Legal Question in Disability Law in Virginia

Choice between LTD and Severance?

I have been on Short Term Disability since late October (for MS-related cognitive decline), and

was recently informed that my ''position had been eliminated'' after having been approved for Long Term Disability.

HR has presented me with the option of either going on Long Term Disability -or- accepting a Severance package... which strikes me as perhaps a bit unusual, given my understanding that my LTD will continue irrespective of my employment.

I have spoken with an LTD specialist from Unum, who has confimed that she is unaware that my LTD can be in any way affected by the actons of my employer. Given which... I can't help but wonder if this might somehow be a ''false option'', and if there is a possibility that I might, in this case, be legally entitled to both LTD and severance?

Any thoughts would be greatly appreciated!


Asked on 4/26/09, 12:50 pm

1 Answer from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Choice between LTD and Severance?

They may mean LTD generically and not the policy. If your position is already eliminated, there may be no harm in taking the alleged "severance." By taking a severance, you would likely be waiving any all all claims (including disability discrimination, wrongful termination, etc).

I would strongly recommend you consult an attorney BEFORE you do anything and you should see an attorney soon.

Good luck.

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Answered on 4/26/09, 1:48 pm


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