Question
Can I still get my short term disability benefits if I'm terminated?
I currently have a claim and have been receiving short term disability. My FMLA runs out in a week and if I am not able to return to work with “reasonable accommodations” my company considers this a resignation according to their Employee Handbook. I am unable to return to work period at this point. Will I still get my short term disability payments, and if needed in the future will I still be eligible for long term disability payments? My doctor said to expect to be out a year. It has only been 3 months and I am scheduled for surgery in 3 weeks.
Answer
C. Freeman, even if you are terminated you would still have legal rights under your policies. Your rights under same are “time stamped” as of the date of your disability – when you were fully covered and insured – so there should be no issue in you maintaining your rights to coverage under the policy. That being said, the insurance carrier could still try to deny your claim based upon its ongoing review. If you have any other questions please feel free to contact our office to discuss how we may be able to assist you.
