Law Firm Blog

How Long is the Waiting Period for Disability Benefits?

As there is a waiting period you must go through before receiving your benefits, it is important to contact our New Port Richey social security disability attorney for help in filing your claim.  

Disabilities can occur as a result of accidental injuries or due to illnesses and chronic health conditions. When these impact your ability to work and provide for yourself or your family, social security disability (SSD) benefits act as a safety net. SSD can make up for some of the lost wages you suffer, allowing you to continue to support yourself and meet your financial obligations. As there is a waiting period before you can begin collecting SSD, filing your claim as soon as possible and making sure it is completed properly should be a top priority.

Social Security Disability Waiting Period

Social security disability benefits are intended to offset the lost wages that result from long term disabilities. You may be entitled to receive these benefits through the Social Security Administration (SSA) if you have previously worked at a qualified job and have a valid medical condition that will prevent you from working for a period of at least one year.

You should apply for disability benefits the day you stop working or when your monthly income falls below what the SSA considers Substantial Gainful Activity (SGA), which in 2019 is $1,220 per month). It is important to file your claim correctly and to submit it as early as possible, as there is an automatic five-month waiting period. This provides a way for the SSA to ensure that your condition is not a short term disability and is likely to keep you from working for a year or longer.

Even Compassionate Allowances Require a Waiting Period

While the waiting period helps the SSA screen applicants who may be suffering from short term disabilities, there are certain cases in which the claimant’s condition will obviously result in long term impairment. In cases such as these, you may be approved for the SSA’s compassionate allowance program. This means that you may be eligible to receive benefits effective from your filing date. However, you will still have to go through the five-month waiting period before receiving a payment.

There is simply no way around the SSA’s five month waiting period. Unfortunately, some people are forced to wait even longer before receiving their benefits. Filing your claim improperly, not providing the required documentation, and not responding to communications from the SSA could result in a denial of your application.

Let Our Experienced New Port Richey Disability Attorney Assist You

According to SSA statistics, only about 30% of all initial claims are approved. The rest must go through the appeals process, which can add up to three months or more on to your waiting period. As an experienced New Port Richey disability attorney, Joseph Rooth can help you avoid these types of delays. To get answers to your questions about SSDI benefits or help in filing your claim, call or contact our office online and request a consultation today.

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Can You Get Financial Help While You Wait on Your Disability Benefits Claim?

There are several ways to obtain financial assistance while filing for disability or while waiting for a decision on an appeal due to a denied claim.  

Social security disability payments can provide much needed financial support in the event you are unable to work. However, the claims process can be time consuming and it may be months before you begin receiving your benefits. If your application is denied, you do have the right to appeal the decision, but this will extend your wait time even longer. As an experienced New Port Richey social security disability attorney, Joseph Rooth can help ensure that your claim is filed properly, reducing the likelihood of lengthy delays or a denial. During your wait, the following outlines several options in terms of obtaining financial assistance.

Meeting Your Financial Needs While Waiting for Disability

While you wait for your disability benefits to be approved through the Social Security Administration (SSA), you are permitted to seek financial assistance from other sources. The only issue that would impact your claim is if you went back to work on a full time basis. The SSA does allow you to make a small amount of money each month, provided the work you are engaged in is not considered as substantial gainful activity (SGA). In 2019, this means that the amount of income you earn must not exceed $1,220. This amount is increased to $2,040 for blind applicants.

In cases in which your disability prevents you from earning even these amounts, there are other options which may be able to help you bridge the gap until your disability benefits begin. These include:

  • Seeking help from friends and family members: As a result of your disability, you may need to swallow your pride and accept any financial assistance that may be offered by friends or family members. Most are happy to help during this time of need, whether it is in the form of financial gifts, loans, buying food, or paying certain bills for you. Accepting this help will not impact your rights to disability benefits.
  • Personal loans and debt refinancing: If your credit is good, taking out a personal loan may be an option. Just be cautious that monthly payments on these loans do not exceed the amount of your monthly disability benefits. Refinancing your debts may also provide some much needed breathing room during this time, while freeing up whatever cash you currently possess.
  • Public assistance programs: Financial assistance programs available through the state are there to help otherwise hard working people when the unexpected occurs. There are a variety of different types of benefits available through the Florida Department of Children and Families, which include assistance with food, personal needs, and housing costs.

