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 12 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.


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