I Hate Dialysis Message Board
Dialysis Discussion => Dialysis: Medicare/Insurance => Topic started by: solid98 on August 08, 2016, 09:29:13 PM
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Wasn't sure where to put this so I put it in General.
I'm in my second month of FMLA while I get going on PD. I work (worked) in a machine shop where there is a very real threat of infection with my cath exit site, as well as the cath being a constant risk of being damaged during normal activities. My clinic has also told me I would be on a 20 lb weight restriction, which will not fly with my employer. I also work a 12.5 hour day so that means I would have to leave work twice a day for about 1 hour to do an exchange (There is nowhere in the plant I could do it that is remotely clean.). Again, work will not tolerate that.
My counselor said to show up for work the first day after FMLA is up, show them the catheter and the weight restriction paperwork, and ask to file for the company provided long term disability insurance. I believe they will outright fire me on the spot. Can I still file on their LTD? I have already started the paperwork for SSD, and the LTD is only $150 less than SSD, but I really hate the company and would rather draw money from their insurance. Supposedly, it pays until 67.
Thanks
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If you really hate the company let them fire you and then sue their ass for discrimination. They have to provide you reasonable accommodations for your disability. A clean place for an exchange and light duty. You may need to look into this a bit further.
I retired with a disability from the Government. They provided everything I needed, but it was still too much stress for me. (They were Smart)
First I had to apply for social security disability so they could deny me, based on "I was working". Then I could show my employer that I applied for SS and they denied me. That way my employer could give me disability and then .... I was not working and could apply for ss and they could accept my application. Dog and Cat race.
Good luck. Don't let them push you out. Plan on making about 40% of what you were. So $36K becomes $14,400.
This was my experience.
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Little Brother was a CAD parts designer at Boeing Everett. Sitting too long aggravated a prior back injury. Surgery did not fix it, actually made it worse. Second surgery determined there would be no chance of improvement. Out on LTD. This was almost 20 years ago. He still laughs about it as the company insurance wants him to apply for SSD but there is no law requiring him to do so. SSD pays less then the insurance.
If the Company does fire you you stand to collect substantial from a lawsuit, however that takes time and leaves you without income until SSD gets started.
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I highly recommend against posting online about this if you think there is a chance whatsoever that you might get fired and will appeal it, or that there will be a lawsuit for coverage. Its good to hear others points of view but you don't want to have discussions such as these making it into a court case. Who knows how they can be distorted by competent lawyers.
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If you really hate the company let them fire you and then sue their ass for discrimination. They have to provide you reasonable accommodations for your disability. A clean place for an exchange and light duty. You may need to look into this a bit further.
Not in this state. The laws here are heavily in favor of the employer. This is the state of "All life is precious" until you pass thru a birth canal, then it's "Fawk you! You're on your own!"
Also, no such thing as light duty at this company. If someone is out with an injury, there is nothing compelling them to create a new position to accommodate the restrictions. BTDT. ADA doesn't mean squat in Brownbackistan.
I would actually make more on SSD than LDT, but I understand SSD would make up the difference. I could live just fine on SSD, even after Part B.
Still curious if anyone here is on LTD due to dialysis.
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ADA is federal so I believe at a minim you should have the rights granted by that. That being said I don't know how companies have to respond if they do not have alternative positions to put you in which will work with your disability. i.e. if they made "reasonable accommodations" but still didn't have anything for you.
This document has a lot of examples:
https://www.eeoc.gov/policy/docs/accommodation.html
https://www.kidney.org/atoz/content/working
https://www.kidney.org/atoz/content/employersguide
random blog post:
https://devontexas.com/2012/09/29/dialysis-and-ada/
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My hubby got LTD from his work , there was a waiting period , 2 weeks I think, for those weeks he used sick time, then LTD for the 5 months waiting period before the SSDI kicked in. I signed him up for both at the same time , as he was hospitalized on and off, mostly on, for 4 months . The LTD was a little higher than the SSDI , but they have been sending a check for that amount every month since. It's important to know that you have to not be working at all for 5 months before SSDI starts, and then it's anouther month before you get your first check . It was really nice to have that LTD check come every month to use through the long 6 months before a SSDI check arrives!!
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My hubby got LTD from his work , there was a waiting period , 2 weeks I think, for those weeks he used sick time, then LTD for the 5 months waiting period before the SSDI kicked in. I signed him up for both at the same time , as he was hospitalized on and off, mostly on, for 4 months . The LTD was a little higher than the SSDI , but they have been sending a check for that amount every month since. It's important to know that you have to not be working at all for 5 months before SSDI starts, and then it's anouther month before you get your first check . It was really nice to have that LTD check come every month to use through the long 6 months before a SSDI check arrives!!
The guy who called me from the SS office told me my state has a 30 day fast track process for ESRD, so hopefully I won't have to wait three more months. I guess I'll just have to roll the dice and call the benefits broker and ask them. Thanks.
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I was in the hospital 12 days due to a swollen leg became infected, bug must have gotten in through the 'leaks' from the swelling. Dr's told me I HAD TO stop working and apply for SSD. They had a Caseworker come in and helped me with some paperwork. I returned to work less than half-time, 4 hrs a day three days a week.
I really don't remember how long it took but SSD was approved first time around. Dr's must have spelled it out very well.
I started PD years later. SSD started 08, PD started 2013, so it looks like it was 5 years before my kidneys got bad enough my Neph got me started with Dialysis.
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I do think the " fast track " is just to cut through all the paperwork so you can qualify for Medicare quickly . My hubby was approved for SSDI within a few days , but still had to wait out the 6 months for the first check. That was 14 years ago, but I don't believe the waiting period has changed. Its Federal , so the same in all states. Check it out at SSDI .gov .shows rules , waiting periods, etc .
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I did go on LTD because of ESRD......
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I am and did not have any trouble getting long term. I went to the HR dept and they got everything set up for me. I was approved for SSI right a way and the company that was paying my LTD makes up the difference between SSI so I still get my full amount.
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Me too. Applied the same time as Social Security Disability. Collected 70 % of my pay check for the 6 months it took for SSD to kick in. Was surprised when Social Security approved me, several patients who got to the unit I attend went to the SS office and were rejected so I applied on line to get the rejection over quicker. While the patients who went to the office had to hire a lawyer. I think it's the old macho game don't worry it's not as bad as it looks. However it's been almost 2 years I get my SS check the second Wednesday every month and a check from my LTD twice a month. Since I just turned 65 I get LTD for another year. I worked for two years and could have continued but the hr department screwed up and with held a months pay they owed me, they made a mistake but didn't have a way to return my money, and were threatening to with hold another two weeks. I figured why fight and I went out on disability.