Legal Question in Disability Law in Connecticut

Disable wife's health insurance is being changed by employer

My wife has been disabled since 1988.

While employed, and for 15 years subsequent to her disability (illness), her employer has carried her as an active employee/disabled, providing her with high quality indemnity type health insurance (not HMO or PPO).

When Medicare became her Primary insurer, her workplace insurance became secondary without incident.

Recently, we received a letter from her employer indicating that they now considered her retired, and that they were going to provide her with Medigap Plan F insurance.

First off, my wife is disabled and only 46 so she will not qualify for Medicap type F insurance. She would only qualify for Medigap Plan A through C which is not offered. The other concern is that the firm can terminate retiree health care benefits very easily and personally, i think that situation is in the works.

Finally, I believe this move by her employer was presipitated by the fact that my wife is very ill and is incurring 60,000 per year in medical bills.

My question is, can an employer convert an employee from active/diabled status to retired status?

thank you for your answer

Asked on 12/01/03, 9:40 am

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Disable wife's health insurance is being changed by employer

You need someone to look over the documents in person, don't rely on advice you get online as to the particulars. You may have a contracutal right to continued benefits, but they also may have a clause in the agreement that limits their exposure. Try to get it worked as ASAP. In this case, it is worth the month to a local attorney who is EXPERIENCED and up to date on employment health benefits law.

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Answered on 12/04/03, 9:49 pm

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