Collecting Disability?

On October 6, 2011 I flipped my car and broke my back while driving to work. I have been off work for 11 months now. I work part-time for the school system. My doctor does not know when I will be able to return. I signed my new contract for the 2012-2013 school year, but now my boss is asking that I resign and to date my resignation August 6, 2012 because the new contract would take effect August 7, 2012.


I am not receiving any sick pay or anything from the school, but am worried that back dating the resignation might hurt me when trying to get disability. Any info would help.

By Theresa J

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Bronze Post Medal for All Time! 169 Posts
September 8, 20120 found this helpful

Go to whatever agency in your area which offers legal aid at low or no cost. They should have someone on staff who knows the law concerning your situation.


Gold Post Medal for All Time! 846 Posts
September 9, 20120 found this helpful

Do not sign that resignation letter until you speak to a lawyer! Since disability is involved you really need to talk to two or three local disability specialist lawyers. Most lawyers will give a free consultation appointment just make sure when you set up those appointments that they do not charge the initial consultation fee.


Be sure to also ask how each expect to earn/be paid their fee if you hire them to take on your case. There are a few options they will offer.


Gold Post Medal for All Time! 969 Posts
September 9, 20120 found this helpful

Anytime anyone asks you to do something that benefits them, it won't benefit you. You can go directly to any SS office and lay out what has happened, including the request. You don't have to be "person specific" but you must be honest with them.

Then, do as MartyD suggested and see an attorney. Even non-low income attorneys, esp' those who help people get their SS, will do a 30 minute consultation for free. Have all of your documents and questions ready and with you to save time, and listen to what they say.


We at TF are pretty smart, but we are not lawyers or doctors. I didn't go to school for 12 years so I listen to those who did. I hope against hope that you win the day here. And just to give you a little hope that you will, I will share with you all something that happened to me.

I was once asked to commit stock fraud in AK and when I refused, was fired. Ak law states you have to pay someone 1 hour after you fire them, but they didn't. By the time my regular pay came around, Wage and Hour made them pay me 13.92 times 24 hours per day times 11 day, plus a 5k fine to the state.

You know the old saying when something seems too good to be true it probably is? Well, when someone asks you to do something shady, it's because they are hiding from the light.


I hope this helps. PBP

September 10, 20120 found this helpful

I would go to the local Social Security office and talk to them. You can start the disability papers and they will know the answer. This way they can note on your acct that you are not working due to your injury but you were asked to sign a resignation letter. They are there to help you. Good luck.


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