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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32327
Experience:  Employment Law Expert
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I worked State Government years in a classified position and

Customer Question

I worked for Georgia State Government for 23 years in a classified position and paid on long term disability coverage a Federal judge gave me just recently a fully favorable decision for receiving SSD and put my date of being disabled while I was still employed before my job was closed and a reduction in force was done that left 800 state employees jobless. I was told by a supervisor with the Department of administration I could receive my state retirement but the state retirement system refused to honor this decision. I am a brain tumor survivor with not all of the tumor being removed from my left frontal lobe that the side affects are many leaving me disabled for life what can I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

What type of attorneys did you speak with? What did they tell you?

Customer: replied 1 year ago.
I talked to all kinds of employment law the main answer I got was how costly it would be to litigate with my state Government but I also have a list of campaign contributors for my current Governor and the #1 contributors to his campaign was Georgia attorneys one lawyer was honest he told me it was politics and he was afraid to get involved. I don't want no huge settlement of money just what I worked all those years for and paid for long term disability all those years and want them to honor it. Thanks for at least being respectful towards me.
Expert:  Dwayne B. replied 1 year ago.

There is no question that it is going to be at least a little expensive. However, what I'd suggest you do is talk to a lawyer that does ERISA work. You should go to www.lawyers.com and in the Area of Practice box enter ERISA and then your state in the location.

That will give you a list of lawyers and the advantage will be that you can sue in federal court under ERISA which is the federal law that governs this anyway.

If the problem is due to the employer it is an ERISA problem anyway.

Customer: replied 1 year ago.
Thank you I don't know why this information was not given to me by anyone else but I will do what you suggested first thing tomorrow. Thanks so much
Expert:  Dwayne B. replied 1 year ago.

You're very welcome. The issue that may arise is that ERISA doesn't cover all state government pension plans the way it does the pension plans for private companies. However, what it keys on is how the plan is funded, from what I understand, and there is also the issue with the disability plan.

ERISA is a very specialized are if the law. I'm not completely familiar with it and neither are most attorneys you will meet simply because they don't deal with it enough. However, an ERISA lawyer can evaluate the pension plan and the disability plan and make sure it is covered. If either of them are covered then you can bring all of the claims, regardless of the cause of action, in the same lawsuit in the same court.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.