Presently on STD (paid by employer, administered by a large insurance company). I have X weeks to go until the XX week elimination period is over so I am presently on STD. The remaining weeks of STD are yet to be approved (probably stalling tactics) and if they are it’d be probably last minute.
Can I use vacation days (paid) to bridge me through the remaining weeks of STD b/c of the XX week elimination period prior to LTD?
My guess would be ‘no’, because vacation days = “going back to work” but even then I’m not sure. I mean, I’m not going back to work b/c they’re vacation days, no?
Thanks!
(PS If they deny me now out of the blue then that just means I’ll commence litigation earlier rather than later, which is fine by me).
After a short-term disability is over and I’m on long-term disability, but while the leave is unpaid as I’m suing the insurer…
Based on everything I’ve read, it is okay to take vacation days to get money from my employer. There’s nothing about clawback in the insurance contract about monies received in this manner
Does anyone have first-hand experience of using vacation days while suing an insurer? LTD specifically
If the master policy says nothing about this situation then you are clear to do what is reasonable to “put food on the table” while no LTD payments are issued. I have a hard time believing any court would disagree with you.
Vacation time is accrued in the past. So technically you earned this income prior to going on LTD and your employer holds this past income in trust. I have never seen a single master policy that allows an insurer to offset against past income.