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Recent employment law questions

About 2 years ago I was diagnosed with Parkinson's

About 2 years ago I was diagnosed with Parkinson's Disease, I work for a very large company that uses Aetna as their benefit plan administrator. There are a few things that I am concerned of (I am a 52 year old Male) working in a very competitive sales environment, I have a very good income, retirement and pension plan. I get concerned that if I lose my job for any reason I will not have the insurance nor any other income. I would like to go out on permanent long term disability and need to understand how to do it and how to get there. I asked around for an attorney here local and could not find one with disability insurance experience. I am starting to have discussions with my doctor about long term and they suggested that I take a feasibility test and get an attorney.... So now I have several questions, do I really need an attorney? What is the test? how long will it take? what is the best way to go about this. How bad off do I need to get to qualify for Long Term disability?

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Infolawyer

Attorney

Juris Doctor.

 
36,602 satisfied customers
I am presently working, however I have a progressive disease

I am presently working, however I have a progressive disease that makes it difficult. I pay into a short term and long term (disability) insurance program.I would like to consult with an attorney about my options and actions.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,224 satisfied customers
I have a couple questions. I will start at the begging. Last

Hi, I have a couple questions. I will start at the begging. Last week I injured myself at home off my job. My company is based out of San Francisco. California which has the State Disability Insurance (SDI) program.I also remember filling out the paper work for SDI upon my hire and thinking this is a good thing for me because I am a little accident prone.Well come to find out after my injury I am not eligible for the SDI because I am a Maryland resident, being that SDI is a state funded program.I worked in California for my first few months and my company sent me back to maryland for a contract they obtained for the city of Baltimore. Now I have been paying for the SDI every week for 2 1/2 years and not being eligible for it.I was also not contacted or informed of this issue.This also goes for each employee we have on the east coast has been paying for SDI which no one is a California resident.So here I am with no SHORT turn benefits and my money has been stolen from me.I feel lied to and cheated. I called my manager and was told oh well sorry we can't help you.Also I am a supervisor for the east coast division and receive a salary of 75,000 at 40 hours a week. Anything over 40 hours I get paid the prevailing wages.Now since I am injured and can not physically be at work they are taking my 40 hour a week salary away leaving me high and dry.What can I do?? This hurts!I am praised as there top employee and bring years of experience and knowledge to the table for them. I have worked so hard for this company to have earned the respect to be treated right and I feel I am getting the very short end of the stick.So can they just take my salary away like this?How do I get my money back or get some type of benefits that I was promised?I do have a long term disability I can clam but I won't be eligible for it because I should be healed from my injury in 6 to 8 weeks.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,224 satisfied customers
Second Opinion: I am filling out a disability claim form to

Second Opinion:I am filling out a disability claim form to claim disability benefits from our work insurance plan.I am STILL working, but the writing is on the wall that if I don't file a claim for my disability soon, they will fire me before I file a claim.In the form there are a few questions I am not 100% sure how to BEST answer. So I am asking for best practice for answering these questions.1: It asks if my disability is work related Yes or No. The issue with me is that my knees have worn out.I typically do NOT do things at home that I do at work. ie: I have only a few stairs at home where at work I walk up and dozen a dozen or so flights of stairs, climb ladders, climb scaffolds, etc. But I did not have an accident. I checked BOTH boxes since the ware and tear on my knees is 75% work, 25% home. But I am not sure what "they" will accept as an answer.2: They ask is the is this an illness or accident. I assume illness (since it was NOT an accident), just too much use of my knees over time). Is there a 3rd answer here (kind of like carpal tunnel which they say I also have in my wrists from work).3: The form asks date I became unable to work. I am still working, BUT some days I can't do my job. Is this something I have to make a clean break with? ie: just stop working and claim disability?My boss is a bit shady, and I don't trust him to let this work out. If he sees I am in the process of preparing to make a claim if surgery will not resolve my issue, he will fire me before I submit a claim.Let me know how to proceed.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,454 satisfied customers
I have been recently diagnosed with a degenerative knee

