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Most likely, yes. File a claim and have your doctor complete the Attending Physician's statement as well as your specific limitations and restrictions. Then have your employer provide you something in writing, stating that they cannot accommodate your limitations and restrictions. Provide this documentation to the insurance company along with whatever other paper work they require. Check your policy for key definitions: * Own occupation policies will pay a benefit if you are unable to perform the material and substantial duties of your job. * Any occupation will pay a benefit only if you cannot perform any work.

* Total disability * Partial disability

2008-09-09 18:42:46
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If collecting Short Term Disability from employer because they wont accommodate light work load from Dr note can you get second part time job with light work load and still collect short term disabily?

Is the employer the DI company (self insured) or is there a DI company? Ultimately you would need to ask the claims department.

If my employer withhold my disability benefit I am entitled to is that discrimination?

No. There is no possible method in which your employer can withhold this. The Government is the governing body for disability insurance. They issue checks for disability. If you are trying to get a workmens compensation claim, the company is not the issuing body either. The company has an insurance company that would pay these claims and again, the administering body is the Government. The employer is only responsible to pay you for when you are working. Compensation claims go through your state.

What is an extension of disability?

It means that the duration of your disability has been extended. The context of this would depend on who was telling you this, for example, your physician, your insurance company, your employer, etc.

Does an employer have to make accommodations for a disabled employee?

Yes, unless the company can effectively prove that it would be "Undue Hardship" for them, if they did accommodate.

Do you have to offer short term disability as a company in MO?

Missouri does not mandate short term disability coverage. The choice is left up to the employer. Most employees pay for disability coverage 100% themselves via payroll deduction, so there is no direct cost to the employer to give employees this option.

Who pays for employees pregnancy disability claim in PA?

Pennsylvania does not have state disability or mandated paid leave. If you have a policy, then the insurance company would pay the claim.

Are long term disability payments taxable if employee pays for coverage through their company?

You should consult with a tax specialist, but generally employer paid disability insurance benefits are taxable.

Does Georgia offer short term disability for maternity leave?

I think it depends on the company and their Short Term Disability plan. The company I work for does have maternity in there short term disability thankfully. Ask your Human Resources Director or your manager. They should be able to pull up the company's disability plan. The state of Georgia does not have a mandatory short term disability program. It leaves the choice up to the employer. Short term disability programs sold via workplace marketing will provide a maternity leave benefit, provided you enroll preconception. If your employer does not offer short term disability, it's easy to ask them to do so. Your employer simply needs to agree to deduct the premium from your pay, and forward the premium collected to the insurance carrier once a month. There is no direct cost to your employer, and no obligation to fund any premium not deducted from your pay.

Why is it so expensive to purchase disability insurance for individuals who 's employer wont offer it through their company?

Individual Policies are better. The employer can't cancel it. You can take it with you to a new job.

If you were diagnosed with MS on Nov 9 2007 and you have been on disability since and your employer has terminated you can you still collect disability?

If you had active coverage under your group short-term disability or long-term disability plan on November 9, 2007, then you may be eligible for benefits. You will have to find out what insurance company handled your disability benefits during that period of time, and then follow-up with them. Whether you are actually eligible for benefits will depend on the contract your employer had/has with this insurance company. Some contracts have late filing penalties, some have clauses regarding termination of employment, etc. Long story short - call that insurance company. You may be eligible for disability benefits.

What are the disibility discrimation act laws in relation to protecting an employee who has developed serious back pain to the point of seeing an OHN at the comp and the company trying to fire them?

An employer need not accommodate an employee's alleged disability until the EMPLOYEE initiates a request for a specific accommodation, and provide medical evidence of the impairment. THEN, the employer decides if the impairment can be accommodated, either the way the employee suggests, or any other way which is not costly or violates a union contract. An employer attempting to fire an employee does not necessarily violate ADA. Back pain is not disability. ADA disability is a permanent condition which substantially impairs a major life activity: seeing, hearing, walking, talking, eating, sleeping.

Does the employer have the right to disregard the disability if the policy of the company is to discipline an employee even though he has ADA?

Absolutely not it goes against the ADA.Its a federal law

Are long term disability payments paid by companies insurance policy taxable by state and state governments?

If the Long-Term Disability benefits you receive are from a company sponsored program, the taxation is dependent on whether your employer pays the premiums. Assuming that your employer pays for and provides the insurance to you, then the benefits you receive are taxable as ordinary income.

