What’s the Family Medical Leave Act?

The Family Medical Leave Act lets workers take up to 12 weeks of unpaid leave each year without losing their job. However, to be eligible for the Family Medical Leave Act you must show that there is a serious health condition that you suffer from or that you are caring for an immediate family member who has a serious health condition. When you are on FMLA your health insurance benefits must continue.

The FMLA only applies to employees of private companies that have 50 or more employees who work within 75 miles of the employer’s work-site. You need to have worked for the employer for at least a year and you need to have worked at least 1250 hours during the 12 months immediately prior to your leave.

Employees who work for public agencies or public or private elementary or secondary schools are eligible for the FMLA regardless of the number of employees.

If you have any questions feel free to contact us at www.caveylaw.com or give us a call at 727-894-3188.

Will the number of sick days, vacation days or personal days I have accumulated impact my continued health insurance coverage?

If you have healthcare insurance through your employer, we at Cavey & Barrett suggest that you use those days before resigning. Any part of the premium you have to pay for your health insurance will continue to be deducted from your paycheck.

This will allow you to keep health insurance coverage at your employer’s expense until you are terminated.

If you have any more questions feel free to contact us at www.caveylaw.com or call us at 727-894-3188.

How Can I Get a Fast Hearing on My Social Security Claim? | Social Security Benefits Denied Attorney

There are only three circumstances in which you might be able to get a fast hearing on your Social Security Disability claim. To get an expedited hearing you must show:

  1. That you are 55 years or older. The claim is more easily decided by a Social Security Administrative law judge if you are older than 55 because under the Social Security rules you fall into the less restricted disability category. Sharon Barrett, an experienced Social Security Disability attorney, practicing in Florida may file a request for expedited hearing once her clients reach the age the of 55.
  2. If you are at critical risk of death because emergency life saving surgery can’t be performed, you may be able to get an expedited hearing. However, you are going to need a letter from your doctor explaining the medical urgency which necessitates an expedited hearing.
  3. You received a notice of eviction, foreclosure or acceleration of mortgage payments. That might also a ground for asking for an expedited hearing.

There really are no guarantees that any of these three situations will result in the Social Security Administration scheduling an expedited hearing. You must understand that despite the most compelling circumstances, the Social Security Administration does not always grant requests for expedited hearings.

If you have any questions about whether your personal circumstances might entitle you to an early Social Security Disability hearing, contact Social Security benefits denied attorney Sharon Barrett at www.caveylaw.com or by calling us at 727-894-3188.

What’s the difference between short-term and long-term disability insurance benefits?

You may have paid for both short and long-term disability insurance coverage. Typically there is a two-week waiting period before short-term disability starts, during which no benefits are paid.

The length of the short-term disability plan varies and is generally coordinated with a waiting period for a long-term disability.

Long-term disability plans can have waiting periods from 60 to 70 days. Ninety days is common.

However, even if you have private short or long-term disability coverage, it won’t cover the cost of your health insurance premiums.

Some employers do provide a type of health insurance coverage for employees on disability and you should research this before you terminate your employment.

If you have any questions feel free to contact us at www.caveylaw.com or call us at 727-894-3188.

Health Insurance Options for the Disabled

One of the most important issues for a person who has been diagnosed with a permanent or long-term medical condition that makes it impossible for him or her to work is to make sure that he or she has health coverage after he or she has quit working.

Unfortunately, many employees will quit their jobs without understanding their rights to continue group health coverage and leave themselves and their families vulnerable.

If you leave your job because of disability, you have two options to continue your health insurance. The first is COBRA coverage through your former employer, or private health coverage until you become eligible for Medicare coverage as a result of receiving Social Security Disability benefits.

A person who is entitled to Social Security Disability benefits becomes eligible for Medicare 24 months after his date of entitlement to cash benefits, as determined by the Social Security Administration.

If you have any questions feel free to contact us at www.caveylaw.com or give us a call at 727-894-3188.

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