Disabilty leave and layoff notice

[pb909]

I was planning to go out on STD and then once expired to LTD that my employer offers.

I am in the process of having my doctor complete the STD form my company requires, but it is not done and submitted yet. I just received a layoff notice with my last day in 30 days. It is a company wide layoff as opposed to just me.

Does anyone know if I will still be eligible for STD?

Thinking someone here has run into this so I'm asking before going to my employer's HR. Thanks.

[KitOP]

Speaking from a similar but not exact experience.

I went on STD which progressed into LTD per the company's policies. But I had to be on STD for I think it was 6 mos before the transition took place.

This was 7 yrs ago, so I don't remember exactly. So I went on LTD and was able to be considered LTD for 1 yr and then had to file for SSDI. Once I was approved for that, I was no longer considered LTD, but medically retired from the company. Since I now receive SSDI, I get a stipend of $50 a month from the company since I am not 65. It's not much, but it helps pay a bill.

Recently the company that I worked for closed it's doors. I guess I was a bit lucky that I get to keep my $50.

But each companies policies are different. Their policy regarding STD to LTD may be very different. And since you've not even been approved for STD, it may be a moot point.

If I were you, I think I would be calling HR just to be sure. Might put your mind at ease a little bit. At least with the layoff, you will be eligible for unemployment and perhaps a decision on whether to file for SSDI can be made during that time.

Best of luck to you. These are not easy decisions, or an easy predicament to be in right now.

[MSW1963]

pb909, provided the date of disability is prior to the date of termination, claims for STD and LTD should be honored, assuming you meet the 2yr pre-existing conditions exclusion period in the LTD policy.

With a corporate downsizing, there may be other factors involved, such as a company changing or restructuring benefits or LTD carriers, or eliminating LTD during a re-organization.

I recommend contacting an ERISA/LTD attorney based on the possible complications that come with disability that coincides with a corporate downsizing/re-organization.

Your local chapter of the NMSS should have a referral list of qualified attorneys.

Best of luck

[pb909]

Thanks for your replies - Here's an update on what happened:

I did contact HR and my Manager and was told if I apply for STD and it's approved before my layoff date I would go out on disability with my end date put on hold.

My STD was approved and I can be out on it for a maximum of six months and then heading towards LTD (if approved) and SSDI.

My LTD policy will require me to apply for SSDI since my LTD benefit will be reduced by the amount of SSDI benefits awarded.

[KitOP]

I'm so glad that your STD got approved. It must be a bit of peace of mind for you.

It sounds like what I had described, 6 mos on STD then on to LTD and then SSDI.

Good luck with everything!