State & Private Disability Attorney
Florida Disability Retirement
To qualify for disability retirement benefits provided by the Florida Retirement System (FRS), a member must be totally and permanently disabled from performing useful and efficient service as an officer or an employee upon termination from FRS-covered employment, as required by Section 121.091(4), Florida Statutes. Approval for Social Security disability or Worker’s Compensation does not automatically qualify you for an FRS disability retirement benefit, but it may help. The unavailability of an employment position that you are physically and mentally capable of performing will not be considered as proof of total and permanent disability. Learn More here.
Disabled Florida State Employees
The Florida Retirement System (FRS) provides two types of disability retirement benefits: “in-line-of-duty” and “regular.” “In the line of duty” refers to being disabled by a condition or illness that was related to your work as a state employee. “Regular” refers to all other cases. Learn more here.
Private Long Term Disability Cases
Beware if your long term disability case manager believes legal assistance is necessary. Even though your long term disability carrier may provide it, and may claim to pay for it, in general, we recommend retaining an attorney, especially if your case will be heard by an Administrative Law Judge. You should not hire anyone but an attorney who is a member of the Federal Bar and is certified by a United States Court of Appeals and the United States Supreme Court so that attorney can represent your interests all the way. Qualified attorneys are very reluctant to take on cases other attorneys or representatives have handled because of the Federal fee cap and having a share or split limited fees with unsuccessful or unqualified representatives or attorneys. Learn more here.
COBRA and ERISA Coverage
COBRA, the Consolidated Omibus Budget Reconciliation Act, is part of ERISA, the Employee Retirement Security Act, as amended. This act generally applies to companies with 20 or more employees in a prior year and provides for the continuation of group health coverage in situations where such coverage would be terminated. Learn more here.
Florida Workers’ Compensation Disability
The purpose of Workers’ Compensation is to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful employment at a reasonable cost to the employer. It is supposed to be a self-executing system, but it is often not. It is also a system in which the laws are supposed to be construed not liberally in favor of either employee or employer, but it is often not. Note: nowhere does the law emphasize that it is there to actually help the worker have a better life. Learn more here.