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  1. #1
    Join Date
    Mar 2015
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    8

    Default How to File for Short Term Disability in California

    My question involves insurance law for the state of: California

    I have a medically determined bad knee with severe arthritis and torn ligaments. I have had MRI's and x-rays many times in the past that support this.
    I have continued to live my life and work for a number of years despite the pain and my "bad knee". I have tried to avoid surgery.
    I recently injured it while hiking and re-aggervated it and now I am in so much pain that I can't go to work. I have a physically demanding job and am very hard on my knees. I went to my ortho specialist and he prescribed injection treatments and physical therapy because he knows I am a bit against surgery. I asked him if he could put me out on short term disability and he said his office doesn't do that and I would have to see my primary care physician for that. So, I went and saw my primary with all my records in hand and asked her to put me on temp disability. She is acting reluctant to do so; she said she would get back to me in a day or so.
    What am I suppose to do? If a patient tells a doctor they can't perform their normal, customary job duties and no "light duty" is available aren't they required to take me out of work on short term disability? Is it really up to them to determine how much pain I'm in and whether or not I can perform my normal job duties?

    Thanks for the help

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How to File for Short Term Disability in California

    As I told you in your other thread, that's not how it works. A doctor does not "put you on disability". There's more to the process than that.

    http://www.edd.ca.gov/disability/di_...le_a_claim.htm

  3. #3
    Join Date
    Mar 2015
    Posts
    8

    Default Re: How to File for Short Term Disability in California

    Quote Quoting cbg
    View Post
    As I told you in your other thread, that's not how it works. A doctor does not "put you on disability". There's more to the process than that.

    http://www.edd.ca.gov/disability/di_...le_a_claim.htm
    Thanks for your willingness to help. I understand what you mean and I am clear on the application process. However, to be approved and to begin receiving disability benefits your doctor must believe you can't do your normal work and follow through with filling out their part of the form for you....right?
    I was on EDD disability in early 2013 I had to have my doctor certify that he believed I was medically disabled from doing my normal job; had he not done that I never would have been approved to receive benefits. Am I missing something?
    This is straight from the EDD website and specifically the "eligibility" page:
    "Your physician/practitioner must complete the medical certification of your disability. A nurse practitioner may certify to a disability within his/her scope however, he/she must perform a physical examination and collaborate with a physician or surgeon. A licensed midwife, nurse-midwife, or nurse practitioner may complete the medical certification for disabilities related to normal pregnancy or childbirth. (If you are under the care of a religious practitioner, request a “Practitioner’s Certificate,” DE 2502, from the SDI office. Certification by a religious practitioner is acceptable only if the practitioner has been accredited by Employment Development Department."
    http://www.edd.ca.gov/Disability/DI_Eligibility.htm

    - - - Updated - - -

    This all just seems like if you end up with a "cool doctor" that believes what you tell them and is genuinely looking out for your best interest you don't have anything to worry about and if you end up with a lazy doctor that defaults to thinking you're just another loser trying to scam the system than you're probably in for an uphill battle. They should not have the right or power to roll the dice like that with your livelihood in their hands. What's a guy to do? Keep going to different Dr's until you find that "cool doctor"? Shouldn't your medical proof speak for itself? (MRI's and x-rays...etc)

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How to File for Short Term Disability in California

    If your doctor doesn't believe that you need to be off work, then you have two options; continue to work, or keep looking till you find a doctor that does. There isn't any law that forces a doctor to complete disability applications when he doesn't believe it's necessary, no matter what your MRI or X-ray may show.

  5. #5
    Join Date
    Mar 2015
    Posts
    8

    Default Re: How to File for Short Term Disability in California

    Anybody else have anything they could add?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to File for Short Term Disability in California

    I'll add, "cbg is correct".

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