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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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14 Lawyers are Online Now

How JustAnswer Works:

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    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
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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Lawyers are online & ready to help you now

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

Recent Short Term Disability Questions

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    My son was at work when a woman stuck her butt in my son's face while in a van. They were both in the middle row seats. From that position she reach over the front seats to shut off the radio and at that time she put her butt in my son's face. He said "excuse me, not put your butt in my face". She totally ignored him and a short time later she did the same thing. He touch her on the hip to move her away and she left the vehicle to complain to there manger. My son when question by the manger admitted to touching her and was immediately sent home. He was informed the matter was referred to human resources.
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    while we were out of state for the holidays, my wifes business
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    Hello...Do you feel that I can win a claim against a bank after its admitted mistakes caused me to temporarily alter my lifestyle and also could have caused me to lose my job and consequently my home as well as other assets?
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