Laid off while on Long Term Disabilty--any advice?

What is the name of your state (only U.S. law)? FLORIDA

I have been out of work since July 16, 2008 & was on STD until Oct 14. My STD was converted to LTD and it has been approved from Oct 14 through Feb 09. I received a call 2 weeks ago from my manager & she said "Whenever you are ready to come back to work, I'm sorry, but we won't have a spot for you". We are a small company (Title Company) and are owned by a group of Commercial Real Esate attorneys. I asked about my benefits & she said it shouldn't change. The company pays for my portion of my health care & disability policy. (I pay for life insurance, dental & vision). We are a very small company that does not meet the 50 employee minimum for FMLA so that has not factored in.
Well, yesterday, my manager called me again & said that they are going to terminatate me effective 12/31/08 and they would send me some insurance info in the mail (I am assuming COBRA).
I don't think I can afford the high COBRA premium and am going to try to get on my husbands policy (my concern is they may not cover pre-existing conditions). I am having another big surgery in Feb & need coverage!

Anyways-----------right now, my second biggest worry (besides not having health coverage) is the status of my LTD.... Does that continue on since it was approved & active before I was laid off? At this point I really don't want to call the LTD insurance provider---I want to have a little background & some info so I am prepared to ask as many questions as necessary.

I guess that my employer has the right to terminate me & I don't really have a leg to stand on but was hopeful they were going to keep my benfits in force. WRONG!! Have they set any precedent since they have been paying since July---or was I just Lucky?!

Also, I was not the only one laid off---they are downsizing because the real estate market in in the crapper so I don't believe I would have grounds for any type of discrimation either.

I am hoping for any type of tips, advice etc to help me get through this.
THANKS so much for all the expert advice

When you transfer directly from one employer sponsored plan to another with no break in coverage (or a break no longer then 63 days) then the new plan can not impose any pre-existing condition clause.

Make sure you get enrolled in your husband's plan within 30 days of your current coverage ending, that is the window that you have to be added to the plan outside of open enrollment.

You will have to ask the LTD provider about your benefits after your employment terminates.

Ltd

Long Term Disability is JUST THAT!!! Oct. ---- Feb. is not long term!!! You paid for it or your employer paid for it so you reap the benefits!! The fact you were laid off is irrellevant, your LTD will run however long your disability runs within reason for that type of benefit.

Unless you work for OP's LTD provider, you can't know that for sure.

More info.

Thanks for the replies. My LTD was approved through Feb. & then they will re-evaluate & get more med records up to date from what they last received. I am having another surger in Feb. and know I will still be disabled for at least 8 weeks after that. The claims examiner is aware of this & said it will be no problem extending when the time comes. This string of illness/surgeries began in Jan 08 & I have been hospitalized 5 times. After the 3rd surgery in July I haven't been able to return to work at all and thats when I began STD. (STD was 7/16-10/14/08; LTD began 10/15/08).

I think I need to get the ball rolling to apply for Social Security. I know that takes eons to get approved but while I'm collecting medical records & info for the LTD insurance company--I should keep a copy and get ready to file SSi.


So---am I clear in thinking that even though I am terminated from employment as of 12/31/08 that my LTD benefits should be uneffected?

thank you

gatrz1998 said:

So---am I clear in thinking that even though I am terminated from employment as of 12/31/08 that my LTD benefits should be uneffected.

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That's correct. Just because your employment terminates 12-31-08 does not mean your LTD benefits will. They will continue as per your LTD policy provisions. It is very rare that your disability benefits terminate when your employment does. Per your post, it seems your LTD benefits have been approved beyond your date of termination.