To say that we’re living in uncertain times is an understatement. In the past few years, we’ve seen a global pandemic, rising inflation, a war in Europe, and a bubble real estate market that might be ready to burst.
Big tech companies like Meta, Netflix, and Salesforce, just to name a few, have recently announced hiring freezes and layoffs. Other companies might be following in their footsteps.
A typical severance package usually involves the laid-off worker signing an agreement saying they won’t file any claims under their benefits package.
If you’re sick or injured and are still working because you think it’s best to “tough it out”, you’d be wise to rethink that decision.
Your long-term disability policy may only cover you until your last day at work
Every policy is different, so it’s important to read your insurance policy so you can better protect your rights, but unfortunately, it’s not uncommon for many insurance companies to argue that you lost your coverage on the last day you worked. If this happens, it will be very difficult to prove your claim, especially if there is no medical record or written proof of your illness or injury.
In addition, most company group insurance policies are covered under ERISA (Employee Retirement Income Security Act).
ERISA is a federal law that sets minimum standards for most established retirement and health plans in private industry to provide protection for individuals in these plans.
While that might sound like a good thing, there are some peculiar aspects to the law that may impact your ability to make a claim once your eligibility ends.
The time to file a long-term disability claim is when you are still covered under your policy
If you file for long-term disability after being fired or laid off, your insurer may deny your claim on the basis that it’s not legitimate. They could argue that you’re not disabled, and that you’re only seeking benefits because you no longer have income.
Maybe your boss knows that you’re sick. Or maybe they don’t. Regardless, if your illness or injury is impacting your ability to work you could be an easy target in a company layoff.
Giving up your job is a difficult decision. But if you’re dealing with a disability or injury, it’s almost always better to file your long-term disability claim before you get fired or laid off.
If you are afraid of losing your job, or if you’ve already been fired or laid off and need to file for long-term disability, we’d like to help. The process might not be easy, but we have 30 plus years and a 98% winning record fighting the insurance companies. Use the blue contact section NOW to call us, live chat with us, or message us using our confidential contact form.
At Tucker Disability Law we don’t settle for less. Neither should you.
