Legal Question in Disability Law in California

Re: long term disability and retirement

Whatever LTD benefits he has are defined in company policy and insurance policies. You should check with the plan administrators listed in the policies, to make sure you understand your options and rights. He is not immune from layoff, so make sure you understand all your rights in the layoff package, and what benefits continue.

Re: long term disability and retirement

There are several documents related to the long term disability plan -- a "summary plan description" (SPD), a disability plan "the plan," and any amendments to the plan. The administrators of the plan should be listed in the summary plan description document. If you do not have it, call his work, and ask who the administrator is. Send a letter, certified mail asking for the docs listed above -- they have to give them to you. . . Then review them. It might make sense for an attorney to review these documents as well-- there are also tax implications to receiving the severance, and you should review those questions with your accountant. Feel free to contact offline, through my website:

www.knisbacherlaw.com

Good luck.

Re: long term disability and retirement -- follow-up

You did not mention why your husband was included in the layoff -- an employer is not allowed to use a layoff as a pretext to fire older or disabled employees. . . if there are discrimination issues, you might want a lawyer to negotiate a better package -- the money they pay will be in exchange for him giving up any rights to sue them later. . . .