Legal Question in Disability Law in Massachusetts

Short term Disibility

I'm on short term disibility for Broken ribs (injy date 2/6), I have an office job, and my primary has me out until 4/13, now my disability company is telling me the specilist I saw 30 days after the injury says it's ok to return to wrk. My primary says NO, I have Phy Thypy 2x's wk until 4/13. Does the Specilist have the right to send me bck to wrk when my primary says no?


Asked on 3/28/07, 10:19 am

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Short term Disibility

Probably, although it depends on what the terms of your STD policy are. If you work for a company with an HR person or dept, ask HR for the STD "Plan Summary," which they are required to provide you upon request. The Plan Summary might answer your question. If not, ask HR to help you find the answer.

If you have no HR contact, or insure yourself, contact the insurer directly, also asking for the Plan Summary. If that doesn't answer it, ask how to challenge their decision to terminate benefits when your treating physician disagrees with the specialist's conclusion you can work.

If this turns into a genuine dispute, involve an attorney, as the area of law is very complicated and governed by the ERISA statute, which contains all kinds of procedural requirements you must meet in order to preseve your rights and bring a valid claim. I am experienced in ERISA and disability law. Contact me if you need to bring a formal claim under the terms of the policy.

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Answered on 4/10/07, 9:48 pm


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