Out of work for 6months, company says no SSDI

[Wyldrush]

What is the name of your state? FL

I have a employee who needs help. Recently hospitalized and will be out of work for at least 6 months under doctor orders to recouperate. At time of illness Human Resources verified and filled out the form for short term disability insurance. About 1 month later they are informed no SSDI. However when I questioned my paycheck shows a deduction in the DIS/LIFE I am under the assumption it is both being taken out since it is around $9.00 a month and DIS is $2.60 a month for other employees. HR dept claims they do not have the form filled out when they started 9 years ago and I need to produce the form but they do not provide a copy when employees are hired.

Also the insurance company on the disability form says they can not help.

Any advice.. Can he claim benifits??? any grounds for a lawsuit???

 

[cbg]

Are you talking about SSDI, which is provided by the Federal government, or a short term disability policy provided by the employer?

You usually have to be disabled for a year or more to qualify for SSDI.

 

[Wyldrush]

Short term disability thru the employer is what I am referring to.

The employee was disagonised with cancer in Nov and started ChemoTheraopy in Dec but has been very ill from the treatment so doctor ordered bedrest for 6 months.

 

[cbg]

Okay, that's completely different from SSDI, just to let you know so as to avoid confusion.

Your post is not entirely clear. Are you saying that the employee has been having deductions taken out but that the enrollment form was never submitted?

 

[Wyldrush]

On the employee pay stubb in the DISA/LIFE section which means disability/life insurance section they were deducting about $9.00 a week. The employee always thought they have disability to be covered for short term if they got injuried off the job as well as life insurance.

Now the employee is sick and can not work for about 6 months. The HR dept at first said he was covered for employer paid disability when he was in hospital and even filled out the form and sent it to him to sign. Then they changed there minds about 1 month later and claim he is not insured. When asked where the form is, the HR woman said I was not at the company when he was hired and no form is his hire package so since he has no proof, the company says he is on his own. Apparently this is the only form not in his file. But also, everyone else who just has DISA insurance deducted is only paying $2.60 a month so we know there is other deductions.

Do you have any advice in collecting Disability from the employer. The HR dept and owners will not accept phone calls on this issue now and the since his wife works for the company, he is afraid the company will try to fire her if he persues it legally.

 

[cbg]

WHY are they saying he is not covered?

 

[Wyldrush]

They are claiming he never elected the short term disability and he only elected life insurance.

The insurance company when called will not verify any information and he was directed to call his employer for information about his coverages.

 

[cbg]

Then that's what he is going to have to do. Does he remember filling out an application for disability?