One of the most common questions we hear is: "Can I get disability benefits if I am terminated from my job?" The answer is complex, and it often depends on the timing of your disability and your employment status.
Key Takeaways:
Timing of Disability Matters: Disability insurance coverage provided by your employer is tied to your employment status. However, if your disability began before your termination, you may still qualify for benefits, even if you lose your job later.
Courts Protect Efforts to Keep Working: Courts recognize that many individuals with disabling conditions push through work until they can no longer continue. Legal precedents ensure that individuals are not penalized for their efforts to stay employed. Documentation and timely medical evidence are key to proving that your disability existed while you were still working.
Steps to Take If Your Claim Is Denied: If your disability claim is denied, don't give up. The appeals process is crucial, and with proper legal support from an experienced long term disability attorney and medical documentation, you can get approved your disability insurance benefits.
Understanding Employer-Sponsored Disability Benefits
If you receive short-term and long-term disability insurance coverage through your employer, those benefits are typically tied to your employment. In that situation, the disability insurance coverage is part of your employee benefits, along with life insurance, health, dental and vision insurances. You are entitled to this coverage because you are an employee of the company and eligible member of their employee benefit plan.
This means that once your employment ends, you may no longer be eligible to file a new disability claim. For example, if, after your employment ends, you suddenly fall ill and need to submit a disability insurance claim, you may be denied because your disability arose after your employment ended and thus your coverage under the employer’s disability insurance policies ended as well.
However, there is an important exception: if your date of disability precedes your date of termination of employment, you may still qualify for disability insurance benefits.
This distinction can be confusing, but it is important to understand. If you became disabled while still employed, even if you continued to work for a period of time despite your condition, you may have a valid claim for disability benefits if you lose that job. The key element of this scenario is that you were disabled before your employment ended.
It is crucial that you have medical documentation demonstrating how your condition impacted your day-to-day life, and how it impacted your ability to do your job. The timing of this evidence should lead up to when your employment ended so that you can prove you were disabled before you lost your job.
Courts understand that many individuals with disabling conditions attempt to keep working as long as they can. You shouldn’t be penalized for your efforts to remain employed while managing your health challenges.
How Courts View Disability Claims
Courts across the country recognize that pushing through work despite being disabled is not uncommon. They’ve established legal precedents to ensure that individuals are not punished for their perseverance. For instance, if you continued working until you could no longer manage your job due to your condition, your claim may still be valid—even if you were terminated before you submitted the claim to your disability insurance company.
This principle protects workers who prioritize their responsibilities but eventually reach a breaking point. It also underscores the importance of documenting your condition and seeking medical advice as soon as you notice your ability to work is compromised. Timely documentation can help establish that your disability began while you were still employed.
What to Do If Your Claim Is Denied
Unfortunately, even valid disability claims can sometimes be denied by insurance companies. If this happens to you, don’t give up. Our team of long term disability attorneys has expertise in handling denied short-term and long-term disability claims—we work with clients across the nation to help them get paid the disability insurance benefits they deserve.
Here’s what to do if your claim is denied:
- Review the Denial Letter: Understand the reasons your claim was denied. Insurance companies must provide an explanation for their decision.
- Gather Supporting Evidence: Collect medical records, employment history, and any other documents that demonstrate your disability and its impact on your ability to work. In the case of a claim filed after employment ended, make sure you gather all medical evidence prior to your end of employment to show that you were working while disabled.
- Contact a Long-Term Disability Attorney: Navigating the disability insurance appeals process can be complex but it is the most important stage of a disability claim. A skilled attorney can help you build a strong case and handle the legal intricacies.
If you’re wondering whether you qualify for disability benefits after losing your job, remember that timing and documentation are critical. If your disability began before your termination, you may still have a valid claim—even if your disability insurance company disputes it.
We have successfully handled cases with this exact scenario – our client submitted a disability insurance claim after being let go from their job and their claim was denied. We worked up the appeal and made the appropriate legal arguments leaving the insurance company with no alternative but to approve and pay the claim.
Lawyers with Expertise in Disability Insurance Claims
This law firm has always focused only on disability insurance law.
Because we specialize in long term disability, our clients get the benefit of:
- Having an attorney who is an expert in long term disability claims;
- Having an attorney who has experience with every major disability insurance company;
- Being backed by a law firm that has a proven track record of winning tough disability lawsuits.
Call Dabdoub Law Firm to get experienced disability lawyers on your side.
We can help with:
- Submitting a disability insurance claim;
- Appealing a long-term disability denial;
- negotiating a lump-sum settlement; or
- Filing a lawsuit against your disability insurance company.
The firm represents clients nationwide with disability claims governed by federal law, even if we are not located in your state. Call to speak with an experienced disability attorney. Pay no fees or costs unless you get paid.