Legal Question in Employment Law in California

Unfit For Duty, But Disability Retirement Taking Over a Year

In September of 2000 I was interviewed by a Psycholoist and Psychiatrist and found unfit for duty. They recommended disability retirement. I applied for this and they sent me to another psychiatrist who determined that I should be able to return to work soon. I still am not working, and there has been no decision on my disability retirement. They are now telling me that it will be set for hearing in January,2002. Is there a time limit as to how long they can take to make a determination? Who should I speak to about this dilema? An ADA attorney or a Labor Law attorney?


Asked on 8/16/01, 3:24 am

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Unfit For Duty, But Disability Retirement Taking Over a Year

The ADA has more to do with equal opportunity and accommodations for the disabled. The term Labor law generally refers to collective bargaining and unions. Employment law is the legal area concerning workers and bosses. Your best starting place would probably be an employment lawyer, who could at least point you in the right direction.

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Answered on 8/24/01, 6:45 pm


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