Question

Do I have to return to work despite my issues if I can still appeal the denial?

Asked on January 4th 2015 by Rebecca Wells
I have been on short term California disability for almost a year. I applied for LTD and submitted all their required documents and my doctors submitted their reports, my employer also submitted all the required paper work. The company denied me due to not enough medical information. I am suppose to return to work in one month or I will lose my job. I have a numb leg and foot due to a herniated disk, as well as weakness in my legs and thighs. I also have periodic pain. My biggest issue is the weakness and numbness which makes my gate unstable. They have an MRI which shows the issues with my back. I was wondering if I have to return to work despite my issues if I can still appeal the denial. If I did win, they would at least owe me from may to Feb. the difference between my STD and what LTD pays.

Answer

Answered on January 5th 2015 by Attorney Stephen Jessup

Rebecca, The questions as to whether or not you can return to work is a determination for you and your doctor. In the event you are not medically able to return to work you would still have the right to appeal the adverse determination. Please feel free to contact our office with a copy of your denial letter to discuss how we may be able to assist you in appealing.