Consult With an Experienced New Port Richey Disability Attorney

As an experienced New Port Richey disability attorney, Joseph Rooth provides the trusted legal guidance you need when filing your claim. To find out how he can help you, call or contact our office online and request a consultation today.

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Is it common for SSD benefits to get denied?

Is it Common for SSD Benefits to Get Denied?

SSD benefits have a high denial rate, which is why you need an experienced New Port Richey, FL social security disability attorney on your side.

When injuries, illnesses, and chronic conditions leave you unable to work and provide for yourself and your family, social security disability (SSD) benefits can provide the lifeline you need. Unfortunately, obtaining these benefits can prove challenging, as many claims are denied on the first submission. In these situations, you do have options, but it is important to have an experienced social security disability attorney on your side.

Social Security Disability Denials

You have worked hard all your life, contributing to social security disability. Unfortunately, when the time comes that you need these benefits, too many people end up being denied.

According to annual reports from the Social Security Administration (SSA), more than half of all disability claims filed are denied on the first submission. Reasons for these denials are generally technical or medical, of which the following are among the most common:

  • The proper paperwork and documentation was not submitted in the claim.
  • Claimant failed to respond to SSA within appropriate timelines.
  • The disability listed is not one the SSA considers as severe or likely to last for more than 12 months.
  • There is no evidence to support the assertion that the disability prevents the person from working or performing certain tasks on their job.
  • The claimant failed to follow treatment, medication, or follow up procedures as prescribed by their doctor or other medical providers.

Be assured that with so many benefit claims being denied, it is not uncommon for a claimant to appeal a decision or re-submit an application. However, it can be difficult on your own to determine the best course of action and additional mistakes will only result in more delays and denials.

Re-Submitting Your SSD Benefit Claim

If you have been denied disability benefits, you have the right to file an SSA appeal. However, there is a time limit of 60 days after receiving notice of a denial to make this request, otherwise you will need to submit a new claim.

If you receive a denial letter, you should discuss it with an experienced SSD attorney immediately to determine the best course of action. If your denial is based on incomplete documentation, such as a lack of medical records or other information, an appeal may be the best way to address the situation. However, if you were denied on the basis that your disability did not qualify you for benefits and your medical condition has changed since the denial, re-submitting your claim may be the best option in your case.

Our Board Certified Florida SSD Attorney is Here to Help

At the Rooth Law Firm, our New Port Richey social security disability attorney provides the trusted legal guidance and professional representation you need to get the social security benefits to which you are entitled. To request a consultation regarding how we can help in your claim, call or contact attorney Joseph Rooth online today.

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Factors the Social Security Administration Considers when Awarding Disability Benefits

If your disability prevents you from earning a living, you may be anxious to get started on your disability application. However, it is important that you understand how the Social Security Administration considers your application. The factors that it considers include:

Whether you are currently working

If you are currently working and your earnings exceed the substantial gainful activity limit, you will not be considered disabled no matter how impaired you are. In 2018, the substantial gainful activity limit is $1,970 for blind claimants or $1,180 for non-blind claimants.

Severity of your condition

To qualify for Social Security disability benefits, you must have an impairment that has lasted for more than a year or that is considered terminal in nature. Your impairment must interfere with your ability to perform basic work-related duties.

Whether your disability is on the listing of impairments

The next step of the process is to see if the claimant has an enumerated impairment that automatically qualifies the claimant for disability benefits. The Social Security Administration has a Listing of Impairments based upon the major body systems. For each system, the administration maintains a listing of medical conditions that it considers so severe that claimants automatically meet the definition of disabled. Each listing has a specific set of criteria that must be met, in order for the claimant to meet the listing.

Even if the claimant’s condition is not on the list, he or she may be approved for benefits at this stage in the process if his or her condition is of equal severity to another impairment that is on the list. If you do not meet or equal a listing, the Social Security Administration moves to the next phase.

