moving while on LTD

[anotherprop]

What is the name of your state (only U.S. law)? MA and NY

Hi everybody, I am currently on LTD, and I'm still technically employed. My doctor has told me that I will not be able to return to my job.

I am very seriously considering moving out of state, from MA to NY. I had a few questions for the forum that I'd like to ask.

-Am I under any obligation to tell my employer if I move out of state?

-Can my LTD benefits be terminated if I move out of state even if I can prove my continued disability?

-If I am eventually terminated by my employer, does the insurance company have to keep paying LTD benefits as long as I can prove my disability?

-On a related issue, my LTD carrier has required me to apply for SSDI, which I have done. If I get denied, will I have to file the appeal from my new location, or would my current lawyer in MA handle it?

Thanks!

 

[cbg]

1.) You mean, is there a law saying that you have to tell your employer? No, there isn't. But if you don't tell them, don't post here crying when you don't get notifications of changes to your policy, or any tax forms, or any other materials they may have to mail to you. There is NO purpose served by hiding your location from them. You aren't contemplating potential fraud, are you?

2.) I haven't read your policy, but I have been administering employer-sponsored plans for coming up on 30 years and I have NEVER seen or even heard of a policy where benefits were forfeit if you moved out of state. Why should they be? You're just as disabled in NY as you are in MA. Why should they care where you live if you're not coming back to work? It would be practically unheard of for your benefits to be cancelled unless you live in MA.

3.) Again, that depends on your policy, but in the same 30 years I have never seen and only once heard of a plan where benefits were forfeit if your employment terminates. In the overwhelming majority of plans, once the carrier accepts a claim, benefits continue until either you are no longer disabled, or the period of disability, if finite, runs out.

4.) IF you needed a lawyer for an appeal, you would need a lawyer licensed in the state where you were living at the time. Unless your MA lawyer is also licensed in NY (possible but by no means guaranteed) you would need to find a lawyer in NY to handle it.

It really does sound as if you are contemplating fraud. Good thing your location doesn't invalidate your benefits after all.

 

[anotherprop]

Thanks for the advice. But how do you reach the conclusion that I am contemplating committing fraud? The only reason that I asked the question about notifying my employer is that I am trying to figure out how to avoid losing the health insurance that I need. I worry that if I change locations, my employer may terminate me, leaving me with no insurance to help me with the medical costs of my disability. If it comes down to it, I will stay in MA just avoid losing my official employment.

 

[cbg]

You made it pretty clear that you didn't want your employer to know that you were out of state. If you weren't contemplating keeping benefits that (you thought) you'd lose if you moved out of state, there would be no reason to hide your location from them. And keeping benefits that you're not eligible for by not being honest about your location, is fraud.

But as I said, it's exceedingly unlikely to the point of being unheard of that your benefits are dependent upon your remaining in state, or, for that matter, remaining employed.

 

[anotherprop]

Alright, well thanks again. I have no intention of committing any fraud. I'm just trying to make the right decision about where to live under the circumstances than I'm dealing with.