Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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
Show More
Show Less
Ask Your Own Employment Law Question
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: 5,962
Experience: Exclusively practice labor and employment law.
Verified

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.

Ask Your Own Employment Law Question
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.

Ask Your Own Employment Law Question
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.

Ask Your Own Employment Law Question
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.

Ask Your Own Employment Law Question
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.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
5,962 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John 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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,962 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Does paying for short term disability insurance on the
does paying for short term disability insurance on the paycheck a sign to the employer that the individual is regarding as having a disability?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I am receiving short-term disability benefits through the
Hello, I am receiving short-term disability benefits through the state that will end on 5/18/18. I intend on resigning from my current job and would like guidance as far as how to do this. I contacted… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am going out for 8 weeks on short term disability. As part
I am going out for 8 weeks on short term disability. As part of my job I have to take call. My employer now comes to me requesting I make up that call that I will miss while out after I return. Is tha… read more
Ray
Ray
Lawyer
Doctoral Degree
32,540 satisfied customers
I was on Short Term disability in Sept.- Nov off 2017. I
I was on Short Term disability in Sept.- Nov off 2017. I went back two work Dec working from home per my doctor for two months and then went into the office. I go sick again due to stress from work. C… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can my employer add my Fmla and my short term disability
Can my employer add my Fmla and my short term disability together … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I need to file for short term disability with my employer
I need to file for short term disability with my employer under FMLA for stress and anxiety reasons; is my application going to put me in jeopardy for my job? I have recently found out that some reduc… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I am on short term disability for back pain. My pcp
I am on short term disability for back pain. My pcp completed the paperwork. My nurse case manager for my company said future paperwork must be completed by a physician credentialed in the applicable … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Am I required to submit FLMA and short term disability
Am I required to submit FLMA and short term disability paperwork to my employer if I'm working four hours a day in office and working four hours from home while receiving physical therapy for a hernia… read more
Ray
Ray
Lawyer
Doctoral Degree
32,540 satisfied customers
I am on short term disability and term and SS benefits are
HI I am on short term disability and long term and SS benefits are inviable. My question is a lawyer necessary or can my HR be able to handle this. i was a good employee and they have been very good t… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Been iut on short term disability biss has now called dr
Been iut on short term disability biss has now called dr office demanding information and an actural return to work date, that my job is in jeopardy. Have worked at tbe hospital gor 34 years … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
How come if my company has short term disability thru cigna
How come if my company has short term disability thru cigna i have to report my veterans benifit they are not related dont understand is it just a way for the insurance company to get out of paying … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Thanks. I've been on short term disability leave from my job
Hello and thanks. I've been on short term disability leave from my job of 27 years and it ends now. My employer said they'll take me back but don't really need me as business is slow. Can I ask for my… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,837 satisfied customers
I'm currently on short term disability and am not wanting to
I'm currently on short term disability and am not wanting to return to my current employer because the stress of this job is a large part of the reason for my impairment. what is the appropriate way t… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Short Term Disability Insurance: My company of which I am an
Short Term Disability Insurance: My company of which I am an employee has a policy as a benefit for short term disability As I have medical issues that have prevented me from work I have applied for t… read more
John
John
Employment Lawyer
5,962 satisfied customers
If some has and short term disability insurance and is
If some has long and short term disability insurance and is denied their claim and subsequent appeal what is a next course of action to take against that insurance company?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,549 satisfied customers
My current employer does not offer short term disability.
My current employer does not offer short term disability. How can i apply for short term disability… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am currently on short term disability and know I don't
I am currently on short term disability and know I don't want to return to my job. The atmosphere is toxic and unethical. After my short term disability runs out, would I be able to receive unemployme… read more
Thelawman2
Thelawman2
Doctoral Degree
1,356 satisfied customers
My brother was on short term disability and was cleared to
My brother was on short term disability and was cleared to go back to work..The day he returned to work they tell him he's laid off! Apparently they hired someone to take his place while he was gone!H… 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