Austin Personal Injury Lawyer Blog

Texas Disability Attorney Discusses TRS Disability Claims

  

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Teachers Face Massive Layoffs

If you are a teacher in Texas, you have a target on your chest.  The State of Texas is facing a budget deficit estimated at 27 billion dollars.  Unfortunately for Texas teachers, Governor Perry has decided that our educational system is “bloated” and can bear a substantial amount of the burden for trimming the deficit.  Proposals are circulating in the Texas legislature which, if passed, would cause public education to be underfunded by approximately 10 billion dollars.   Texas State Teachers Association President Rita Haecker states, “Texas’ classrooms already are under-funded. This bill would cost thousands of school employees their jobs, cram tens of thousands of kids into overcrowded classrooms, close neighborhood schools and sacrifice Texas’ future for political expediency.”

Some of the teachers facing layoffs are suffering from illnesses and injuries that make it extremely difficult for them to perform their jobs.  They have been hanging on in an attempt to continue in the profession they love.  If those individuals lose their jobs in this budget crisis, how are they to find a replacement job in the state economy?  The bottom line is that most will not be able to find another job.  Keeping a job while disabled is much easier than finding a job while disabled.

There may be options.  Teachers with a disability may qualify for benefits with the Teacher Retirement System of Texas (TRS).  In order to qualify, you must show that you have a physical or mental condition that disables you from performing your duties.  You must also show that your condition is likely to be permanent.  The amount of your benefit is based on your seniority and on your pay.  If you have more than ten years of service, you may be able to select an annuity that will pay you a specified amount; the amount is not reduced based on your early retirement age.   With less than ten years of service, the benefits are more limited.  A full description of the benefits are here.

Another option may be to file for disability under a private disability insurance plan.  Nearly all TRS members are given the option to purchase disability insurance through their employer.  The policies generally include coverage for both short term and long term disabilities.  This differs from disability retirement in several ways.  Most importantly, the definition of “disability” in a private policy will be defined by the contract.  The TRS definition of disability may well be different.  Also, applying for benefits under a private plan does not necessarily mean retirement.  Many individuals return to the workplace after using short term disability/long term disability (STD/LTD) benefits.  They develop a condition such as a heart attack, cancer or injury, then receive treatment for the condition and recover.  Once they recover, they can return to the classroom.

If you are a teacher and have been denied disability retirement by TRS or if you have been denied STD/LTD benefits that you purchased, contact Texas disability attorney Greg Reed.  You will receive a free consultation.

In these difficult economic times, knowledge is the key, no matter what Governor Perry thinks.