Resignation prior to filing claim

[Carlucci]

Kentucky

Two years ago I was in an automobile accident that shattered my leg at the knee (surgery, metal braces inserted etc). I was initially off work for 10 months. I have been a server my entire life but no question that's off the table now.

I tried returning to work with another company in a position that required less walking but still requires me to be on my feed constantly. My Dr has said (on record) that I shouldn't be on my feed more than 2 hours per day and lift no more than 10lbs. The pain is getting worse and worse, in short it's just become impossible for me to keep working so I need to apply for SSDI.

My immediate manager knows I am in constant and often severe pain but I have not discussed this officially with HR.

I should also mention I am 55.

My questions-

- Does it effect my SSDI claim if I just resign? Or should I give my employer the reason?

- I am also wondering if I need (or should) give my employer the chance to find a job that accommodates my disability? I'm quite certain this would just be a formality as I work for a small food services company that really has no sedentary positions that I would be qualified for.

I feel my claim is well supported by the facts (doctor, vocational therapist et al) but I just want to be sure I do everything right.

 

[cbg]

You know, if you would answer the questions I asked when you posted this (twice) on the other forum, I'd be happy to answer.

 

[BL]

Kentucky

Two years ago I was in an automobile accident that shattered my leg at the knee (surgery, metal braces inserted etc). I was initially off work for 10 months. I have been a server my entire life but no question that's off the table now.

I tried returning to work with another company in a position that required less walking but still requires me to be on my feed constantly. My Dr has said (on record) that I shouldn't be on my feed more than 2 hours per day and lift no more than 10lbs. The pain is getting worse and worse, in short it's just become impossible for me to keep working so I need to apply for SSDI.

My immediate manager knows I am in constant and often severe pain but I have not discussed this officially with HR.

I should also mention I am 55.

My questions-

- Does it effect my SSDI claim if I just resign? Or should I give my employer the reason?

- I am also wondering if I need (or should) give my employer the chance to find a job that accommodates my disability? I'm quite certain this would just be a formality as I work for a small food services company that really has no sedentary positions that I would be qualified for.

I feel my claim is well supported by the facts (doctor, vocational therapist et al) but I just want to be sure I do everything right.

If you can not lift more that 10 with the other combinations , you can file.

SSA will most likely send you to a Dr. of their choosing to evaluate you .

As long as you are still employed working as you are ,do not expect a favorable decision.

Additionally , if you chose to resign, quit, whatever and apply ,it's long process and if initially denied , you'll have to appeal.

Better to speak to an SSI disability Lawyer to see if they'd take on your case.