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Short Term Disability

Short Term Disability benefits are granted when a person is incapacitated by any illness or injury and is temporarily unable to resume employment. Unlike Social Security Disability, these benefits are granted for a short period of time — typically between 12 to 26 weeks. Appointed doctors and specialists review such cases to determine whether an applicant is qualified for disability or not. Once granted, the applicant is entitled to a percentage of the salary which is paid by the insurance company or the state. Below, Legal Experts answer questions on laws related to the program.

If I find another job while receiving Short Term Disability benefits, can I discontinue the benefits, resign from my present job and take up the new job?

While there are no rules against interviewing for another job during Short Term Disability leave, you are obliged to notify the SSA that you are cancelling your Short Term Disability benefits and returning to work when you find another job. The key point is that you cannot start work while you are still on Short Term Disability benefits.

Is it legal to collect Short Term Disability from one’s full-time job and work six hours a week at a part-time job?

There will be legal consequences for working when receiving Short Term Disability benefits. If you are on leave for disability with one employer, you are considered incapable of working. The logic here is that if you are able to work, then you should not be on Short Term Disability benefits. Doing so will not only jeopardize your benefits but may cause the employer to bring charges of fraud against you. Ignorance of the law cannot be claimed as defense.

If someone is on Short Term Disability, but is yet to be paid by the private insurance provided by the employer , what legal recourse can be taken?

If a person is e certain that he/she is entitled to the Short Term Disability benefits from the insurer engaged by his/her employer, he/she may send a formal letter from the local attorney stating that a claim for punitive damages against the insurer for refusal pay what is due will be filed. Since such damages will be substantial, the insurer should be motivated to pay the Short term Disability claim as per the policy.

Can I claim Short Term Disability benefits from the state of Arizona if my employer does not offer those benefits?

Depending on your circumstances, you may be able to claim Social Security Benefits which are provided to disabled individuals. Such benefits can be both long-term as well as short-term. To claim the benefits, you will have to contact your local Social Security office.

However, your employer is obliged to pay worker’s compensation in case of a workplace injury.

Many may not be aware that Short Term Disability income is taxable if the employer shares the cost of the insurance premium. This is fairly common as many employers choose to provide disability insurance as a paid benefit to the employees. In such cases, disability premiums are taxed based on the percentage paid by the employer. However, they are not taxed if the premium is paid entirely by the employee using after-tax dollars. To get more information on laws related to Short Term Disability and your rights under the law, you may need to contact an Expert.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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7 Lawyers are Online Now

How JustAnswer Works:

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Recent Short Term Disability Questions

  • If a contractor takes 10 weeks to finish a residential front

    If a contractor takes 10 weeks to finish a residential front porch, but never finishes the job and only does about 40% of the job, how should he get paid. There is no written contract in place, just an emailed agreed to price. Turns out he is not licensed or bonded as well. We are being encouraged not to pay him at all by our general contractor (who was not very involved in this) and to pay off the concrete guys debts owed to the GC and the cost of finishing the job. help!
  • I am the owner/president of an incorpotated business in Washington

    I am the owner/president of an incorpotated business in Washington state that was wrongfully sued. The plaintiff attorney sued my company rather than the proper company. My corporate attorney had to file a motion to dismiss as the plaintiff attorney failed to respond to our requests to dismiss. My attorney fees exceed $900. I have requested that the attorney reimburse the expenses and have received no response to my calls or emails. Suit was brought in a county that is 231 miles from my business. I am considering bringing a small claims action for recovery of fees. Can I recover my mileage and if so what statute would I rely on and what is the rate (it appears 56 cents)? Same question relative to my time? Any other damages (such as interest) that I should consider? Thank you! David
  • What if I was trying to renew a warranty and when I tried to,

    What if I was trying to renew a warranty and when I tried to, they said that they didn't have data on the purchase of my product. So then when I called back they said that a mistake was made, but they wasn't going to assist me with purchasing a renewal because it was pass the expiration date. I told them that I've called repeatedly prior to the expiration, but they couldn't find my purchase. She apologized and said that she couldn't help me. What can I do if I have proof of this taking place.
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