Question:

My employer was paying premium for LTC disability, I become unable to work thru Doctors decision, I applied fo

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I applied for disabilty after being on FMLA, then my HR department says we will pay for your medical benefits, and I was very adament about telling them I dont want to lose any benefits, med, RX, l found out 2 days ago they termed it on 6-15-08 but just notified my ins. carrier on 7-28-08 I have not got to speak with HR yet out of office but I never recieved anything by notice of this happening, can they do this

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  1. The key to the answer to your question is whether your treating doctor gave a reasoned medical opinion for your continued medical absence from the work place.  Your were off on FMLA.   Sometimes an accommodation doctor will write note to an employer to help the family.  I think a more detailed report from your doctor citing the medical tests and reports upon which his opinion is based would be appropriate.  


  2. There is a lot more to this, more information is needed.

    But, contact the employer's insurance carrier. You should have extended coverage under COBRA (California) for up to 8 months, 12 months or more depending on your situation.

    If all else fails contact your states Department of Insurance.

    They offer good advice.


  3. Yes.  Actually, once you're terminated, it's out of their hands - they don't have the option of keeping terminated employees on their insurance policies.  

    BUT, they should be offering you the option of continuing the policies, at your cost, through COBRA.

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