Philadelphia Employment Lawyer Explains Disability Claims

WEST CHESTER, PA DISABILITY LAWYER

In Pennsylvania, we do not have a law that protects you from termination if you or a loved one becomes disabled. However, if you have worked full-time for an employer for more than a year, and the company has more than 50 employees, you may be eligible for Family and Medical Leave under Federal Law.

By the way, this federal law applies not just to Pennsylvanians, but to all employees working in America.  Thus, while this Blog is directed at Pennsylvanians, it in fact is applicable to persons employed in America, with one caveat:  Some states may have leave rights that are more generous than those provided under FMLA (PA does not).  However, a state is not permitted to offer less protection than is provided for under FMLA.

NORRISTOWN, PA FAMILY LEAVE ATTORNEY

Under the Family and Medical Leave Act, you are entitled to 12 weeks of leave per year to care for yourself or a loved one who has a serious health condition. In general, a serious health condition is one that requires a visit to a doctor, or an absence from work of more than three days. In Pennsylvania, if you take FMLA Leave and return to work within 12 weeks, you are entitled to full reinstatement to your former job, or at least to a comparable position.

MEDIA, PA SHORT TERM DISABILITY LAWYER

While FMLA protects your right to a job, it is unpaid leave. If you have a condition that requires you to be out of work for more than 1 week, you should apply for Short-Term Disability payments if the company has insurance for such. In Pennsylvania, you can get Short Term Disability payments while out on FMLA Leave.

PHILADELPHIA LONG TERM DISABILITY ATTORNEY

Generally, Short Term Disability pays you for 6 weeks of lost wages. If you are still unable to work after a period of 6 weeks, you can file a Long Term Disability claim. In Pennsylvania, you can get Long Term Disability payments while out on FMLA Leave.

PENNSYLVANIA WORKERS COMPENSATION ATTORNEY

If your absence is the result of a Workers Compensation injury, the rules are a little different. In Pennsylvania, you are still entitled to FMLA Leave even if it results from an on the job injury, but you cannot get Short or Long Term Disability payments. Instead, your wage loss is covered by the Workers Compensation insurance policy your employer has.

PHILADELPHIA AMERICANS WITH DISABILITIES ACT ATTORNEY

Under the ADA, if you have a disability that precludes your ability to do your job, you should seek a reasonable accommodation. Remember, seeking Long Term Disability benefits in Pennsylvania may affect your ability to argue that you could complete your job if given a reasonable accommodation.

PHILADELPHIA RETALIATION ATTORNEY

If you need to miss work due to a doctor's appointment for yourself or a loved one, or because you or they are ill for 3 or more days, you may be entitled to FMLA Leave. If you request or take such leave and you are thereafter disciplined, demoted, suspended, terminated, etc., than you would have an excellent claim for unlawful FMLA retaliation. Take the time you need to care for yourself or your loved ones. Keep the company closely apprised as to what is going on. If they retaliate against you, call our office, or that of another qualified employment lawyer.

Want more information? Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no charge to you.


Also, you may visit our Website to learn more about employment law principles.  We cover about all of them!

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How Do I Answer a Claimant Questionnaire for Unemployment In Pennsylvania

Call 610-647-5027, e-mail me directly or send an inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward.

To learn more about us, vist our Website.

Unemployment Appeal Lawyer for Hearing in Norristown

If you are applying for unemployment benefits in Chester County, Montgomery County, Delaware County or Philadelphia, you may have to complete a Claimant Questionnaire. Usually, these are sent out to you by the Unemployment Service Center when you have been terminated or have quit, and the employer is fighting your unemployment claim. To learn more about this process (and to see our answers to the most common questions concerning Pennsylvania Unemployment, Click Here.

With regard to the Claimant Questionnaire, here are some important things to know.

Unemployment Appeal Lawyer for Hearing in Malvern

One, you do not have to answer each question! The form suggests that you do, but you do not have to.

Unemployment Appeal Lawyer for Hearing in Springfield

For example, Question 4 asks if you quit your job or took a leave of absence. The way it is written, it seems to some that you must pick one of these. You do not! Answer this question only if you were not fired.

Experienced Unemployment Appeal Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

It gets tricky if you were forced to quit. If you were forced to quit in lieu of being fired, then answer Question 4, and then explain your answer in response to Question 5. Just explain that the company gave you a choice to quit or be fired, so you quit. Then check "yes" for question 6.

Can I Appeal a Denial of My Unemployment Benefits?

Whether you are initially granted or denied unemployment benefits, the decision can be appealed by you or the employer. Then an Unemployment Appeal Hearing is held in Springfield, Malvern, Norristown, Bristol, Reading, Lancaster or Philadelphia. This Hearing is where you get to tell your full story!

Pennsylvania Lawyer Who Takes Unemployment Hearings on a Contingent Fee Basis

We routinely handle unemployment appeal hearings for people who live in Paoli, Malvern, Downingtown, West Chester, Blue Bell, King of Prussia, Plymouth Meeting, Lansdale, Doylestown, Chalfont, Broomall, Media, Lower Providence, and all of the surrounding areas in Southeastern PA on a contingent fee basis.

The key is to make sure that you tell the truth to unemployment, and only answer questions that apply to you.

For example, only answer Question 6 if you quit your job. Answer 7 no matter what. If you cannot work due to a physical restriction, then you cannot get unemployment benefits. But, if you have only minor limitations, spell that out! You do not want to lose your claim because unemployment mistakenly believes that you are disabled from all jobs.

Philadelphia Area Disability Lawyer

For example, even if you cannot perform your old job in the factory operating a crane because of a bad arm, that does not mean that you cannot do a different job in a whole new vocational area, such as working at a desk. Question 7 is tricky, because most people assume it is asking whether you have work restrictions that affected your ability to do your old job. That is not the case. The question is intended to determine whether you have work restrictions that would prevent you from doing any job, or at least a broad range of jobs.

Only answer Question 8 if you quit your job! It is not applicable ("N/A") if you were fired. If you were terminated, do not answer Question 8.

Question 9 applies if you answered yes to 7. If you have a partial disability, then answer yes to number 9. If you answer no to number 9, you will not get unemployment - if that happens, you may want to talk to a Social Security Disability Attorney. Or, if your condition is temporary, and you will be able to work in a few weeks or so, then explain that here.

And reapply for benefits every two weeks until you can finally answer yes to this question!

Otherwise, Question 9 applies to whether you are unavailable because of personal reasons, such as you are incarcerated, you are caring for an ill loved one, you are temporarily out of state, etc. Just explain honestly, and reapply every two weeks until you once again become able for work.

Question 10 is a lot like Question 9. It really applies to non-medical situations, such as incarceration, being away from the area, caring for a loved one, etc.

Unemployment Appeal Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Provides Guidance for Pennsylvania Unemployment Claims

Be careful with the catch all offer to explain your situation that follows Question 10. The more you say, the more it can be used against you in an unemployment hearing. Remember, it is at the unemployment hearing that disputed claims are won or lost, no matter what happens initially!

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