Legal Question in Medical Leave in California

Consulting while on short term disability

I am currently employeed with a

company and on short term disability

due to an illness. I have been asked

by another company to do some

consulting for them on a completely

separate topic than my normal job.

Am I allowed to consult while out on

short term disability? Will I jepordize

my disability if I do this consulting

job?


Asked on 10/12/07, 11:04 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Consulting while on short term disability

It depends on the reason you are on disability. If your doctor has gone on record as saying you are unable to perform any work, which the insurance provider relied upon to approve benefits, performing work for someone else may support a claim for fraud and almost certainly get you fired.

If the reason for the disability is limited, i.e. you have to stay off your feet or not perform heavy lifting, and the work you are asked to do only requires sitting at a computer, there would be no fraud. But you must be sure you know what the documentation says before you take this on.

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Answered on 10/12/07, 1:21 pm
Terry A. Nelson Nelson & Lawless

Re: Consulting while on short term disability

You get disability only by claiming that you are unable to work. Collecting while earning income could be viewed as criminal fraud.

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Answered on 10/12/07, 2:50 pm


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