Legal Question in Disability Law in California
Can your employer keep you from receiving disability benefits? I live in Califoornia & work for a small school district. I have Fibromyalgia which causes chronic wide-spread pain, specific tender points, chronic fatigue & exhaustion, as well as other health problems including sleep disorder, neurological signs mimicking Parkinsonism, memory & concentration deficits, irritable bowel syndrome, hypothyroidism, & depression, to name a few.I have been battling this since 2005 & have had to take a lot of time off work. As I understand it, Fibromyalgia is recognized as a disability.Three weeks. Ago I submitted a form for completion by my employer. I need thhe form in order to submit a completed packet to my disability insurance carrier so I can receive benefits while I am off work. I have contacted the district multiple times & have not received a call back or email in response. What recourse do I have? Ihave a family & need some form of income while I am off work
3 Answers from Attorneys
Nothing much with your work but file a grievance with them. Contact the EEOC and the department of labor to seek recourse in pushing your paper work through without their help.
You don't need their permission to receive disability benefits. If this is 100% non-industrial you need a doctor certification and you will be able to receive disability either total or partial benefits.
Feel free to me at 213.388.7070 if you srill have questions.