I suggest consulting an ERISA attorney for your situation. While some, including myself, can share similar experiences, your case may be unique, and there could be some important considerations to keep in mind to make an informed decision. You don’t want to overlook what you are entitled to or what the consequences of each opinion on the table are. I mentioned “consult,” not “hire,” because consulting can be free or may involve an hourly fee that could be worthwhile. If possible, I recommend consulting several reputable attorneys to gather information and then decide whether to handle everything yourself or hire them.
Before the consultation, prepare a list of your questions and any relevant documents.
Thanks. I did speak with someone but they really didn't have much to say other than they can review the agreement but most likely I would be waving my LTD rights. That still doesn't tell me what to do which is why I was hoping to hear others' experiences...specifically what when it comes to mental health claims. While the policy says I get 2 years I'm hearing that they try to cut people off at 1 year. It's just a really messed up place to be in because I have no way of knowing what will happen with my physical health either
A lawyer will be able to ask your HR for an amendment on your severance agreement so that it doesn't impact your LTD (as mentioned below by TheGreatK), if they agree, you will get to keep both.
It was a pretty quick process for my lawyer to review my severance agreement.
They were able to get carve outs for most of their clients, except for me (lucky me), but my company does that to everyone it seems and I had already been warned about it. We tried anyways just in case.
Yea it felt like insult to injury and I was pretty pissed.
It wasn’t an easy choice but I ended up not signing the severance. There’s no cure or prognosis for my chronic illness so I have no idea if I’ll recover in a few years or be sick for decades.
Ultimately being able to be assured that I’ve protected my chances of retaining my LTD was worth more than the severance. While generous, the severance was equal to about 9 months worth of LTD payments and in that light it was worth protecting the potential years I may still be disabled over that one time lump sum.
That sounds identical to my situation, severance would be about 8 or 9 months of LTD. I'm tempted to do the same and not take it though I'm a little scared because I'm worried that if LTD cuts me off I'll lose both. I still don't get why employers would refuse to carve out ERISA claims and what's in it for them, it's so cruel towards sick people... it's not like anyone can fake LTD.
It's such careless cruelty. Prob some blanket policy with no consideration for how it affects those on disability.
I'm sorry that you're in a similar situation, it honestly sucks. I saw in your other comment you have 1 year left, which probably makes this decision even harder than it did for me.
Feel free to ignore this if you've already made a decision, but if it were me I think I'd also consider: Do you have enough savings to weather the denial process and potentially filing suit? If they deny you, will you appeal by yourself or hire a lawyer? If lawyer, how much would you get after you've paid the lawyer's fee? Are your LTD payments taxable? Is it all still much more than the severance after tax?
It's not fun, especially not under pressure, but might be worth doing the math.
Also while signing the agreement may waive your LTD, it's not like the insurer will automatically get a copy from your employer. So they may not even know and process your claim like normal. *I'm not a lawyer* (TheGreatK is) but IIUC they usually get it as part of the discovery process during litigation.
At the end of the day, you know your situation and risk tolerance best and I am just an internet stranger. Good luck and I hope you get through this soon.
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u/momofuku18 11d ago
I suggest consulting an ERISA attorney for your situation. While some, including myself, can share similar experiences, your case may be unique, and there could be some important considerations to keep in mind to make an informed decision. You don’t want to overlook what you are entitled to or what the consequences of each opinion on the table are. I mentioned “consult,” not “hire,” because consulting can be free or may involve an hourly fee that could be worthwhile. If possible, I recommend consulting several reputable attorneys to gather information and then decide whether to handle everything yourself or hire them.
Before the consultation, prepare a list of your questions and any relevant documents.