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Terminated while on disability Minnesota

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  • Terminated while on disability Minnesota

    Hello,
    I have fibromyalgia and I get flare ups where I'm extremely fatigued and have muscle pain in multiple areas. It was originally thought to be neuropathy as of November 2006. I was under treatment for that and I would get days of really bad symptoms and miss work 1 or two days and sometimes up to 5. It continued to occure more & more often and I wasn't getting better. On July 2007, I was put on FMLA. The severity & length of the flare ups kept getting worse. As of December 27th, 2007 I was put on short term disability and was sent to the Mayo Clinic. It turns out it was fibromyalgia and not neuropathy.
    I went through a pain rehabilitation clinic there and I returned to work March 18th. Doctor's orders were to work for 2hrs/day for the first week, then 4hrs/day, then 6hrs, then 8hrs. I started getting flare ups when working 6hrs/day, but they weren't severe enough to miss work. I had been taught to learn to read my symptoms better and learn when it was just a bad day compared to close to getting a flare up. I mentioned this to my employer and asked to stay at 6hrs/day a little longer. They denied that. I then started working 8hrs/day and I had a bad flare up and missed work. Since my FMLA was expired, I was fired. They said they couldn't count on me being there and they need me there. I understand where they're coming from and realize they probably have the right to fire me and I'm not to worried about that. I'm more worried about the disability insurance.
    During the time that I was gradually returning to work, I still received some disability insurance. It was 60% of the hours compared to full time. So, if I worked 10 hours, I got 60% of the remaining 30hrs.
    Well, now that I'm terminated from the job because of the medical condition (disability), I should continue to get disability benefits, correct?
    I'm waiting to hear back from them yet, but I'm just wondering where I stand ahead of time.

  • #2
    You can be terminated when your FMLA expired. It would be up to the disability policy provisions whether you continue to get paid after termination but yes it's a definite possibility that you will be. Your disability ins. doesn't automatically terminate just because you are terminated. The vast majority of policies will continue to pay after termination of employment as long as you are still disabled.
    Betty3
    Senior Member
    Last edited by Betty3; 04-10-2008, 10:14 PM.
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