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My company offers short term disability and has paid other…

Customer Question
My company offers short...

My company offers short term disability and has paid other employees who are off for surgery. I just had a hip replacement and was refused short term disability because they said it is for people that are totally disabled and waiting for disability

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Az

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They first told me in an email that I would get short term disability then sent a second email mail saying I did not qualify

Submitted: 9 months ago.Category: Employment Law
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9/21/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 9 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,360
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, since employers are not required to pay any disability benefits at all, they can choose when to offer it. It is not unlawful for an employer to restrict such benefits to circumstances in which employees are "totally" disabled. All you can do is attempt to reason with your employer, but there is no way to compel payment. I truly wish I could tell you otherwise.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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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).

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