I have been recently diagnosed with a degenerative knee problems. ie: both knees have NO cartilage. I am 59.I can walk OK but I can't climb stairs or ladders without pain, and falls.The problem is my work at a sewer plant is constant stairs and ladders.The doctor says a knee replacements help people walk, but will NOT resolve my difficulty in stairs and ladders.My work is saying do my job, or "there's the door." There is NO light duty.We do have short and long term disability.Questions:1: What are my options?2: If long term disability, how to I approach that issue without getting fired first?3: Since disability is only 65% of my pay, can I still work a light duty job somewhere else to make up the difference.ie: Uber, etc.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,454 satisfied customers
I live in nyc, i was told to go out on short term disability

i live in nyc, i was told to go out on short term disability for 6 moths first, then to apply for full disability? i don't understand why? Can i just file for full disability

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,454 satisfied customers
I am on FMLA leave but my medical condition will require me

I am on FMLA leave but my medical condition will require me to go beyond the 12 weeks to properly heal. I want to extend my leave with American with a disability. Can my employer still terminate me legally with a disability. If my employer terminate me can I still get my disability check from the insurance company affiliate with my employer. Company policy states after 90 days you go into long term disability.

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John

Attorney

Doctoral Degree

 
7,318 satisfied customers
What is the difference between short term disability (which

What is the difference between short term disability (which I am currently on with my company in Charlotte, NC, incorporated in Delaware) versus long term disability which it appears I may need according to my physicians? My issue has been going on since Aug 2015 and we have yet to identify the diagnosis. It involves a lack of balance (ataxia) and falling daily. Every couple of weeks I have taken a hard hit to the head causing TBI. My cognitive issues and memory are sorely lacking. They tested for Multiple sclerosis since my other symptoms lined up with at the time and have progressed (symptoms when they are present - and not all are present at the same time, but sometimes are - are ataxia, balance and gait issues, double vision, loss of coordination, vomiting, exhaustion, falling without warning, hitting my head, TBI, a longer time finding the words I want to use, tremors, cognitive issues, memory loss, forgetfulness, weakened muscles on my left side, painful muscles/bones/joints, and embarrassing lessening of bladder control). They do a three part test. For two of the parts my score was way off the chart. For the third, I was a point shy of meeting the criteria. I sought a second opinion and they told me not all symptoms progress at the same time and to go back and have the test again in a few months as likely that one point would be increased. Instead, they are sending me for epilepsy testing. I've already had a one hour test, now they want me to take a 4 hours test then a 48 hour test. Except for the falling and hitting my head, the symptoms do not match with the NIH guidelines and descriptions.The soonest I can get a neuropsych appointment to assess the damage to my brain is Oct 3. My short term expires on the May 9. I've seen specialist after specialist and they all suggest MS yet my Kaiser neurologist says she doesn't know what to do with me and pawned me off on a doctor at Emory University Hospital brain center.My position of Marketing Director for Analytics, requires much cognitive thought (writing, understanding new federal laws, remembering these laws, turning these laws into understandable language for our clients, as well as analytics, reports and presentations).My company mentioned to me going out on Long Term Disability - but I don't know what that means. Can you help explain?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,454 satisfied customers
I worked company about a year and 8 months before I became

I worked for a company about a year and 8 months before I became ill with what was later diagnosed as End Stage Kidney Disease. I initially took 3 months of Short Term Disability, which was provided by the company. I then applied for and was accepted to be covered under Long Term Disability (LTD), for which a very small premium was deducted from my paycheck, twice a month. With my LTD, I receive 60% of my salary, after deducting for Social Security, and retained my same health insurance coverage. .. Because of my age, now 68, my LTD is scheduled to continue to October 15, 2016 or my getting a kidney transplant, whichever comes sooner. Then,week before last I received a letter from my company's HR department, saying my employment was being terminated as of April 8th, 2016, I will retain the LTD salary benefit of 60%, after Social Security, but my health insurance is cancelled after the end of this month. If my company is covered under FMLA and I have LTD, are they required to maintain the insurance coverage I had when I was working? .

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Marsha411JD

Doctoral Degree

 
18,512 satisfied customers
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