Can I Collect Disability Benefits After I am Terminated by my Employer?

The answer to this question depends on if your long term disability insurance policy is governed by ERISA. If you obtained your disability policy as a benefit from your employer then it is probably governed by ERISA.

Injuries Occuring While Actively Employed

In most ERISA disability policies an employee is only eligible for disability benefits if they become disabled while they are actively employed. Active employed is usually defined in the disability policy as working a minimum of 25 hours a week. If an employee is terminated, but can prove that he or she was disabled at the time of the termination, then they may eligible to collect long-term disability benefits.

Documentation is Important

We often tell clients that are working with a disability and think they may be fired, to make sure they document all of their restrictions and limitations with their treating physician and their employer. Most employees are reluctant to advise their employer of a disabling condition as they fear that they may be fired and then the disability insurance company will deny their claim.

If a claimant has a legitimate disabling condition and the support of their treating physician then their claim for long term disability benefits should be approved. It is always best to consult with a disability insurance attorney prior to filing a claim for disability insurance benefits.