California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

My spouse suffers from a degenerative organic disability that

increasingly impairs cognitive functioning. He...
My spouse suffers from a degenerative organic disability that increasingly impairs cognitive functioning. He is unable to negotiate the disability benefits application. His employer's HR is giving him conflicting information, and he is in danger of making errors that would have long-term consequences. He is too disabled to apply for his disability benefits, and I believe that is being exploited. What could someone in his situation do?
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 1 hour by:
9/18/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Hello,

I'm sorry to hear about your situation and hope I can help.

My name is XXXXX XXXXX my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Have you filed for power of attorney for your husband?
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

I have not filed for power of attorney. The rapidity of the degeneration is not atypical for his disorder, but it has been difficult, until recently, to assess his mental status. I have heard of surrogate decision making. Would durable power of medical attorney apply to this task?

Hello Gina,

You will need to have him sign a power of attorney form designating you power of attorney, so you can negotiate disability benefits and obtain them on his behalf, in order to prevent him from being exploited in the process.

A good general durable power of attorney form is available online here:

http://www.thedocdiva.com/CALIFORNIA_GENERAL_DURABLE_POWER_OF_ATTORNEY.pdf

A power of attorney gives you the same rights to make decisions for your husband that he would have on his own, including negotiating and making decisions regarding his disability insurance benefits.

You can take it to a notary and have it notarized after filling it out and it will be immediately effective so you can represent your husband's interests in all disability insurance matters going forward.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Dear XXXXXph,

 

I do have one followup question, thank you. I am now the sole caretaker of our severely developmentally disabled teenage child, and I work full time. I am not sure that I am able to effectively take on the additional task of advocating for my spouse, who is separating from my own employer-we both are faculty at the University of California. Is there any service that might be available to my spouse to gain his benefits because he is disabled? I am unable to determine whether he has any rights to patient advocacy based upon cognitive impairment. Would it be helpful to hire a disability lawyer, even if it is in regard to disability benefits specific to this employer?

Hello Gina,

Yes, there is a group called Disability Rights California that would help provide assistance to your husband in gaining these benefits, since they advocate on behalf of disabled individuals state wide.

However, I would still recommend that you get the power of attorney completed, as you will definitely still need it, if you are the one that would be signing off on the disability benefits approval, even if you are able to get Disability Rights California to do the negotiating and advocating on your husband's behalf.

Here is a link to the group, including their contact information:

http://www.disabilityrightsca.org/

Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Thank you very much for your help, Joseph. I amended my question at the last minute to ask if consulting a disability lawyer might be warranted. If you could give me feedback on that question, I believe I have the information that I need. Your advice has been extremely useful, and I will be reflecting that in your rating.

Hello Gina,

Happy to help.

Yes, I would suggest that speaking to a local disability lawyer could definitely be helpful. However, I'd avoid hiring on unless necessary. Many disability attorneys are of the social security variety and get paid on commission based on successful claims (including claims that could have easily just been brought by the individual him or herself), sometimes preying off the disabled instead of assisting them. This is the exception to the rule, but it is worthwhile to keep on a lockout for this.

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Joseph and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
5,299 Satisfied Customers
Experience: Extensive experience representing employees and management

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
Marsi I worked for local 324 from 1987 to 1995 they say I am
Hi my name is ***** ***** I worked for local 324 from 1987 to 1995 they say I am short seven to 10 hours to become vested I believe I had a total of 9800 hours but all of my papers burned in Sonoma co… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
I have been called to an investigation meeting with my
I have been called to an investigation meeting with my employer based on a complaint that another employee said i have been rude and condescending for 2 years. The interrogation is on Tuesday. I would… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,286 satisfied customers
I was out on pregnancy disability from april 1, 2017- August
I was out on pregnancy disability from april 1, 2017- August 1, 2017, then took 6 weeks of cfra from August 1 to September 12th. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I suffered a workers comp injury back in 2013 and have
I suffered a workers comp injury back in 2013 and have lifetime medical for psych and my right shoulder here in CA. My case was recently reopened, and I would like to request a service dog again for m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am looking for an attorney with experience in workers
Hello, I am looking for an attorney with experience in workers compensation … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am looking for help regarding my job, which is
I am looking for help regarding my job, which is headquartered in California, but I am located in MI … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A company offered a PR position to service their LA and NY
A company offered a PR position to service their LA and NY agencies. The employed mentioned that this position would also be helping their TBD/soon to be launched company. Upon confirming employment, … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a small California based consulting business. So far,
I have a small California based consulting business. So far, it has been me with no employees on payroll. My first full time employee comes on board next week. I want to make sure I am in compliance w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,286 satisfied customers
I have a Salary employee who did not give her two weeks
Hello-I have a Salary employee who did not give her two weeks notice. Question: Do we have to pay out her accrued PTO and Sick time?… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
My employer owes me 6.5 years back pay for "special
My employer owes me 6.5 years back pay for "special incentive compensation" because I hold state license registration that qualifies me for this union contract extra pay provision, however employer is… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
What does this statement mean? For the reasons provided
What does this statement mean? For the reasons provided below, we have determined that you cannot perform the essential functions of a Document Verification position.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In California ... iWork 8 to 3. I usually get my 30 between
In California ... iWork 8 to 3. I usually get my 30 between 8 and 11 maybe 11:30 then a 10 around 1 to 2 am I entitled to more breaks. … read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question about california state disability
Hello, I have a question about california state disability eligibility … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I manage a small business in California. I sent home an
I manage a small business in California. I sent home an employee for one week with no pay on a disiplinary suspension for repeated violation of our company policy that employees must work till 5pm unl… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was falsely accused at work and they suspended me until
I was falsely accused at work and they suspended me until they investigate. My issue is she has made racial epithets towards me and sexual remarks but being a guy I didn't go to H.R. I thought was coo… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was wondering if a supervisor texts you a warning through
I was wondering if a supervisor texts you a warning through about a final warning should it be seen as a threat … read more
socrateaser
socrateaser
1,031 satisfied customers
My boss states tehre has been performance problems for 6
My boss states tehre has been performance problems for 6 months and wants to put me on performance improvement plan. If they do that is it legal ? If my illness caused my performance issues and i come… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work for Wal-Mart, they have a policy called 'customer
I work for Wal-Mart, they have a policy called 'customer first' which they say employees are where you want them when you want them. However, if an employee does not have 'open availability' (availabl… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x