Loosing health insurance that was promised when disabeled.

PLEASE HELP I FOUND OUT TODAY I WILL BE TERMINATED ON MONDAY JULY 23.

I suffered a stroke in 1988 and am permanetly disabled from most jobs,(this fits the description of disabled by my disability insurance carrier) but not by social security's definition. I went on long term disability IN 1988 and receive a monthly benefit from my disability insurance carrier. Our medical and pension benefits as an inactive employee on long term disability leave were to remain in place until 65 years of age , paid by my MCI. That was the company policy and benefit plan when I became disabled in 88. The disability policy is by Unum insurance and the employer was responsible for pension and medical. If social security classified you as disabled you would than get medical benefits via medicare.I do not meet the Social Security definition as being disabled from all jobs. At the time I went on disability the Family and Medical Leave Act of 1993 didn' exist.

In 1999 Worldcom bought MCI Communications and everything remained the same. Well today I get a letter saying I'm being terminated and loosing all benefits on July 23 do to my FMLA entitlement leave has expired. After doing some research I see it's only good for 12 months. During the whole time disabled neither MCI or worldcom ever sent me anything about this policy which in it's self is a violation of FMLA. I can't afford to loose my medical benefits and insurance and shouldn't. They were promised as an employee. Disability insurance is not effected. This FMLA didn't exist when I went on leave and they were to cover me to 65. It was in our employee benefit plan documented back than. Can they just take this away even though Worldcom bought MCI and FMLA has come into existance since than? Isn't this grandfathered since I was covered for life even before the FMLA act? How can they legally do it and what can I do? What options do I have. Also I don't think they are doing it to all of the old or pre- 1990 people on disability. I called another employee and he had not gotton the letter. I think the issue is I cost them alot of money in prescription drugs and have complained this year about them not following their own prescription drug plan and have filed grievences with them. Can you please give me some suggestions on how to fight this or if there is any law covering this or if I should be grandfatherd?

How do I find a good employment attorney in Houston. I had to fight with MCI to get all of my stock options 3 years ago and I went looking for an employment attorney and didn't have much luck finding a really good one. I settled the case on my own pretty much through ADA act and fighting and threatening a law suit.

THANK YOU VERY MUCH FOR YOUR ASSISTANCE.

1 answer  |  asked Jul 22, 2001 12:59 AM [EST]  |  applies to Texas

Answers (1)

Margaret A. Harris
Disability Insurance

If you have not already received a recommendation for an attorney, please allow me to suggest that you contact Jim Andrews. He is a whiz with disability claims, both through private insurance and social security. His phone number is 713.529-9033.

Margie Harris

posted by Margaret A. Harris  |  Jul 28, 2001 4:15 PM [EST]

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