Terminated after 20 years

[caledonia]

Not sure if I mentioned but I called Wednesday to get the procedures to appeal the LTD denial and to request copy of my claim file and during the conversation I was told that my claim was being re-reviewed. I just got denied 3 weeks ago. She said the Endo info and labs had come in (I told her about the new dx, lab results and Endo visit prior to last denial) and they decided to re-review. She said I would hear next week or so if they decide to crush me again and deny or if they decide to approve. So the light has not completely gone out. I thank God for keeping this door ajar......

Hopefully, they will approve you, and that will carry you through until retirement.

But if you do get denied, you should have an ERISA disability lawyer helping with this appeal. The reason is that if you lose the appeal (likely), then you won't be able to add any more info to your claim. So you need a lawyer to work on the appeal to make sure all the right info is in there now.

As far as termination, I didn't get terminated until after I was denied for LTD. I was 36, not near retirement, so maybe that made a difference in what the company thought they could get away with. But anyway, there is something very fishy about what happened to you. I think it would be worthwhile to find out what you could get from an age discrimination lawsuit. Is it just what was owed to you like disability, or could you get damages on top of that? So that's another conversation with another lawyer.

COBRA is very expensive. ObamaCare enrollment is starting Oct. 1, maybe that could be a cheaper alternative for you?

I suggest cutting back on all expenses to the bone, so you can extend that 10 months of income left to a much longer period of time.

ps.You should also get an SSDI claim started if you have not done so already. You can use the same medical evidence that you used for the LTD claim. It's much easier for older people to get approved. Even if you don't get approved until after you retire, you should still get backpay which will help you out in the future. You may just be able to call up a service such as Allsup and let them handle the claim from the start, to take pressure off of you.

Hang in there!

 

[roxie60]

I have some good news. I opened letter from my 'ex'-company today, I always seem to cringe when I have to open their letters. They have re-reviewed my LTD claim and have approved it on a month by month basis (based on Dr feedback). It will allow me to pay my bills and worry less about that and focus on trying to get better or at least as best as I can get. This has been a 7 year battle with my health (longer really but I was able to work through it for years, walking wounded like, probably because younger and could will myself to work and keep up household tasks). I am grateful to God and everyone here at PR for your prayers and encouragement!!!!!! I dont know how long it will last but I dont think I will worry about that right now. I can have no other income and they will claw back funds if I am approved for social security. If I had some energy I would do a dance right now. Fighting back tears (crying gives me a bad headache) from realizing finally I am believed.

 

[roxie60]

Thx for your well wishes and suggestions. COBRA is very expensive, at least twice what I was paying as employee. I have an SSDI application completed, have to find some info they requested. Was busy working on health stuff this week since my employee coverage ends Monday. I am confused about the 'extend that 10 months of income', I have had no income since end of February but no biggy as you can see by my post above, I will be able to pay my bills again starting next month for as long as they approve the disability benefit (they did not put a end date on it which seemed a bit strange, seems it will be evaluated every month). I am just so grateful.

Hopefully, they will approve you, and that will carry you through until retirement.

But if you do get denied, you should have an ERISA disability lawyer helping with this appeal. The reason is that if you lose the appeal (likely), then you won't be able to add any more info to your claim. So you need a lawyer to work on the appeal to make sure all the right info is in there now.

As far as termination, I didn't get terminated until after I was denied for LTD. I was 36, not near retirement, so maybe that made a difference in what the company thought they could get away with. But anyway, there is something very fishy about what happened to you. I think it would be worthwhile to find out what you could get from an age discrimination lawsuit. Is it just what was owed to you like disability, or could you get damages on top of that? So that's another conversation with another lawyer.

COBRA is very expensive. ObamaCare enrollment is starting Oct. 1, maybe that could be a cheaper alternative for you?

I suggest cutting back on all expenses to the bone, so you can extend that 10 months of income left to a much longer period of time.

ps.You should also get an SSDI claim started if you have not done so already. You can use the same medical evidence that you used for the LTD claim. It's much easier for older people to get approved. Even if you don't get approved until after you retire, you should still get backpay which will help you out in the future. You may just be able to call up a service such as Allsup and let them handle the claim from the start, to take pressure off of you.

Hang in there!

 

[caledonia]

Thx for your well wishes and suggestions. COBRA is very expensive, at least twice what I was paying as employee. I have an SSDI application completed, have to find some info they requested. Was busy working on health stuff this week since my employee coverage ends Monday. I am confused about the 'extend that 10 months of income', I have had no income since end of February but no biggy as you can see by my post above, I will be able to pay my bills again starting next month for as long as they approve the disability benefit (they did not put a end date on it which seemed a bit strange, seems it will be evaluated every month). I am just so grateful.

First off, congratulations! I'm sure that takes a huge load of stress off. If they give you further problems, then consult with an ERISA disability lawyer.

As far as the other thing, you said something about only having 10 months of money left to live on, which I referred to as "income", but I guess it would have been better to call it "savings". If you were to cut expenses to the bone and live very frugally, you could stretch that for a longer period time. I was assuming that the 10 month estimate was based on your current spending patterns.

