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terminated while on long term disability

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dar756

Junior Member
What is the name of your state?illinois. i was terminated while on long term disability and insurance was cancelled. i can understand not holding my position after my disablity runs out but are they alloweed to cancel my insurance, i would have thought i would have been able to keep my health insurance will on disability as long as i kept paying the premium. my insurance is self insured so i the only thing is i can think of is they dont want to pay for the hospital bill so they fired me knowing i could not afford the cobra insurance and then they will be out of paying for it. is it legal for them to stop my insurance while on disability? i am still collecting disability i have been on long term disablity for 2 months.the plan for long term disablity is for 24 months. i would think after 24 months then it should cancel. please help? why have long term disablity if their just gonna fire you for using it. something doesnt seem right.
 


cbg

I'm a Northern Girl
Yes, they are allowed to cancel your insurance. They have no legal obligation to keep paying for your insurance after you are no longer employed by them. In fact, they had no legal obligation to continue paying for your insurance after the first 12 weeks you were out on disability (and depending on circumstances possibly not even that long). It's not their fault you can't afford the COBRA - you do not have a legal right to have them continue paying your benefits when you are not longer on the payroll.

Barring a state law that says otherwise (Illinois does not have one) or a binding contract that likewise gives you greater rights, the LONGEST they are required by law to hold your job is 12 weeks. They offer long term disability benefits because they are concerned about their employees having some income if they are no longer able to work. That does not obligate them to keep a job open for two full years and keep paying for insurance benefits for someone who is not performing any job duties.

I don't mean this to be as harsh as I'm sure it sounds, but you are assuming rights that you simply do not have.
 

Beth3

Senior Member
why have long term disablity if their just gonna fire you for using it. You weren't fired for filing a claim for LTD; your employment was terminated because you are no longer available for work and have presumably exhausted all available leave time.

All the long-term disability benefit plans I've seen provide disability payments until the person is 65 years of age (and in some cases longer.) If someone has a disabling illness or injury at a young age, surely you're not suggesting the employer needs to provide health insurance for the next 40 years?
 

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