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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Doesnt my rating of totally disabled actor in?

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Doesn't my rating of totally disabled actor in?
Hello Dean,

Did you become disabled before or after your marriage ended?

Are you receiving a different pension amount now because you are totally disabled?
Customer: replied 4 years ago.

NO - I was divorced prior to disability. I get no extra benefits because of my disability. I fought in court for 7 years to obtain disability but eventually lost because the private (dishonest) disability insurance co. said I could still work a desk job! Even though I was in and out of major surgeries practically for 8 years. How could I do any work? And now I got one m.d. to approve of me working a non-physical job no more than 12 hrs/week. So I have no way to garner future wages.

Hello Dean,

Again, my goal is to provide you with excellent service.

Unfortunately, since you were divorced prior to disability, your total disability rating does not factor into how much of your pension your ex-wife is entitled to under California law.

Again, I really wish I had better news to give you, as I sympathize with your struggles to obtain disability for so long and having to go through all those surgeries as well, but I'm afraid California community property law doesn't give these issues any consideration.

The amount that your wife receives from your pension is determined entirely by the mathematical formula that I mentioned before and there are no considerations for spouses who are disabled (although there definitely should be).
Joseph and other California Employment Law Specialists are ready to help you
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Thanks again and best of luck!