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Terence Sean McGraw

Terence McGraw’s Answers

417 total


  • 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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  • Can my employer make me use my vacation and sick time when I was out being paid by workers compensation?

    Terence’s Answer

    There is no law prohibiting this type of policy. There is no law requiring it. Many employers have policies mandating the use of paid time off at the beginning of a leave. It is often more of a concern for employers in managing FMLA entitlement. It is a good idea for employers to treat all leave claims, whether WC or not, the same so they avoid claims of discrimination.

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  • Will I need to retain a personal injury lawyer,or can I settle this issue without representation

    Terence’s Answer

    You definitely need a lawyer for this one. Fall injuries due to the condition of a parking lot, while on lunch break, are very fact specific. One tiny factor that you might not even think of could be the difference between success or failure with regard to appealing your workman's comp denial. Getting a workman's comp lawyer with board certification, as suggested by others on this post, will insure you that you have a lawyer who has been to this particular rodeo before. Depending on who owns the lot, you may also have a personal injury claim. So you should look for a lawyer or firm that handles both premises liability claims and worker's comp claims. You may also be entitled to unemployment comp, short term disability or long term disability while you are fighting the worker's comp claim, so make sure the lawyer knows how to help you with those potential claims too. Good luck.

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  • Can your previous employer keep your last check?

    Terence’s Answer

    No. In addition to hiring a lawyer, you can file a complaint with the Wage & Hour Division of the Department of Labor. Forms are available online.

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  • At-will employment?

    Terence’s Answer

    You are correct. Your employer is violating the law. I suggest you call the Wage & Hour Division of the Pennsylvania Department of Labor or file an online complaint at http://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-Complaint-Form.aspx.

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  • Is my part time job as a independent contractor considered concurrent employment?

    Terence’s Answer

    Under PA law, the answer to your question is very unsatisfactory. Self employment income is not used for the calculation of the average weekly wage. But, if you are able to continue your self employment while disabled from your employment, you will be treated as partially disabled and the earnings will be used to reduce your benefits to a partial disability benefit.

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  • Can an employer (pastor) deduct a days pay for a mistake in judgment?

    Terence’s Answer

    Were you suspended for the day or did you work the day and have the pay withheld. Suspension & non-payment is legal, regardless of fairness. Not paying you for a day you actually worked is a violation of the wage & hour laws.

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  • How is this legal ?

    Terence’s Answer

    As a workers compensation and disability lawyer, I think it is my job to get some money coming in from somewhere so my client can keep a roof over his/her head. Mr. Pavelle has done a very admirable job identifying all the various issues you are facing, but I think I can help give you some guidance in regard to getting to some income in these desperate times. WC cases can take 9-12 months, or longer to bring to a conclusion. Your other claims may pay you a wage replacement benefit much sooner.

    There is a tension between your short term disability claim and your WC claim and your UC claim. You must be disabled from your regular job to pursue STD and WC. You must be "able and available to work" to pursue your UC claim. All of these claims can be pursued, but pursuing them must be done correctly to avoid negatively impacting another claim. You need to be able to show that you cannot do your regular job but could do alternate, less demanding work in order to pursue all three.

    UC is limited to 26 weeks of benefits. If you can prove that you are able and available for some work (not necessarily your regular job), you should have a relatively easy time accessing your UC benefits due to your layoff. Any UC benefits you receive would be a credit reducing any STD benefits you get.

    Your STD claim may be governed by ERISA, a federal law concerning employee benefit plans. This area of the law is a minefield for the uninitiated. Your STD claim may be governed by state law if it is an "employee payroll practice" rather than a benefit plan. It gets tricky.

    In any event, you may not need to address that issue. I am guessing that the STD program denied your claim because you indicated your disability is due to a work related injury. Most STD plans will not pay for work related injuries. But if the WC has been denied, you provide proof of the denial, and your enter into a reimbursement agreement indicating you will pay STD back if you win your WC claim, the STD program should agree to pay you.

    Accessing the STD benefits would be important if you also have a long term disability policy. Unlike STD, most LTD policies do not have an exclusion for work related claims. But again, you will not to be able to collect both benefits in full. Pursuing the LTD claim would be important protection for you. You are not guaranteed a win in WC court. If you do not win there, you would want to have LTD in place as a fail safe.

    You have options. But you really need a lawyer who knows how to handle each of these claims to help you navigate these claims. Done correctly, your finances can be safe-guarded. Done incorrectly, in a shotgun fashion, they all can blow up on you. If you have a WC lawyer who can't tell you how to pursue these claims, you may need to talk to other WC lawyers.

    And, when searching for a lawyer to handle your potential age discrimination claim, I would recommend looking for an "employee discrimination lawyer" in addition to a "civil rights lawyer."

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  • What about overtime worked over 40 hours and not paid overtime. This is for a hourly employee

    Terence’s Answer

    That may or may not be lawful, depending on whether you are an exempt employee. If you think you are entitled to time-and-a-half, rather than salary pay, and you work for a large employer where there are a number of employees in a similar situation, you should contact a wage-and-hour lawyer in your area. If you work for a small employer, you may not be able to find a lawyer to assist you. In that case, I recommended that you contact Pennsylvania Department of Labor wage and hour division.

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