had. He also always made sure that I was given any update or new information regarding my case. I could not be happier with the representation I received from Alex Palamara and everyone at Dell & Schaefer. From the very beginning, through and including mediation, Alex was completely prepared regarding every aspect of my case, medical condition, limitations, extensive documentation, and my situation in every way. I truly do not know what I would have done had I not found Alex Palamara and Dell & Schaefer to represent me in this matter. I normally hesitate to recommend a professional to others, but not in this case. I would very highly recommend Dell & Schaefer, and especially Alex Palamara, to anyone with a disability claim in need of representation. Despite the awful personal situation that brought me to Alex and his firm, he and his staff made it as stress-free as possible, and brought my case to a close in a professional and respectful manner and timeframe.

***** 5 stars based on 202 reviews

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