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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...
characters left:
5 Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 8436
JD, BBA Over 25 years legal and business experience.
Ely
Counselor at Law
Satisfied Customers: 19941
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
FiveStarLaw
Attorney
Satisfied Customers: 8189
25 years of experience helping people like you.

Recent Short Term Disability Questions

  • I have a question that describes a scenario I have found myself

    I have a question that describes a scenario I have found myself in. There was a prior tenant at my place with a different name as described in the search warrant for computers, for an internet crime. I am not guilty of this particular internet crime (It was for child porn), but did have copy written works of legitimate movies shared only personally between me and one other friend, and a music collection, neither of which I had shared on the internet. My computers are currently with the FBI and they have taken nearly three weeks to scan them so far, but are pursuing the other individual already (I was notified he has an arrest warrant out for him). How concerned should I be about my movie collection and music collection for facing certain litigation? Thank you for your answer and time.
  • I went to purchase a firearm on black Friday an filled out

    I went to purchase a firearm on black Friday an filled out a ATF form an my purchase was put on hold.im starting to wonder if I put a wrong answer as I do have a restraining order currently in effect.that I did not know could keep me from the purchase. How much trouble could I be in for my mistake an what should I do?
  • If I leased a piece of equipment from someone, for 6 months,

    If I leased a piece of equipment from someone, for 6 months, and it got totaled in an accident, within the first two months, and my insurance paid for, do I have to pay the remaining 4 months of the lease payments, to the person I leased the equipment from?
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