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:
- Your usual duties with or without reasonable accommodation from your employer.
- 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.
- 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
* 24103. (a) The member shall provide medical documentation substantiating the impairment qualifying the member for the disability retirement under this part.