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I filed for disability in June. My company refuses to accept

my doctor's explanation of why...
I filed for disability in June. My company refuses to accept my doctor's explanation of why I am not not working - COPD, emphysema, mandatory use of oxygen 24/7. Company said doctor is not seeing me often enough to have such a diagnosis, that the answers he gives are too vague, etc. I am not sure how to handle this. My doc is really tired of filling our their monthly reports. Now I have to tell him that his answers are not adequate. Company said that answers probably won't be good enough. I have yet to receive any money except my sick pay and personal time pay. How do I handle their demands while not harming the doctor/patient relationship? Thank you. Any help is appreciated.
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Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
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10/19/2016
Maverick
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6,425
Experience: 20 years professional experience
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You may want to look past the employer's superficial assertions regarding the doctor's notes being too vague and see through to the law that governs here assuming that you are in an employment at will situation.

An employer can fire employees at any time for any reason, as long as discrimination based on race, religion, national origin, gender, and disability isn't a factor in the firing. This means that employers can fire employees with or without legitimate doctors' notes. This can happen, for example, if there are too many absences from work.

The exceptions to this rule are that employers cannot fire employees just because they filed workers' compensation claims. Also, if the injury or medical condition is legally documented to be a disability, the employer must make reasonable accommodations to help the worker to perform his or her job as per the Americans with Disabilities Act.

If you still want to do a phone call, please accept my offer. The cost is only $5.00 more.

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Customer reply replied 1 year ago
Really? you did not answer my question at all!! Did you even read it? All you gave was blah, blah, blah . "This means that employers can fire employees with or without legitimate doctors' notes" I am not looking to getting fired . . . I contacted you about disability pay!!
What a rip off!! Should have known better.

I did read your question. Does it not occur to you that if the company can fire you, it may also be able to deny you your disability pay. I am sorry this answer was not to your liking. I will opt out and let another expert try to give you a second opinion. You may want to read the company handbook to see if it states something different in the context of disability payments.

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Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,441
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.
The disability you applied for, is it under the employer's private plan? Also, have you sent the employer a "request for reasonable accommodation" under the Americans with Disabilities Act?
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Customer reply replied 1 year ago
thank you. I apologize for my last response, but please realize that I am not versed in this subject at all so I cannot assume a supposition from a vague ( in my point of view) relationship. Using the word "fired" is not a synonym for "disability pay" to me!! The disability is under the employer and I have not sent the request. When I asked my manger, all she could offer is a cash office job that is not full time and is a job in which I am terrible. Other than that, I have had no guidance at all. I can't even get my vacation pay!
Thank you for your reply.
First of all, if you have a disability plan through the employer and your doctor's report says you cannot work, then legally they cannot deny your claim. They are entitled to detailed medical reports and medical records from your doctor to prove your claim. You need to file your claim and if the insurer denies your disability despite your doctor saying that you cannot work, then you have a case to sue the disability insurer/employer for breach of contract for not properly providing a contractual benefit to you (if an employer provides disability benefits to employees they must provide them based on medical qualifications).
So if the employer refuses to pay your disability despite you submitting documentation, your next step is a local attorney to sue for those benefits.
Second, if you have a permanent disability and need some type of reasonable accommodation to return to work, you need to submit a letter to the employer requesting those accommodations under the Americans with Disabilities Act and if they deny you then you file a complaint to the EEOC for violation of your rights under the ADA and the EEOC must investigate and give you a right to sue letter before you can take them to court.
Finally, if you are going to be permanently disabled from your condition, you need to also consider applying for Social Security Disability benefits in addition to your employer's disability benefits.
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Customer reply replied 1 year ago
Thank you! This is the info I needed. I am already collecting Soc. Sec so that is covered. I will follow your advice and see where it takes me. Again, thank you for y our expertise.
Thank you for your reply.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,441
Experience: 20+ Years of Employment Law Experience
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