Legal Question in Employment Law in Florida

Disability Retirement Benefits

The job I had did have long-term disability policy. I worked long enough to be eligible for retirement disability benefits. I provided written statements from my doctor stating I was permanently unable to work due to anxiety and depression. I used all of my sick leave. I was then terminated because they said I was physically unable to work. Human Services informed me that they prepared a disability retirement packet--which included instructions regarding completion and submission, a Federal Disability Retirement Estimate Statement, and forms to be completed. After several months, having made many calls and sending letters, I only received the Federal Retirement Benefits Disability Estimate--reporting my computed earnings, sick leave, insurance, FERS, etc. HR apologized months later and kept promising to send a complete package. They never did. I did not get to apply for retirement. Then they totally ignored me, refused my calls and did not respond to my letters. What recourse do I have, if any and within how much time?

Asked on 8/29/08, 8:31 am

1 Answer from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

Re: Disability Retirement Benefits

Go ahead and apply for disability now. Do it yourself. It is your responsibility, not the HR department. If you were disabled, they will make back payments.

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Answered on 8/29/08, 8:51 am

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