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You are here: Home / Legal / Is termination a sign that you cannot derive disability benefits?

Is termination a sign that you cannot derive disability benefits?

March 5, 2022 by Post

One significant issue that frequently pops up in the field of disability benefits is whether people may continue getting their disability benefits even after they get terminated? Before diving deep into this issue, people must understand what disability benefits mean and their significance. Along with this, you have to understand the difference between long-term and short-term disability benefits. 

FMLA is nothing but federal law, and the aim of this is to protect the job position when you are out of work. The distinction is that medical leave of absence under a specific act remains unpaid. In contrast, some provisions make disability benefits available for individuals who are not present in the job. Disability benefit comes from the employer through private insurance agencies and gets paid within 50 to 70% of monthly earnings. Hence, most workers can get 12 weeks of leave without pay but with job production. 

Impact of termination on long-term disability

It’s possible to receive disability benefits after you get terminated. Indeed, most individuals who grab long-term disability benefits will eventually get their employment terminated. Meanwhile, this disability plan provides disability benefits till retirement age. Thus, there is nothing unusual regarding long-term disability benefits for individuals even after their termination. 

However, it is vital to understand that some long-term disability policies exclude coverage if the worker gets terminated for a reason. Hence, losing long-term disability benefits is not an option; you can fight for your case. However, these plans are rare. It is best to get a copy of the employer’s long-term disability benefits to plan for determining your privileges and rights. 

Most employees filing for disability claims leave their job because their main aim is to get the resources from the plan. They try to fight their cases in the disability field until they get their benefit. Courts have thereby acknowledged this fact. They have unique processes for monitoring this.

Impact of the plan on the job

When you receive a disability benefit, it does not protect your profession. Most employers terminate the disability claimant’s work after receiving a long-term disability benefit. Employers are doing this because they feel that the employees will never return to work in the foreseeable future. They use the employee’s position to justify the worker’s termination. 

However, you have to understand that there is a difference between terminating a worker who already receives long-term disability benefits and terminating a worker who wants to get long-term disability benefits. Every state has different rules and regulations regulating these plans and policies. 

You have to have a detailed conversation with your employer when you file for long-term disability benefits. Along with this, some professionals can file long-term disability benefits and get you job security. These individuals will assure you the best returns with little investment. 

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