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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111444
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a teacher in a violent urban school district.I was

Customer Question

I am a teacher in a violent urban school district.I was attacked in late 2013 by a previous sexual predator. My diagnosis is complex PTSD since as a teen I was homeless andi n the sex industry. Last year I filed for SSDi and was denied at the final stage that I could find gainful employment out side of my field. I attempted to go back to work and have not reported for work in 3 weeks. I did not appeal since I thought I might be able to finish out my career. Im not sure how to proceed
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Disability through SSI is not an easy process and many more people are denied than accepted. Whether or not you could qualify is dependent on the strength of your doctor testimony, so you need to get your doctor to strengthen his testimony about the severity of your condition if it is so severe you cannot return to work. That is where you need to start. You should have an attorney and reapply and get your doctor to write an updated report about the severity of your condition.
You can also seek to apply for a disability under your teacher's pension plan as well, since this was a job related injury that took place.
I am afraid though that these are your only remaining options at this point.
Customer: replied 9 months ago.
my district is asking for my resignation. I want to work. it took me 20 years to obtain my degree. I am currently 54 years old but have only 15 years service credit. the attack was off school grounds and was not linked to my job in any way except maybe my reaction to it. I'm not sure if Im hurting myself by "wanting" to work. I definitely can no longer do classroom management wich is an essential part of my job
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You are going to need to get back to your doctor to determine that and if he determines you cannot, then you need to return to apply for disability with SS. You also need to seek the disability pension from your employer. Those are your only real options here if you are saying you cannot return to the classes. Your options I am afraid are limited.
You can ask for some reasonable accommodation under the Americans with Disabilities Act from the employer, if there are any accommodations you can have based on your disability that would allow you to return, but from what you are saying there may not be any and in that case you have to get your doctor to reevaluate you and reapply for SSDI.

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