Whether you can perform your previous job

The next step is to determine if you can perform your previous work. If the Social Security Administration determines that you can perform this work, you will not be approved for disability benefits. This determination is usually made by determining the claimant’s residual functional capacity. This is the extent of the physical and mental duties that a claimant can perform given other factors, including his or her age, work history, job skills and physical and mental impairments.

Whether You Can Perform Any Other Work

If you cannot perform your previous work, the Social Security Administration then considers whether you can perform any other work that is available in significant numbers in the national economy. A vocational expert may testify about available jobs and whether you can perform them based on your impairment and other information.

Contact a skilled New Port Richey Social Security disability lawyer for help with your claim

Applying for Social Security disability benefits is a confusing process. Understanding how to qualify for benefits requires experience and knowledge about the eligibility process. New Port Richey Social Security disability attorney Joseph Rooth has extensive experience in representing Social Security disability claimants and establishing that they meet the eligibility criteria. We represent claimants in New Port Richey, throughout Tampa Bay and the central Gulf Coast area. Contact us online or call us at 727-849-3400 to schedule a free, no-obligation consultation.

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Before Applying for Disability Benefits in Florida

What You Should Know before You Apply for Disability Benefits in Florida

New Port Richey Social Security lawyer explains how to make a stronger case

Getting approved for Social Security Disability benefits is notoriously difficult. The majority of applications are denied at first, and many more are denied again on appeal. That’s why it’s so important to work with an experienced New Port Richey Social Security lawyer at The Rooth Law Firm. Our legal experts help strengthen your case to get you the disability benefits you need.

Education is power. Knowing more about the process and what evaluators will look for in your application can help you better understand if applying for disability benefits is right for you and, if so, how you can strengthen your application. Here are a few things you should know before you apply for disability benefits in Florida:

1. You Have to Meet Income Limits

If you are currently working, you can’t make more than $1,070 a month and still qualify for disability benefits. If you aren’t working, income limits are clearly not a problem. There can be exceptions, but this income cap is the general rule.

2. Your Condition Must be Severe

You may have a serious health issue, but if it doesn’t get in the way of your basic work functions, you won’t qualify for disability benefits. To be safe, your condition should be listed as one of the disabling conditions by the Social Security Administration. Again, exceptions are possible, but you need to talk with a lawyer to make your case.

3. You Cannot Perform Your Previous Job

Even if you do not have a condition that is on the disabling conditions list maintained by the SSA, you may still be able to get benefits. The real test of whether a condition is severe enough is whether it prohibits you from doing your previous job. For example, depression may make it hard for you to work, but the SSA may not agree that it prevents you from working. Having an experienced disability lawyer on your side can help you prove that your condition is severe enough to get in the way of work.

4. You Must Not Be able to Perform Other Work

Your condition may prevent you from doing the work you are used to doing, but if you have the ability to work another job, you will likely be denied benefits. Again, it’s important to work with a disability lawyer to prove how your condition is affecting you.

While there are guidelines for granting Social Security disability benefits, so much of the process is subjective. Let New Port Richey Social Security lawyer Joseph M. Rooth at The Rooth Law Firm help you build a strong case to obtain the benefits you have been denied. Call us today at (727) 849-3400 or contact us online. Let us help protect your future and put your mind at ease so you can focus on your health.

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What Impairments Qualify for SSD or SSI?

There are a number of ways to qualify for Social Security Disability or SSI benefits. One way is to meet or equal one of the physical or mental impairments that is included in Social Security Administration’s Blue Book of Impairments. If someone has the impairment listed and meets the criteria included in it, he or she is presumptively disabled. However, a claimant does not have to have one of these impairments to qualify for Social Security Disability or SSI benefits.

