Legal Question in Medical Leave in Pennsylvania

depression and short term disability in Pennsylvania

Hi

I live in PA and have been employed from January through now by a very small company (less than 50 employees). My company has no formal policies in place for disability of any kind, no health insurance (I am under my husband's employer benefits). I am unable to work because of my severe depression. I am being treated by my OB as well as a therapist for my current condition. Do I have any rights to any state/federal disability payments? The financial implications of this for my family is overwhelming and adding to my stress. I've put this question under the catagory of FMLA but I know I do not qualify for that under a number of conditions (small company AND have been there less than a year)


Asked on 7/20/09, 9:43 am

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: depression and short term disability in Pennsylvania

Hi. Hope you get to feeling better. The human body is like a battery with postive and negative charges. When balanced, the "battery" works great. If something disturbs the manic and depressive, then one pole is emphasized and neither is of much good because they work disharmoniously.

If you experienced a work-related stimulus and had a physical response, you might qualify for Workers' Comp. Those types of cases are tough to prove because psychological or "pyschic" injuries are thought to be easily faked. An identifiable straw must have, "broken the camel's back."

If you have depression and it is not work-related, perhaps an attorney could review your medical record and locate a second or third medical condition which could, in concert, provide the basis for receiving Social Security Disability or SSI income. I read where you have an OB, which means you are likely of child-bearing years. Once a person is over age 50, the liklihood of a favorable SSD/I ruling increases greatly, and the level of medical documentation is lower as a practical matter.

In sum: apply for SSI from the local Soc. Sec. office. When denied, take the paperwork to experienced local counsel who will operate on a contingent fee basis of 25%. If your condition - Depression or other psychic injury - was due to a work-related abnormal situation or event, then consult with Claimants' Counsel for Workers' Compensation, who will proceed on a 20% fee.

Good Luck.

TV

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Answered on 7/20/09, 1:25 pm


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