CalPERS Disability Retirement: The Benefits Of Asking For A Reasonable Accommodation

California state employees who file for CalPERS (California Public Employees Retirement System) disability retirement take on an enormous financial and legal burden trying to prove their disability. CalPERS disability retirement lawyers say the a better strategy may be to demand that your employer accommodate your medical condition instead.

CalPERS Disability Retirement: Your Employer’s Responsibilities

According to CalPERS disability retirement lawyers, if you ask your employer for a reasonable accommodation and it says that it cannot provide one, then it must do these three things:

1. file a disability-retirement application and bear the financial and legal burden of proving why it cannot accommodate you
2. find a way to keep you on the payroll or pay you the estimated disability retirement allowance while it awaits a decision from CalPERS
3. keep your insurance up to date while it awaits a decision from CalPERS

Unfortunately, taking a service-retirement basically means that you’ve resigned from your job, something that too many employees do too early and end up losing the opportunity to demand job reinstatement or reinstatement to an active payroll status if CalPERS denies their disability.

CalPERS Disability Retirement: How The System Is Supposed To Work

According to CalPERS disability lawyers, here’s the way the CalPERS disability retirement system is supposed to work:

• CalPERS approval. If CalPERS grants the State employer’s application for disability retirement, then the employee should smoothly transition from an active payroll to that of a retired employee.
• CalPERS denial. If CalPERS denies the State employer’s disability retirement application, then your employer, by its own expense, can attempt to have that denial reversed through an administrative hearing or judicial review. If the CalPERS’s denial is not reversed, the employer must reinstate you to your former position and pay the back pay and benefits differential between the estimated disability retirement advances and the employee’s actual pay and benefits.

Unfortunately, many employees (and some employers as well) simply don’t understand the process. This is where an experienced CalPERS disability retirement lawyer can help.

CalPERS Disability Retirement Lawyers Can Help

CalPERS disability retirement lawsuits are complicated as they encompass many areas of law including workers compensation, FEHA (Fair Employment & Housing Act) and PERS (Public Employees Retirement System). If you need help in these matters, contact an experienced CalPERS disability retirement lawyer as soon as your doctor tells you that you have permanent work restrictions or permanent work limitations. This is especially true if you believe that your employer won’t accommodate your disability.

Case Studies: CalPERS Disability Retirement and Reasonable Accommodation

Case Study 1: John’s Success With Reasonable Accommodation

John, a California state employee, faced the daunting task of proving his disability to qualify for CalPERS disability retirement. However, with the guidance of a CalPERS disability retirement lawyer, he took a different approach.

Instead of filing for retirement, John requested a reasonable accommodation from his employer for his medical condition. Despite initial resistance, his employer eventually provided the accommodation, allowing John to continue working without jeopardizing his retirement benefits.

Case Study 2: Maria’s Missed Opportunity

Maria, another California state employee, opted for early service retirement due to her disability without exploring other options. Unaware of her right to request a reasonable accommodation, she resigned from her job prematurely.

As a result, Maria lost the chance to demand job reinstatement or an active payroll status if her disability claim was denied. This case highlights the importance of understanding the CalPERS disability retirement system and seeking legal advice to make informed decisions.

Case Study 3: Jason’s Legal Guidance

Navigating the complex landscape of CalPERS disability retirement can be challenging without proper legal representation. Jason, facing permanent work restrictions, sought the assistance of a knowledgeable CalPERS disability retirement lawyer.

With their expertise in workers’ compensation, Fair Employment & Housing Act (FEHA), and Public Employees Retirement System (PERS), the lawyer helped Jason understand his rights and options.

Jason’s lawyer guided him through the process, ensuring his disability was properly addressed and advocating for reasonable accommodation from his employer.