Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2009
    Posts
    8

    Default Better to Take Disability or Retire

    My question involves labor and employment law for the state of: California

    I have had back problems for the past 20+ years but have continued to work. I had a multi-level lower laminectomy for spinal stenosis about 6 years ago but still have spinal disease and nerve damage/pain. It is becomming almost unbearable because of lower back and leg pain to sit at work and I am wondering if it is better to pursue long term disability or take an early retirement. I have worked at my company for over 30 years but am still 8+ years from my full company retirement. Appreciate any guidance on what the pitfalls might be if I was to pursue disability. I should note that my company has a self funded state short term disability and a long term disability program, both through Hartfords.

  2. #2
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Better to Take Disability or Retire

    Well, we don't have the financial details of the plans that you have. But, assuming that your short and long term disability plans are the kind that coordinate with the Cal program and with social security, to me it would be a no-brainer to take the disability if that is an option. Maybe there are aspects of your company's retirement plan that give you an advantage taking early retirement, but I can't imagine what they would be.

  3. #3
    Join Date
    Sep 2009
    Posts
    8

    Default Re: Better to Take Disability or Retire

    Both the short term and long term disability are 66% of my salary. My one big concern is, if I go out on disability it is first the short term for six months and then it converts to the long term. I am just unfamiliar with how disability works and if something goes wrong and I am not covered with disability I would have to then take retirement. The way my retirement plan works if you take it early (before 62) you are to take it immediately from leaving work otherwise it is considered a deferred pension. Under the deferred pension, if you take it before 65 there are penalty reductions, and if I had to take it after a 6 month short term disability, would that be a deferred pension? Maybe I should find a laywer that specializes in this. What type of attorney would one go to see on this?

    Thank you so much for your quick reply.

    1. Sponsored Links
       

Similar Threads

  1. Harassment: Short-Term Disability Denial, FMLA and Age or Disability Discrimination
    By pigsinablanket in forum Employment and Labor
    Replies: 4
    Last Post: 03-05-2011, 02:26 PM
  2. Unemployment Benefits: UI And Disability
    By chelle08 in forum Employment and Labor
    Replies: 4
    Last Post: 05-02-2008, 04:29 PM
  3. Can One Retire While On Workers Comp
    By pinkmoon in forum Worker's Compensation
    Replies: 1
    Last Post: 01-28-2008, 09:46 PM
  4. Disability Benefits: Disability and Self-Employment
    By theartistchick in forum Social Security Law
    Replies: 7
    Last Post: 04-14-2007, 01:58 AM
  5. H Visas: H-1B and Disability
    By italiana1 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 05-29-2006, 04:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources