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Terence Sean McGraw

Terence McGraw’s Answers

415 total


  • Are you able to collect unemployment if you get hurt "off the job" and your employer will not meet your doctor's restrictions?

    Terence’s Answer

    If you have 1) medical restrictions and have 2) communicated them to your employer and 3) your employer is unable to accommodate those restrictions, the unemployment law classifies your separation as a "quit" for "necessitous and compelling reasons." Ordinarily of voluntary separation from work disqualifies you from unemployment compensation, but when you have a reason of a "necessitous and compelling" nature, you are not disqualified. because the unemployment compensation system is experiencing significant delays due to the workload imposed by the pandemic, I suggest you file your unemployment compensation claim immediately.

    If your employer is able to accommodate your restrictions without undue hardship and fails to do so, you may also have a claim under the Americans With Disabilities Act. You should consult with an employment lawyer who handles ADA claims on behalf of employees.

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  • What can I do ?

    Terence’s Answer

    To be clear, medical expenses are paid whether you lose time from work or not. You may need to get that medical Care from a doctor selected by your employer. You should check to see whether your employer has a panel of doctors set up for workers compensation claims. If it does, you may need to see one of those doctors for the first 90 days. Don't let the employer send you to a specific doctor. Ask to see the list and choose your own. if you're not happy with any of the doctors on the list, consult with a workers compensation lawyer. Employers have to jump through a number of hoops in order to restrict your medical care to that list of doctors. Often, they do not complete all of the steps.

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  • I am 63, have serious chronic conditions and have been working from home. Do I have to return to the office when it reopens?

    Terence’s Answer

    Your employer may be willing to let you work from home. As a managing partner addressing how to return my employees safely, it is no easy task. I try to be guided by my employees concerns as best I can. If your employer seems insistent on your returning to work in the office, you can request that you continue to work at home as a reasonable accommodation under the Americans with Disabilities Act if a doctor will indicate that is medically appropriate given your risk factors. Your employer can only deny a well documented request for reasonable accommodation if it will cause and "undue hardship." In addition to obtaining a letter from your doctor recommending you work from home, I recommend you consult with an employment lawyer who represents employees to help you formulate your request.

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  • Can i apply for social security disability after i get a settlement from workman's comp?

    Terence’s Answer

    Mr. Paluti and Mr. Huber have given you sound advice. You should work with a lawyer or firm that can handle all three cases. The order each case is resolved matters in maximizing your total recovery. For example, if SSD is awarded but offset (reduced) by WC, and then you pay WC back from your lawsuit, the offset can be retroactively eliminated and SSA will reimburse you for the reduced benefits. But your lawyer needs to know that and make that request of SSA.

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  • Is it illegal for spouse, who I’m separated from to keep my social security card and birth certificate from me?

    Terence’s Answer

    I changed your question to the Family Law board where I think you will get a more informed response to this issue. Technically, she is holding your personal property against your will without legal justification. The police will not get involved. The formal remedies I can think of are costly and cumbersome. A family lawyer may have a practical solution for you.

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  • Short term disability wants me to repay them money they sent me

    Terence’s Answer

    I agree with Mr. Belt. STD benefit compensates for actual loss of wages (usually a percentage of the wages lost). STD benefits do not compensate you for pain, suffering, aggravation, etc. The fact that you might have stayed out of work if they had approved your claim initially does not change your entitlement. If there was some. Of time that you did not work, and that. Of time was more than the waiting. Provided for by the short-term disability plan, then you are entitled to compensation for that perod of time at the rate defined under the plan.

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  • I was injured at work. Did not put in a claim. Weeks after pain, MMI shows damage as the result of the fall. Claim now?

    Terence’s Answer

    Levi is right. Your status as an employee or independent contractor is the key. The devil is in the details when analyzing that question. You need to talk to a lawyer to sort those details out. If you are truly an independent contractor, you won't have a workers comp claim. If you are actually an employee you will. If you are not an employee , you may be able to sue the person or entity that controls the property for negligence and recover damages for lost wages and pain/suffering. If you have disability insurance, you may want to make a claim under that policy.

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  • Can an employer legally ask you to not file for unemployment?

    Terence’s Answer

    No it does not and cannot include UC claim. Based on amount of severance, it will not impact UC benefit. File.

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  • Try to go back to work on ssd?

    Terence’s Answer

    Assuming that you did not work any in 2015, gross earnings of $800 or less would not have used any of your trial work period months. During the trial work period, you are allowed to earn income in excess of the substantial gainful activity amount without incurring an overpayment. Based upon your description, you have now used three of your nine trial work period months. There should be no effect on your benefit amount or the duration of your benefits as a result of those three months of increased earnings.

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  • Can I collect Workmen’s Comp. can’t find a job after Workmen’s Comp. settlement

    Terence’s Answer

    If you signed a resignation as part of the settlement documents, which most employers require when settling with you, probably not. If the resignation states that you were under restrictions and limitations, and the employer could not accommodate the restrictions and limitations, and that is why you resigned, you can collect UC. See https://www.wmpalaw.com/can-one-recover-unemployment-compensation-benefits-after-the-wor.html

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