Question
What is the name of your state? Minnesota
In November 2001 I had a brain injury and was on short term disability. I returned to work April 2002 with only working part time per doctor's instructions. I received short term disability to make up the hours that I could not work. My short term had ran out the end of 2002. At this time I was only being paid for the hours I worked but was still considered a full time employee. I paid for the LTD insurance through my employee the whole time also. In July 2005, I decided that I could no longer do the work required and went out on disability with doctors approval. During the time I was still working the company changed LTD policies. The company had me file with the new insurance company later I was told that they felt it wasn't their claim. The company than had me file with the other insurance company and I received a notice from them that it wasn't their claim either. I will now be out for 6 months in January 2006. What rights do I have??? I feel that I had paid for this insurance and should be covered. The company I worked for has been telling me their working on it. I just need to know where I stand on this claim.
Answer
Without reading both policies it's impossible for us to say. This is not a legal question; it's a contractual one.
You are free to show both policies to a local attorney for review.
Answer
This is a case in which it may be necessary to file suit against both insurance companies, and let the judge decide which should pay. Long before that they'd work it out, as if they lose they could wind up paying your legal fees. Your employer may be in the best position to get this settled quickly, so keep on asking. But wou may need a disability insurance lawyer, and the unfortunate part is that the amount is not that large yet, so only one who handles ERISA cases would take it.
Answer
Thank you both for responing to my question. I now have another question concerning this. When an employee purchases long term disiability insurance through the employer and not directly through the agent isn't the employer the person who should be upheld to pay the employee during this period.
Answer
Not unless the policy says so. It's the carrier, not the person who sold the insurance, that is responsible for payments.
Unless the plan is self funded your employer has no obligation to pay you disability benefits directly, regardless of whether they are the ones who "sold" it to you or not.