fired during disability

[diamond42]

What is the name of your state? Ohio

injured in car/motorcycle accident in 1994 - head injury, etc. employer's atty & my atty are one & the same. was supposed to have 1 year disability benefits from employer. 6 months into disability I was fired & disability benefits from employer ceased while I was still recuperating. was awaiting decision from social security for disability benefits at that time. was awarded permanent disability benefits from social security shortly after being fired. still am on permanent disability. was in management position. was there or is there anything that can be done?

thank you

 

[cbg]

Excuse me, did you say this happened in 1994?

You don't have a case because your employer kept your job open for longer than the law requires them to. After 12 weeks if you are unable to return to work they are legally allowed to termiate your employment. That your disability payments ceased is the fault of the disability insurance policy - some policies do continue to pay benefits after the termination of employment and it's a shame that that's not the way your contract read. But even if you did have a case, eight years after the fact it's almost certain past any statute of limitations.

 

[Beth3]

No. This all happened eight years ago. You've waited far too long to address this. Every employer's group health plan I've ever seen has a two year (or shorter) limit on submitting claims or challenging a decison. Carriers purge their records regularly and everything over 24 months is destroyed and/or deleted off their computer system.

Regarding the employer's decision to terminate, same issue. You haven't given enough information to establish if any violation of the law occurred but it's a moot point. You are years past any statute of limitation that would apply.

Did your attorney ever utter the phrase "conflict of interest?" Attornies are bound by the ethics of their profession to aggressively represent their client's best interests. They obviously can't do that if they are representing both sides in a dispute. He should have pursued this for you eight years ago. It's way too late now.