If you keep track of your expenses and find areas of waste which can be cut out, you can save 20% fairly painlessly. Check out the book Your Money or Your Life by Joe Dominguez and Vicki Robin. They have lots of creative ideas on how to live frugally in addition to tracking expenses - a good skill to have if you're disabled or retired.

 

[Misfit Toy]

roxie60, I still hope you look for a lawyer for backup. If a business sees that you have a lawyer, they will take you seriously as well. I've hired lawyers for that very reason and usually win. They don't want the mess.

The book Caledonia recommended above, sounds like a great one.

 

[Little Bluestem]

I dont know how long it will last but I dont think I will worry about that right now.

Wise decision! Just relax for a while and see how things go.

 

[Ecoclimber]

The doctors that examine you for disability whether private insurance or SSI are paid by these entities to deny you disability, other wise they are taken off their referral list. You do NOT need to go to their doctors. Furthermore, both private and governement claims adjusters' reviews and bonuses are based on how many claims they can deny. They calculated that a certain percentage will give up and not fight the system.

Please read these Federal Case Law decisions where the plaintiff won his case and in fact UNUM had to pay millions of dollars for suppression of evidence. This is why in my previous post to gather as much information as possible. As far as I can tell, you have two issues here: disability and violation of ADA and unlawful termination based on age discrimination considering how close you were to retirement.

You need to open this company up by using powerful tools of discovery as mention in the previous post. Case Law is on your side.

http://www.lawyersandsettlements.co.../unum-life-insurance-provident-long-term.html

http://caselaw.findlaw.com/us-9th-circuit/1128258.html

http://openjurist.org/482/f3d/254/weiss-v-first-unum-life-insurance-company

http://www.leagle.com/xmlResult.asp...1652.xml&docbase=CsLwAr3-2007-Curr&SizeDisp=7

http://www.advocacyforpatients.org/


Eco

 

[minkeygirl]

I can't read much of this but check out this blog by Linda Nee. Information here was instrumental for me when dealing with UNUM.

http://lindanee.wordpress.com

Mink

 

[5150]

I'm so sorry!

Please keep calling lawyers to see if you can fight this.

Ema

Re age discrimination: the key seems to be, are you the only one this happened to at the time? or were you part of a group (or several persons) who all were terminated simultaneously? That's a little trick employers have learned. They don't pick on one at a time / they make it seem like "across the board" action.

If you were the lone person, that's the foundation for possible discrimination so it seems. From there, of course you still have a fight ahead.
Sorry this has happened. It's a bad bad feeling for you, I'm sure.

best wishes.

 

[roxie60]

Thanks eveyone for your input. I'm not real impressed with the ERISA lawyer I contacted. So not sure if should try to go back to him if LTD is denied in the future.

I'm not aware of any others terminated at the time I was but I do know that others around my department were terminated after I was on leave.

Right now looks like finally getting this pinned down to probably having lyme for years so starting protocol last night and will see how I progress. On waiting list to see LLMD.

Still have to get DHS paperwork done, will try to do this weekend since there is a strong possibility of herx reaction and I will be in no shape to do anything if that happens.

thanks everyone so much for your help and well wishes.

 

[August59]

Oh Roxie60, I'm so sorry to hear that! This is a very cruel illness. Many of us know where you're coming from -- you hung on as long as you could. Try to be proud of that.

These are very cruel businesses. You give them so many years of your life and they can't even so the appreciation of at least sitting down with you and being honest about what is going to have to happen.

But, no they blind side you that leaves you in the worst possible position it could leave you in. Companies do not care about employees even when an employee has gone way beyond their capability to help the company.

Then once the company has shattered your life, the insurance gets it's turn pummel you with COBRA programs that are impossible for someone to afford.

I believe Illinois took the "Extended Medicaid", so that might help you some. If you have children under 19 they are almost guaranteed to be covered. See if your company is going to fight to delay your unemployment, which I wouldn't think they would. I think Congress might approve a short extension to the unemployment to around 52 weeks (but we are talking about Congress, so who knows)

Don't leave any stone unturned!! There could be mortgage help available. South Carolina had a program that helped me until I got my disability. It paid out $32,000 to my mortgage and as long as I live here for 5 years it will be for given 100%.

 

[*GG*]

These are very cruel businesses. You give them so many years of your life and they can't even so the appreciation of at least sitting down with you and being honest about what is going to have to happen.

But, no they blind side you that leaves you in the worst possible position it could leave you in. Companies do not care about employees even when an employee has gone way beyond their capability to help the company.

Then once the company has shattered your life, the insurance gets it's turn pummel you with COBRA programs that are impossible for someone to afford.

I believe Illinois took the "Extended Medicaid", so that might help you some. If you have children under 19 they are almost guaranteed to be covered. See if your company is going to fight to delay your unemployment, which I wouldn't think they would. I think Congress might approve a short extension to the unemployment to around 52 weeks (but we are talking about Congress, so who knows)

Don't leave any stone unturned!! There could be mortgage help available. South Carolina had a program that helped me until I got my disability. It paid out $32,000 to my mortgage and as long as I live here for 5 years it will be for given 100%.

I can relate to this, I was blindsided. Legal options are being looked at!

GG