Does being denied short term disability mean you would automatically be denied long term if you are still under doctors care?

Asked almost 2 years ago - Pittsburgh, PA

Hurt my back, went from light duty clerical position, to flma and short term. Due to cutbacks company elimitated my job of 12 years to a physical job. Unable to do because of restrictions. Still under doctors care. Short term has been denied, no monies and I have appealed. Same decision. Now short term is ending. My company sent letter of termination if proper documentation is not received in a timely fashion. I am due back to doctors this coming week still having back problems. I do not know my legal rights. Concerned that if I don't go back to work I will be denied long term and unemployment. If i go back to work still injuried but released and unable to proform I would be terminated and denied unemployment with my back issues. The co. pays short, employees pay long term. Thank you.

Attorney answers (1)

  1. Lawrence A Friedman

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The short answer is that a person who isn't disabled for short term disability likely isn't disabled for long term disability either BUT the fact that you were turned down does NOT mean the company was correct in the first place. In many cases disability is denied because the claimant doesn't present his case properly rather than because he is disabled. Many lawyers take disability cases on contingency. Look for an SS disability lawyer,

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more

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