Lincoln Financial
Seems unfair and illegal that an employer can fire someone for being disabled and then the insurance carrier can turnaround and deny benefits on a case that began prior to termination
I applied for STD in August. Lincoln dragged their feet and took about 30 days to review my claim and after many calls to them they finally paid me for 4 weeks. After that it continued to be a struggle to get additional benefits paid. They wanted medical records from my doctor almost every week, my doctor only sees me on a monthly basis and stated so in a letter he wrote to Lincoln. In addition it also takes some time to get the office visit notes from the doctor’s office since they do not give it you on the same day as your visit. Lincoln still continued to only extend my claim at past 1-2 week intervals and by the end of October I was 4 weeks behind in STD payments. In the meantime my FMLA for the year ran out and my employer of 17 years terminated me on November 1st because I was still unable to perform my job due to my disability. Since at the end of October it had been 4 weeks since Lincoln had received any medical office notes from my doctor they closed my case. In November I was able to send them all of my treatment plan and office visit notes from my doctors but Lincoln denied my appeal because according to them I am no longer eligible since I was terminated on Nov. 1st. I asked my HR representative if this was true as per their policy and they said it was, no STD eligibility after termination. Seems unfair and illegal that an employer can fire someone for being disabled and then the insurance carrier turnaround and deny benefits on a case that began in August prior to termination. This almost seems like fraud to me for letting employees believe they have STD for up to 26 weeks when they have the right to fire you after 12 weeks of disability and make you ineligible for any further benefits. My former employers STD was self funded could this be the reason? I feel like I’ve been totally screwed by my employer, can’t collect STD and since I am not able to work, can’t collect my unemployment benefits either The state of Florida has no state disability so what is a person to do if they have no other resources, become homeless?
Reply
Yvana, if you are continuously disabled before termination, then you should still be eligible for STD and possibly LTD benefits even if you are terminated. You need to appeal the denial and if you win, then past due benefits should be paid. If you file for unemployment then the chances of winning your claim are slim as you are certifying that you are ready, willing, and able to work.
