Legal Question in Employment Law in Pennsylvania

I am currently on long term disability & my employer just informed me that if I cannot commit to returning to work in 6 weeks they will have to release me. What if i cannot return to work, what do I do?


Asked on 6/29/10, 11:57 am

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

You will still be entitled to collect disability benefits under the terms of you contract. Beware that the definition of disability in employer sponsored disability plans usually changes after a period of time, most often two years. When the change occurs it becomes harder to qualify for continued benefits.

If you have not already been offered COBRA, you will likely be offered COBRA when you are let go. It can be very expensive to maintain your health benefits under COBRA. Check out the Department of Labor web site to see if you are qualified for the COBRA subsidy that was included in the Obama "Stimulus Plan" (ARRA).

You should also be giving consideration to applying for Social Security Disability benefits if you have not already done so. A disability lawyer will be glad to talk to you for free to discuss further questions and options. You can feel free to call me at 610-584-9400.

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Answered on 6/29/10, 7:14 pm


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