Legal Question in Disability Law in Pennsylvania
union disabilty payments
When I tired to get union disabilty for bone spuring i had to go see a doctor of their choosing and we all know what he said your fine go back to work nothing wrong with you, even tho I have been told I have bilatiral epicondyltis bone spurs in both elbows, this causes sever pain and weakness in my arms.
I was told by the person I spoke to in the main office in washington dc if I can have a doctor say I was disabled before march 2003 that I can get the 500 a month in disablity, Now I have found in my records, my one doctor said '' he is not capable of returning to his prior employment at this time'' that is from a bone specialist. can i get my disabilty with back pay?
1 Answer from Attorneys
Re: union disabilty payments
No one can answere the question definitively without more information.
I can tell you that information created at the time will help bolster your claim. I cannot say whether that will help your claim or not.
The question you seem to be asking is whether the doctor that you were to has the final say. In every case or circumstance that I am aware of you may get a second opinion. A doctor providing an opinion does so only "to a reasonable degree of medical certainty." As you had a doctor that had identified your condition prior you may also be able to find an acceptable physician to substantiate the first physician's findings. In other words, get a second opinion, that you'll have to pay for (though you may be able to use your insurance) and present that information.
An attorney can help you with such matters for relatively little cost to you. If you need to sue and you win the attorney's fees will often be covered by the judgment.
But, it also appears that you may need to look at other options, such as having the bone spurs removed. In either case you may be eligible for accommodation under the Americans with Disabilities Act and/or the Family Medical Leave Act.
No matter what you choose to do, act quickly. Many employment policies (internal and union) and claims (state and federal statutes) have very short time frames in which you may press your claim. If you wait you may lose any potential claim you may have.
Good luck and regards,
Roger Traversa
email: [email protected]
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