Disability Advice. My employer will not fill out disability forms. What can I do?

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Disability Advice. My employer will not fill out disability forms. What can I do?

I have been out on disability since Feb. 26th. My company terminated my employment on June 3rd because they needed someone in my position. I qualify for long-term disability, but my employer refuses to fill out the employer part on the long-term disability application. What should I do?

Asked on June 23, 2009 under Employment Labor Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

It sounds as if you're going to have no choice other than taking this to a lawyer.  One place to find qualified attorneys in your area is our website, http://attorneypages.com

There are a lot of possibilities, here, because your question is (quite rightly) a bare outline of the facts.  For example, you haven't said whether the long-term disability policy was your own, or part of a group plan with your employer.  If it's a company plan, the employer might be stalling so that when you're dropped at the end of the month, you won't be able to get benefits and make their premiums go up, so you need to get a lawyer on board immediately if that's the case.  You might also have rights under the Family & Maternity Leave Act ("FMLA") that have been violated.  Your attorney can give you reliable advice, based on all of the facts.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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