What is the three pronged test for Disability Eligibility?

 

To meet the definition of disabled as established for CalSTRS in the California Education Code, you must have a medically determined physical or mental impairment that is permanent or expected to last at least 12 continuous months. The impairment must prevent you from performing:

  1. Your usual duties with or without reasonable accommodation from your employer.
  2. Duties of a comparable level to your usual duties, which you are qualified for or can become qualified for in a reasonable period of time with education, training or experience.
  3. Employment at a comparable level at which you can earn at least 66 2/3 percent of your final compensation.  Cal STRS Disability Benefits * Calstrs.com *

This looks to me, and of course please go ahead and check with competent legal counsel to be a 3 prong test.  See the Miller 3 prong Test for Obscenity.  That is to be disabled you must meet all 3 of the above requirements.  That is, if you can make more than you earned before, but voluntarily elect not to, then your not disabled.

Links & Resources

California Education Code   Disability Retirement [24100 – 24119]

 * 24103.    (a) The member shall provide medical documentation substantiating the impairment qualifying the member for the disability retirement under this part.

Duarte v Cal STRS

calstrs.com/disability-benefits

calstrs.com/disability_guide  2019

calstrs.com/your_disability_benefits  from member handbook 2012

calstrs.com/intro-to-calstrs-disability-benefits

 

 

 

Attorney’s that can help you through the Social Security Disability maze

California Social Security Attorney.org/

Daniel Hantman, Esq.

Helene Hoffman Esq

Elkind & Shea (Maryland and a few other East Coast States) 

CA State Bar Attorney Referral Service  

Legal Match.com 

Sellers Law  

Hill & Ponton  

3 comments on “Disability Eligibility Cal STRS

  1. I’m sure I’m disabled and can’t go back to work! How do I show? know if my problems are enough to convince the “board” that I can’t go back to work?

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