One of the most common questions we receive is, “can I be fired while I am out of work for disability?” In terms of qualifying for long term disability insurance benefits, the primary issue is whether your disability began before your employment ended or before you are terminated. If you are fired while on disability leave, you may have a separate employment claim for wrongful termination.
So long as you were on long term disability (LTD) before you were terminated, then you will still receive benefits regardless of termination. The focus is on the date when you became disabled and stopped working. For example: If you became disabled on March 24 and started to receive benefits on April 15th, but your employer fired or laid you off on May 1st, you should still receive your LTD benefits. However, if you were fired on March 24th and you filed a claim for disability alleging a disability onset date of March 25th, then you may not be qualified for benefits.
What Do You Do If Your Company Terminates Your LTD Benefits After They Fire You?
The first thing you need to do if your company terminates your LTD benefits is to check your policy. As stated above, you should be eligible for benefits if you were disabled prior to being terminated and you met the eligibility requirements for the policy. It would be a good idea to contact an LTD insurance attorney who can help you navigate the process with the insurance company.
It’s important to note that your long term disability attorney does not get paid until you do so that you can proceed with your case without fear of upfront legal bills or costs.
Although based in Florida, the Ortiz Law Firm represents claimants across the United States. If you’d like to speak to an experienced long term disability insurance attorney about your denied claim, call us at (888) 321-8131 to schedule a consultation. We can help you evaluate your claim to determine if you will be able to access long term disability benefits and how to move forward with the process.