Legal Question in Employment Law in Pennsylvania

What are my options if my doctor tells me I should not return to my current job due to health reasons? I am 42 years old I have a pacemaker. I am out of work on short term disability right now because I just had surgery. My doctor 'highly recommends' that I not return to my job because it is very physical. My question is actually twofold 1) Will I have to pay back the disability benefits I have received if I do not return to my current job? and 2) Are there any resources available for someone in my position if I am unable to find work once my doctor releases me from his care? I am terrified of not having an income. It will also be very difficult to find a job with a salary comparable to what I am making now.


Asked on 8/27/12, 8:19 am

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

You will not have to pay back disability benefits if you leave your job or are unable to perform it. If your disability lasts longer than the period of payment for STD benefits, you should apply for long term disability (LTD) benefits. These benefits pay you if you are unable to perform your regular occupation. STD benefits vary but usually are paid for 6 months. LTD benefits vary but usually pay for a period of 2 years. After the two year mark, you must show that you cannot perform any occupation to continue to qualify. If you are advised not to perform your regular occupation but you can perform alternative work, then you would also qualify for unemployment compensation. If you are also receiving STD or LTD benefits when you get UC benefits, you may have your disability benefit reduced by the amount of the UC benefit. For this reason, timing can be a ctritical issue that you should consult with an attorney about. Your doctor will need to do more than recommend that you not return for you to qualify for these benefits. He will have to state that you are incapable of performing your job due to health reasons and recommend physical restrictions. Because of your young age and the implication that you will have the residual functional capacity to do something, it is unlikely that you will qualify for social security disability benefits. To qualify for SSD, you have to prove that you can't do anything at all. Consultation with a disability lawyer is highly recommended and can ordinarily be obtained free of charge.

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Answered on 8/27/12, 9:13 am


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