Legal Question in Disability Law in Tennessee
Long Term Disability...What about Insurance
I am 26 and I am a Dialysis patient..I have been employed with the same company for 9 years...When I was diagnosed with kidney failure i continued to work but asked to be placed in a different postion because of the physical limitations...I was denied this on 2 occasions and I also brought in a doctors note explaining my condition and the purpose of the move..I was then told that there was no where for me to go and to hold on for a few months...A few months passed and there were other postion changes but I was again denied....I continued to work for almost 6 months after that until my health started to be affected by the stress and physical work I was doing...My doctor then decided to take me out on disability which I had through the company...I have been on disability foor a little over a year and now I have been told that in 2 months my insurance is going to stop....unless I want to pay full Cobra rates...How can this be if I am still receiving disability from the company...Do I have any legal recourse available to me??? Thanks
1 Answer from Attorneys
Re: Long Term Disability...What about Insurance
The terms of your company's disability plan will provide the answer to your question. Since you have been "out on disability" for more than 12 consecutive weeks you have exhausted your available rights under the Family Medical Leave Act.
Depending on what the plans of your company's policy is you may have an ERISA or contractual claim against the company. Depending on whether others have been in a similar situation and been treated differently you may have other claims under the Americans with Disabilities Act or other employment related statutory schemes.
You need to get your information to an attorney in your area who can review your company's plans and ask you some specific questions about how the plan has been applied in the past. Only then can you get a full answer to that question.
Please give me a call or e-mail if need any additional information. 901.527.5522
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