Blue Book listings

Impairments that are included in the Blue Book and that may qualify claimants for disability benefits include:

  • Musculoskeletal conditions – Conditions like back injuries, amputations, clubfoot, fibromyalgia, fractures and herniated discs may qualify a claimant for disability.
  • Cardiovascular problems – These include problems like congestive heart failure, artery disease, blood clots, coronary artery disease, hypertension, mitral valve prolapse and hypertension.
  • Respiratory illnesses – Breathing problems like asthma, lung cancer, cystic fibrosis, COPD, emphysema and tuberculosis may qualify a claimant if severe enough.
  • Digestive tract problems – Liver disease, irritable bowel syndrome, colitis, Crohn’s disease, colon cancer, GERD, hepatitis and ulcers fall under this category.
  • Hematological disorders – Disorders of bone marrow failure, hemolytic anemias, chronic liver disease, sickle cell disease and multiple myeloma are included under this heading.
  • Genitourinary impairments – These include such conditions as chronic obstructive uropathy, kidney failure or nephrotic syndrome.
  • Skin disorders – Dermatitis, cellulitis, burns and ichthyosis are examples of some skin disorders.
  • Immune system disorders – HIV, AIDS, lupus, Epstein-Barr virus and Sjorgen’s syndrome may qualify a claimant for disability benefits.
  • Malignant neoplastic diseases – Conditions that fall under this heading include various types of cancer, acute leukemia, brain tumors and mesothelioma.
  • Senses and speech issues – Vision, hearing loss, auditory processing disorder, loss of speech or macular degeneration may qualify claimants for benefits.
  • Neurological disorders – Multiple sclerosis, Parkinson’s disease, cerebral palsy, ALS, epilepsy, neuropathy, polio may impact a claimant to a degree that he or she can be qualified for benefits.
  • Mental disorders – Schizophrenia, anxiety disorder, eating disorders, bipolar disorder, retardation, autism, depression, anxiety and post-traumatic stress disorder may be covered.

It is important to remember that a claimant must be able to show more than that he or she has the same diagnosis as a condition listed in the Blue Book. He or she must meet the criteria under the impairment, such as meeting a certain level of severity or being under certain treatment.

Other conditions

There are many other medical conditions that the Social Security Administration recognizes that may qualify a claimant for disability benefits. If a claimant has a medically recognizable impairment that prevents him or her from working a full-time job, the claimant can be approved for benefits on this basis.

Contact leading New Port Richey Social Security disability lawyer today for a free consultation

Attorney Joseph Rooth has assisted people just like you for more than 20 years, passionately helping you get the benefits you need and deserve. For help obtaining your Social Security disability benefits in Florida, call 727-849-3400 or contact us online. Attorney Joseph Rooth provides representation to clients in New Port Richey, Clearwater, Seminole, Tampa and the surrounding areas.

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The Growing Number of Social Security Disability Claims in the United States

The Growing Number of Social Security Disability Claims in the United States

 

It is more than sixty years since Social Security Disability Insurance (SSDI) was introduced, following an extensive discussion in Congress and executive agencies. The program has seen tremendous growth over the years – jumping to 5.2 percent of working-age Americans participating in 2015 — which has forced Congress to periodically rescue the program from collapse. The most recent measure was in 2015 when the Bipartisan Budget Act transferred funds from Social Security’s old-age survivor’s fund to extend the solvency of the disability fund through 2023.

Social Security Disability Insurance (SSD or SSDI)

Social Security Disability Insurance was first considered in 1936, when planners in the Social Security Administration discussed developing a program that could withstand the circumstances of the Great Depression. When disability was first defined, the definitions were strict. Lawmakers deliberately wanted to differentiate between disability and unemployment. The Social Security Disability program, which is funded by the Disability Trust Fund, is derived from payroll taxes. The program provides monetary benefits to disabled individuals who have made adequate contributions through FICA taxes. Benefits are based on the earnings record of the individual and benefits are not paid for the first five months after becoming disabled.

Recent growth in the program is attributed to an aging workforce and the addition of women in the workforce since the program’s inception. Economists also cite another reason for growth: workers who previously would have endured the physical pain of a job who are now applying for disability benefits when that job is no longer available.

Do I qualify for Social Security Disability?

The Social Security Administration uses an established evaluation process in determining whether an individual is eligible to receive disability benefits. Those under consideration must have a medical condition that meets their definition of disability. Generally, an individual is considered disabled if they are unable to perform the duties of the job they had prior to the illness or disability and they are unable to adjust to other work because of the medical condition. In making this determination, Social Security considers several factors, including age, work experience, education, and whether, given the national economy, the potential job exists in significant numbers. These decisions are guided by a table of established rules that evaluate how these factors affect an individual’s remaining capacity for work. An individual’s disability must be expected to last a minimum of one year or to result in death.