Will moving to another state affect your disability benefits?

Your individual disability insurance policy is portable and benefits will not be affected by moving to a different state. If you have disability insurance through your employer, and move in a new state while working for the same employer, benefits will not be changed. However, if you leave your employer, you may lose the disability insurance benefits through a group DI policy. If you are currently disabled and are receiving disability benefits from the state, you will have to check with the new state regulations on social security DI; If you are receiving benefits through a personal/ individual insurance policy from an insurance company, then benefits are not going to be affected by the state of residence.

If your employer changes health insurance in your last few weeks of pregnancy will the new insurance cover you and the baby?

That is something you will need to check with your new insurance company. Most have some sort of coverage for pregnancy. Look over the policy and call the company with questions.

Can you receive disability from your job and disability from social security at the same time?

Yes, it is very common for disability insurance plans to include a clause for social security disability, meaning the insurance company will pay a portion of the monthly benefit, expecting that you would apply for social security benefits to pay for the "Supplemental Social Security benefits". In the event you get declined by Social Security, then the insurance company would cover the additional supplemental benefits. Employer group plans as well as individual disability insurance plans can include that clause.

If you are on short term disability in Indiana from your current employer can you accept another position from a different company I am on a medical leave approved by my doctor and can return soon.?

This is for Canada, but I'm pretty sure the same would apply in the US. The short answer is no, because most employers will have an exclusivity clause in your contract that means you cannot work for another employer while you are with them, and you are still under contract while you are on disability. You can probably quit your job while on disability and not be adversely affected, but I would definitely suggest reading your contract before doing this to make sure your employer won't be trying to recoup the disability payments. You might also find that your employer would terminate your disability if you gave notice, although I'm not sure of the legal background to this (employment law is very vague in Canada).

Can you collect lost wages from your insurance company in a no fault claim even if you were paid by your employer for disability collected sick leave while you were out of work?

You will have to read the contract. Insurance contracts differ.

Can you collect a disability check and hide it from new employer?

It's difficult to tell what you're really asking in this question.Scenario 1If you're currently receiving disability benefits and working without violating a private insurance policy's rules or government regulations, then you're not required to reveal your disability status and there is no real way for the employer to access your medical records.If you apply for health insurance benefits through this employer, you would probably have to reveal pre-existing conditions to the insurance carrier. This information should not have to include your disability status.Scenario 2If you want to file a disability claim against a private insurance policy purchased through your new employer, there's no way you can hide it because the insurance company will need to verify certain qualifying information with the Human Resources department. You will also be bound by the contract you signed with the insurance company, which may include a provision against working and drawing disability at the same time.Scenario 3If you receive a monthly Social Security Disability (SSDI) or Supplemental Security Income (SSI) check, and you engage in Substantial Gainful Activity (SGA) by earning more than $1,000 per month ($1,640, if blind), and you are terminated from disability, your employer may find out if the government garnishes your paycheck for overpayment of benefits.

What is the best company that offers disability insurance?

We invite you to call us or visit at Instant Disability We would be happy to discuss your needs when it comes to income protection and disability insurance.

Can you collect employer disability benefits and SSI?

Yes, you can collect employer disability benefits and Social Security income benefits (SSI) at the same time. However, just about all group Disability plans will include a provision stating that benefits will offset dollar-for-dollar with any SSI benefits you receive or are eligible for, including personal and family SSI benefits.In other words, your employer disability benefits will be reduced in direct relation to the SSI benefits you qualify for. In many cases, the insurance company providing coverage can actually assess an expected SSI benefit for a claimant (specially if he/she does not apply for SSI), and reduce benefits by the expected/assumed amount.

Is the insurance company required to notify you if your employer cancels the company policy thereby cancelling the employee coverage?

No. The Employer must notify you.

What does the workers comp insurance company need from the employer?

The workers comp insurance company requires the employer to insure all the employees.

If you need to go on short-term disability to treat alcoholism does your employer need to know that this is the reason?

I doubt it - HIPAA privacy and all. No. Your short term disability insurance company will determine if it is a covered event. All your employer needs to know is that it is a qualifying event. A good HR department would never ask and would not want to know why. There exposure to privacy law violations would be way to high.

Describe how you view as an employer?

An employer is the person or company that you work for. It is your responsibility as an employee to represent your employer by doing a good job.