Make Sure Your Buyout Offer Doesn’t Destroy Your Long Term Disability Claim
Employers, in these difficult times, are offering their employees buy out packages. If you are applying for long term disability benefits, or your long term disability benefit claim has been denied, you should carefully read any buy out offer. Why? In the fine print there might be a clause that says that you are giving up any “ERISA claims”, that’s code word for short or long term disability claims.
You will have to negotiate with your employer to exclude any ERISA claims from any buy out. It is important that you adamant about that particularly if you have a short or long term disability claim or if you have any on going medical expenses and need medical care. ERISA also provides for group health benefits and you can unwittingly give up both your rights to disability and medical benefits.
You should consult an ERISA disability attorney to review the buy out agreement for a clause that will give up your valuable ERISA disability and medical benefit rights.