Contact an experienced Social Security Disability lawyer today

Applying for Social Security Disability Insurance is complicated and the process of presenting your case for receiving benefits is complex and time consuming. It is important to have experienced legal representation for the best possible outcome for your case. New Port Richey Social Security Disability attorney Joseph M. Rooth has been helping injured and disabled workers procure disability benefits for more than 20 years. Serving clients throughout the Tampa Bay area, with convenient offices in New Port Richey, Spring Hill, Seminole and Clearwater, attorney Rooth has extensive knowledge of the Social Security Disability program and is personally committed to each case. Contact the Rooth Law Firm today to schedule a free confidential consultation at 727-849-3400 or online.

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Long Wait Times for Social Security Disability Benefits in Florida Are Putting the Most Needy at Risk

Social Security Disability (SSD) benefits are taking longer than ever to receive. Almost every applicant is forced to go through the appeals process after their initial applications are rejected. The wait list to get SSD appeals heard in Tampa is often longer than two years. All the while, applicants are forced to fend for themselves—leaving many of them homeless and unable to afford the medicine they desperately need.

The appeals are heard before a judge that considers evidence from the government demonstrating inability to maintain and support one’s self with a full-time job. Persuading the judge that you are unfit to maintain any type of full-time employment can be surprisingly difficult. The percentage of applicants that are able to win their appeals without an experienced Tampa SSD appeals attorney is close to zero.

Having an attorney prepare your case for the first appeal is often the difference between getting the benefits you deserve and having to find a way to survive until you are able to get another appeal. It takes months for an experienced Tampa SSD benefits attorney to prepare a case and gather the necessary medical records. The burden of proof is on the SSD claimant to prove that they have a medical situation that prevents them from being able to support their self through any type of full-time employment.

There are no answers in sight to ending the long wait times for SSD benefits claimants in Florida. Claimants need to do everything they can to ensure that they receive the benefits they deserve during the first opportunity for an appeal. Experts strongly recommend that anyone pursuing benefits retain an experienced SSD appeals attorney to help them prepare their case.

At the Rooth Law Firm in New Port Richey, clients receive the personalized attention you expect from a small law firm with the SSD expertise expected from a large law firm. We offer free initial consultations and a flexible schedule for your convenience. Call us at 727-849-3400 or contact us online to schedule an appointment. We help clients in Clearwater, New Port Richey, Seminole, Tampa and throughout the Tampa Bay area.

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What Is The Amount Of A Monthly Disability Benefit Payment That I Can Expect to Receive in Florida?

Will I bring in enough money to make ends meet?

After an injury or illness causes partial or permanent disability, you need to know exactly how much money you will be able to receive from a monthly Social Security disability payment while you are residing in the State of Florida. After an accident or injury, there are mounting medical bills to pay as well as  and day-to-day expenses. It can be a time of high anxiety if  you are no longer able to work. If you have been disabled, it is important to understand how disability payments work, and how much you will expect to receive each month.

There are two types of disability payments. Social Security Disability Insurance payments (also known as SSDI), and Supplemental Security Income (known as SSI).  These acronyms may be familiar, but each program differs from the other slightly.

SSDI benefits are paid to those who have worked and have accumulated a specific number of work credits. Monthly payments will be based upon your earnings before your disability.  SSI payments are based solely upon financial need.  To qualify you must have $2,000 in assets ($3,000 if you are married), and have a very limited income.

SSDI payments are formulated based on the amount of work credits that you earned up until your injury. These payments will vary based upon the amount of time you worked and your rate of pay. They generally run between $300 per month up to $2,200 per month.

SSI payments are not based on income. These benefits are based upon need only. These payments are a set amount that change each year depending upon factors such as national cost-of-living estimates and the loss or acquisition of any assets. These payments can be between $700 per month up to $1,000 per month.

If you have been the victim of an injury, motor vehicle accident, or sudden illness, contact an experienced New Port Richey Social Security Disability attorney to better understand your SSI or SSDI benefits.

