Legal Question in Employment Law in Florida

Re: Disability benefits if company ceases operations

You have to check the insurance plan. If it is provided by an outside company, I imagine the benefits remain intact, but do not know for sure. If they are provided by Delta itself, then they might be abrogated by a bankruptcy. It is a very cmplicated area, though, involving labor law, ERISA and insurance law, and bankruptcy law, and you would probably only be able to get a real answer once the bankruptcy occurs, if it does, and the actual facts are known.

Generally, though, even if there is a bankruptcy, the airline would try to reorganize and retain most of their employees to continue to operate. That means they need to keep most of the benefits intact to keep the employees happy. Naturally, the unions will fight for that as well.

Call your union rep for more info., and also the insurance company itself. Also, if you have not applied for SSI, you should consider it. You need to prove that you have no "residual capacity" to work. Basically, you need medical documentation and opinions that you are totally disabled from any work at all.

Best of luck with your health and the insurance.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.