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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34623
Experience:  Retired (mostly)
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if you had to take a really retirement because of a illness

Customer Question

if you had to take a really retirement because of a illness and they also give your job always with in 4 months and the doctor said you can't go back to work until 2014 what do l do ?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

I'm a little uncertain of your question, re "What do I do?"

What is it exactly that you are hoping to accomplish?
Customer: replied 1 year ago.

l'm hoping to keep my full benefit and the thing that l went through with my boss at work l went into the hospital because of her.

Expert:  socrateaser replied 1 year ago.
I'm sorry, but I'm still not following you. What "benefit" exactly are you trying to keep?

And why do you believe you may lose this benefit?
Customer: replied 1 year ago.

like my retirement of 37 years working and my disability that l pay into. the hospital said that this wasn't a disability and work didn't have anything to do with it.

Expert:  socrateaser replied 1 year ago.
You cannot lose your vested retirement benefits. That would be a theft. Disability, on the other hand, requires that you must be disabled according to the provisions of the plan. Generally, a plan requires certification by your physician, and the plan usually has the right to require you to submit to an examination of a physician retained by the plan, if there is a suspicion that you are not actually retired.

You need to get a copy of your retirement "summary plan description," and your disability plan "explanation of benefits," and read them. Then, talk to your physician about agreeing to certify your disability. Hospitals do not make determinations about patient conditions. Physicians make the determination. If you had an attending or resident physician in the hospital and his/her opinion doesn't meet your disability plan requirements, that doesn't mean that the hospital physician's opinion is the only one that matters. Your primary care physician may have a different determination. Talk to your doctor.

Legally, I don't see that your circumstance is dire. You just need to get all of your information, so that you can properly apply for any disability benefits to which you are entitled.

Please let me know if I can be of further assistance.
Customer: replied 1 year ago.

my doctor did send in all the paper work for the disability saying l can't work, but anyway they give my job to my co-worker and l was let go last month on the 31 of May. and l know that they was surpose get a tent. for me until l come back .

Expert:  socrateaser replied 1 year ago.

How many employees work within a 75 radius of your workplace?

 

Did your physician use a standard FMLA benefit form from the U.S. Department of Labor? (see example)

Customer: replied 1 year ago.

about 52

Expert:  socrateaser replied 1 year ago.
Well then your physician's request could have reasonable been viewed as a request for FMLA leave, and the employer's failure to grant it and hold your job is a violation of federal law.

You can file a complaint with the U.S. Department of Labor. Contact your local office (click here).

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 34623
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you again for your help. Tim .F

Expert:  socrateaser replied 1 year ago.
You're welcome and good luck!
Customer: replied 1 year ago.

He it me again Tim. l called the US.Dept.of labor today and she told me they only have 12 weeks of leave for the family act sick leave . And the State is the one that dose the other leave . And is EDD. and l talk to them already . and l'm just getting the run around and no help anywhere.

Expert:  socrateaser replied 1 year ago.
I'm sorry, but I'm not following your new question. Can you please rephrase the question. Thanks.

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socrateaser
socrateaser
California Employment Lawyer
34623 Satisfied Customers
Retired (mostly)