New Port Richey Social Security attorney Joseph Rooth, has extensive knowledge and experience regarding Florida SSI and SSDI processes and claims. Attorney Rooth is a member of the National Organization of Social Security Claimant’s Representatives and knows how to get you the benefits you need. Contact us at 727-849-3400 or simply fill out a contact form. Offices in New Port Richey, Spring Hill, Seminole and Clearwater.

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Tampa Workers Compensation Attorney Answers Your Most Common Questions

Clarifying workers compensation law

Workers’ compensation benefits provide medical treatment, partially replace lost wages and help you get back to work. Many claims, however, are denied or  full benefits  are not received by the injured employee. Employers and insurance companies often claim injuries occurred outside the scope of employment or dismiss injuries as not as serious as claimed. As a Tampa workers’ compensation attorney, I have helped hundreds of injured and disabled workers obtain the benefits they deserve for more than two decades. Workers’ compensation is complicated and difficult to navigate without a knowledgeable legal advocate on your side. If you have been injured in the workplace, you need a Tampa workers’ compensation attorney on your side to ensure you are treated fairly and receive the benefits you deserve.

There are many questions surrounding workers’ compensation. Here is a list of some of the most commonly asked questions and answers. Please call our office for additional information.

  • What is workers’ compensation?
  • What injuries qualify for workers’ compensation benefits?
  • What is the time limit for filing a claim?
  • What benefits are available through workers’ compensation?
  • What percentage of my wages will be covered?
  • Am I allowed to take legal action against my employer for the injury?
  • What if the injury was my fault? Am I still covered?
  • Is my job in jeopardy if I file a claim?

If you have been injured on the job, contact a Tampa workers’ compensation lawyer today for a free consultation

A job-related injury or illness can change your life forever, making workers’ compensation benefits more important than ever. If you have questions about workers’ compensation, need to file a claim or have been denied, contact me Tampa workers comp attorney Joseph Rooth at 727-849-3400 or online. Offices in New Port Richey, Spring Hill, Seminole and Clearwater for your convenience.

What is Workers’ Compensation?

Workers’ compensation is a federally-administered program designed to provide compensation to employees who become ill or injured while on the job. Though administered by the federal government, each state (including Florida) has its own set of workers’ compensation laws and policies.

What injuries qualify for Workers’ Compensation benefits?

Any accident, injury or illness that arises in the course of employment should qualify for workers’ compensation benefits. This may include physical injuries, occupational diseases and even mental injuries. Some injuries occur suddenly, while others may occur over time due to repetitive activities. Employees who suffer both one-time and progressive injuries, short-term or long-term, are eligible to receive workers’  comp. There are a few exceptions to this rule,  which include:

  • Injuries the employee suffers while committing a serious crime.
  • Self-inflicted or intentional injuries.
  • Injuries incurred while the employee is in violation of official company policy.

What is the time limit for filing a claim?

In Florida, you have 30 days from the date you are injured, or realize you have been  injured, to report your injury. However, it is strongly recommended that you report the injury as soon as possible.  Once your injury is reported, you have up to two years from the date of the injury to file a formal workers’ comp claim.

What benefits are available through workers’ compensation?

All medical expenses related to the illness or injuries may be paid by workers’ compensation insurance. Short-term/long-term disability and payments for missed work, rehabilitation, and in some cases retraining for a new position may also be covered.

What percentage of my wages will be covered?

You are entitled to compensation up to 2/3 of your lost gross wages for time missed from work due to a job-related injury or illness.

Am I allowed to take legal action against my employer for the injury?

Under workers’ compensation laws, you are not permitted to bring a personal injury lawsuit against your employer for damages resulting from the injury or illness you received while on the job. You can, however, bring legal action against a third party (such as a vendor) if it can be proven that they bear some responsibility for the incident.

What if the injury was my fault? Am I still covered?

The tradeoff for not being able to sue your employer is that workers’ compensation benefits are payable for your injuries regardless of fault, as  long as they do not fall into one of the aforementioned exception categories, such as injuring yourself intentionally or violating company policy.

Is my job in jeopardy if I file a claim?

Yes and no. Under workers’ compensation laws, employers cannot retaliate against employees who report and injury and file a claim. Unfortunately, however, the employer has no legal obligation to keep your current position open while you are out of work.

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