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  1. #1
    dedeaux2 is offline Junior Member
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    Can I still receive STD benefits if I am term by my employer?

    What is the name of your state (only U.S. law)? Illinois
    I am currently on short term disability from my employer and I have the protection of the FMLA for 12 weeks, but my 12 weeks ends on 04/28/12, this is before I can go onto to LTD. Right now I am working 16 hrs per week by doctor's order. He indicated that due to my health impairment (Parkinson Disease) I will be limited in my performance; therefore he indicated that I can only work part-time. My employer expectations are the same requirements that of a full time employee. I work in inside sales, therefore my monthly targets doesn't change because I'm working less hours. I know that my employer will term me at the end of the month because I just haven't been able to meet my target for this month. My question, will I still be able to continue my STD & apply for LTD when I become eligible? By thee way the STD is for 13 weeks and the LTD is only for two years.
    What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)? IllinoisWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  2. #2
    cbg
    cbg is offline Senior Member
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    That is going to depend entirely on the terms of your STD and LTD policies, which we have not read. It's not determined by law, but by the insurance contract.

    Someone in your HR or Benefits office should be able to answer your question.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  3. #3
    dedeaux2 is offline Junior Member
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    Thanks cbg for your answer, here's the address to my company's diability insurance benefits. I do not make over $100k, I am in plan 2.

    [url=http://www.standard.com/mybenefits/apollo/std.html]Apollo Group, Inc. - Group Short Term Disability Insurance[/url]
  4. #4
    ecmst12 is offline Senior Member
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    If you read the policy, you should find your answers.
  5. #5
    dedeaux2 is offline Junior Member
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    Quote Originally Posted by ecmst12 View Post
    If you read the policy, you should find your answers.
    Thanks, I read the policy, I just wanted to make sure I had a clear understanding. I was recently told by my company's HR representative that I should resign, because I am not able to work full time due to my health impairment. The company doesn't have any part time positions open. Currently I am on intermittent FMLA for part time work days from my doctor, which runs out in three weeks. The policy indicates that my coverage ends with the termination of my employment, inwhich I will lose my disability benefits. Did I read that right? Could a company terminate me due to fact that I am not able to work full time, inwhich the insurance carrier term the policy because I am no longer an employee. Isn't this a catch 22? In other words, an employee who files for LTD with the Apollo Group will never receive benefits, because if you are disable due to your health, you can not work therefore company can term you and the insurance carrier can term your policy.
  6. #6
    cbg
    cbg is offline Senior Member
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    I can't see your benefits; when I click on your link, I get a login page for which I need an ID and password.

    However, the very, very, very, VERY large majority of STD policies are set up so that when they say benefits end with termination, it means that no claims after the date of termination will be started. However, claims ALREADY IN PROCESS at termination will continue, INCLUDING a transition over to an LTD claim if needed. It does NOT mean that benefits already started will categorically end, or that no LTD benefits will ever be paid.

    Did you ASK your HR representative what would happen to your benefits, the way I told you? Or did you just make an assumption based on what you believe the policy was saying?
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  7. #7
    dedeaux2 is offline Junior Member
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    Quote Originally Posted by cbg View Post
    I can't see your benefits; when I click on your link, I get a login page for which I need an ID and password.

    However, the very, very, very, VERY large majority of STD policies are set up so that when they say benefits end with termination, it means that no claims after the date of termination will be started. However, claims ALREADY IN PROCESS at termination will continue, INCLUDING a transition over to an LTD claim if needed. It does NOT mean that benefits already started will categorically end, or that no LTD benefits will ever be paid.

    Did you ASK your HR representative what would happen to your benefits, the way I told you? Or did you just make an assumption based on what you believe the policy was saying?
    Thanks CBG for your reply, I copy and pasted the part of the certificate for your review.


    When does my insurance coverage end?
    LTD insurance automatically ends on the earliest of the following:
    The date the last period ends for which a premium contribution was made for
    your insurance
    The date your employment terminates
    The date the group policy terminates
    The date you cease to be a member; however, insurance may continue for limited
    periods under certain circumstances described in the group policy
    If your coverage under the Buy-up LTD Plan ends because of your non-payment of
    the required premium, you will automatically be insured under the Basic LTD Plan
    provided the group policy remains in effect and you remain eligible for this coverage.

    This is the part that concerns me.
  8. #8
    cbg
    cbg is offline Senior Member
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    Unfortunately, I cannot give you a carved in stone answer based on one paragraph of the policy taken out of context.

    Is there some reason why you are so adverse to asking the only people who would be able to give you a definite answer - your one HR department?
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  9. #9
    dedeaux2 is offline Junior Member
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    Quote Originally Posted by cbg View Post
    Unfortunately, I cannot give you a carved in stone answer based on one paragraph of the policy taken out of context.

    Is there some reason why you are so adverse to asking the only people who would be able to give you a definite answer - your one HR department?
    I did get an answer from my HR dept, it was pretty much what you said and thank you so much for responding. I do have another question regarding going to school for a career change, where there is less fine motor skills are require. In your experience with dealing with ERISA plans, do they allow for going back to school?
  10. #10
    cbg
    cbg is offline Senior Member
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    In my experience, if you're well enough to go to school, you're well enough to go to work, and benefits would *probably* stop. However it's going to be very, very situation specific, factoring in the exact definition of disability, the specifics of your individual condition, the terms under which you are going to school (i.e. online classes might be approved where physically attending classes on campus may not), and very likely whether you're talking about STD benefits or LTD benefits. I suspect LTD benefits might be more flexible than STD. But once again, ONLY your HR department or the disabilty carrier will be able to tell you for sure. (FYI, it has very little, if anything, to do with whether it's an ERISA plan or not - that has more to do with taxation and administrative issues than it does with the terms of your eligibilty.)
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.

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