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I have been out of work term disability months with panic. I…

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I have been out of...
I have been out of work for short term disability for 2 months for anixiety with panic. I recently was release to return to work with restrictions. My employer is having difficulties with my restriction and is delaying my return. Since my release over a week ago I have started having oanic attacks all over again, I don't feel that I can actually return to work and perform my job as needed. What are my options? Can I quit and collect unemployment ? Would I be eligible? What information would be needed from my doctor?
Submitted: 2 years ago.Category: Employment Law
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Answered in 17 minutes by:
1/20/2016
Employment Lawyer: John, Employment Lawyer replied 2 years ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,043
Experience: Exclusively practice labor and employment law.
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Unemployment isn't an option because you cannot quit for a medical reason and claim benefits; your claim would be denied. The only other option you have to go back to your doctor and explain your concerns with returning and panic attacks. You need to have your diagnosis changed. You may need to see a specialist in your condition. You'd also need to know if you can convert your short term disability into long term disability. The only caveat here is that mental conditions often are limited to two years of benefits. Likewise, if you get a permanent disability diagnosis then you can apply for social security disability.

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Employment Lawyer: John, Employment Lawyer replied 2 years ago

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Customer reply replied 2 years ago
Thank you for your response, however I'm wondering when you say medical reason, isn't there such a thing called good cause? Illness linked to job, aggravated the medical conditions?
Employment Lawyer: John, Employment Lawyer replied 2 years ago

Yes, in full it's "good cause attributable to the employer". In other words to be able to resign and get benefits, you resignation has to be for some reason attributable to the employers action that is a good and sufficient reason for the average person to quit; for example a massive wage cut. To get unemployment you must be ready willing and able to work. If you claim you are too disabled to work, that is not attributable to the employer and you are not able to work. You could in theory claim the employer is doing something so toxic to cause your stress - like sexually harassing you - to be good cause, but the regular stresses of a job (as what is called the "objective person" would interpret them) are not good cause. You've not explained what they've done, so I have no opinion on that as of yet.

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Customer reply replied 2 years ago
I see.. Not trying to claim disability from working, however if the job and related stress contributes to my condition and I am able to perform other related work perhaps outside of the company then I still don't qualify? Even if my medical provider advices me I should seek employment elsewhere?
Employment Lawyer: John, Employment Lawyer replied 2 years ago

That's correct. Absent some extreme act by the employer that is creating said stress. I give the example of sexual harassment as one such stress. On the other hand, like a heavy workload, time pressures, an unpleasant boss or coworker infighting will not constitute good cause.

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Employment Lawyer: John, Employment Lawyer replied 2 years ago

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.

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