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Florida
I was terminated after not being released to return to work after FMLA and am accommodation was exhausted. I am getting STD payments but those expire this month. I am not well enough to work so I know that I can't get unemployment at this time. Is the disability provider required to extend my payments until I can work again?
No. The disability carrier is never required to extend payments beyond the limits of the policy.
My job offered STD for 6 months and then long term disability would kick in if I couldn't work at that time. Does the std provider choose how long it's approved for.. regardless of If the doctor said I shouldn't be working until I'm better?
In 35 years of administering employer-based benefits, I have never once seen or heard of a short term disability policy that lasted for longer than 26 weeks. 13 weeks is also common. Just like any other purchase, the carrier provides the products and your employer chooses whether to buy a short term disability policy that lasts for 13 weeks, 24 weeks, 26 weeks, or something else. Once your employer and the STD carrier have agreed on a maximum length of term, the disability carrier is never, under any circumstances whatsoever, required to pay benefits beyond that length of term, even if you have a statement from Regina Benjamin that you are still disabled and that statement is witnessed by Eric Holder. So if the maximum term of benefits is 6 months, then on the first day of the seventh month your disability carrier has no further responsibility to continue your benefits no matter what the doctor says. If you have long term disability benefits, they would kick in at that time. If you don't, then your disability benefits end.
Thank you, I just read the terms and my job has it for the 26 weeks..
What I'm trying to figure out is since the std provider approved me only for a certain amount of time, do they normally extend my payments if I'm still not able to work? (Although I've already been terminated)I'm still within the 26 weeks, but I still cannot seek work at another job.. So I just wanted to know if the std company still has to pay me until I'm better bc at this point I can't get unemployment. Or regardless of my condition they can they really choose to cut me off whenever they want, even within the 26 weeks.
If you are still within the 26 weeks and you are still disabled under the definition of the policy, it is quite possible that they will extend your benefits, provided that they receive the medical information they need to make that judgement. However, your initial question asked if they were required to continue your payments until you are able to work again. The answer to that question is no. They are required to continue your benefits until the earlier of the date you are no longer disabled by the policy's definition, or 26 weeks.