Disability questions

It would seem to me that this all depends on what sort of disability she is looking at. It is possible that she is disabled as far as her current job description goes, but for Social Security permanent disability status, you need to be totally disabled from any gainful employment. So, sometimes that means vocational rehabilitation to a career path that suits your disability.

It is up to her employer to decide whether or not they can accommodate her disability. I don't think you can stay on long term state disability forever. Is there something wrong with a modified work environment? I would think that seeing if her employer could accommodate that would show how motivated she is to return to work. If it doesn't work out, then she can return to complete disability.

Maybe it is worthwhile to see another doctor and find out if it is just that particular doctor's perception that maybe she is malingering, or maybe just too high expectations on the part of your friend to expect to fully recover before returning to any work. Sometimes people think if they wait long enough they will be able to get back into their old work environment. But, you can wait so long that the employer fills the position with someone else and it is not there for you to return to. On the other hand, if she is still in too much pain to be able to focus on work, she has to deal with that, and that is where perhaps a referral for a fresh set of "eyes" on the situation might be useful.

As an aside, I find that when I am busy and distracted, my symptoms are minimized.

Jan

When I filed with the LTD company, I had paid for through a professional group, the process involved my primary care doctor filling out part of the application. She did it during one of my appointments and she included everything that was wrong with me, not just my UC and j-pouch.

I signed medical releases and they sent them to every doctor I had. Later on they also sent one to my therapist (mental). They ask for medical records and he has to release her medical records if he likes it or not. His office may charge the insurance a fee for the processing but he has to send them out.

She needs to obviously find a new doctor without a God complex. Not only is he covering his a$$ but he his one. I'd like to give him bad butt burn and all of her other problems.

So I suggest that if he is not her primary care doctor that she make an appointment to see her primary care doctor and go over all of this with her/him. Vice versa, if it's her primary care doctor that is being the a$$ then maybe her GI or C/R surgeon would be the best for filling out the application.

I was interviewed on the telephone by the claims manager and she asked me questions like had I been going to movies, restaurants, shopping or even church. I was honest with all of my questions and was approved. Not only did they start paying me they went all the way back to the last day I worked and started the 13 week waiting period then. I was therefore compensated for part of the time I was in my final flare from hell.

It is different since the insurance is through her company but my BFF just went through all of the process with her employers company. She also had the support of her company. It is hard to do your job well when you have all of this pain and sleep deprivation.

Please have her or you PM me if I can help.

thanks Jan and TEMarie. I don't understand why the doctor would tell her that for her own good she should NOT go on long term disability. He said that it could ruin her chances of getting another job in the future and put that "stigma" on her, and that this could come back to "bite her later".

1.) Do you agree with that statement?

He said they have many j-pouch patients with all kinds of complaints that still manage to work at least part time. He said since she is young, she should not even consider "disability" at her age, as it could lead to depression and it's better to get out of the house and keep her mind on other things. The doctor was very opinionated on the matter and refuses to write any more documentation to support her claim extension. Unfortunately, this doctor released her from leave in writing!

In some light, I suppose I can see what the doctor is trying to say. That she should move on and try to work even part time and work with HER EMPLOYERS to accommodate her situation, and NOT WITH THE DISABILITY insurance co. But then, she would not be getting full pay?

2.) In California they said you can work part time AND be on disability. What is the benefit of that? Is that getting full pay but only working part time? Even that requires dr. support.

The doc said none of these symptoms: Butt burn, frequency, etc. etc. NONE of those classify as "DISABLED". Now it is getting into technicalities. The doctor literally said "I don't want to go to jail." She is not asking to falsify documents! But I guess doctors don't have time to deal with this administrative stuff?

3.) Isn't it wrong for a doctor to refuse to help a patient, even though the patient is outright telling them they do not feel well enough to work?

4.) I guess the next step would be to discuss this with her employer and HOPE they accommodate her (they have to, right? Isn't it the law??)

First off, is this state disability or private disability? Makes a difference, I'm sure. I don't know about how disability coordinates with part time work. I am not even sure that the employer is required to accommodate a disability unless it is a Workers Comp claim. But, I could be wrong on that and I am sure that good employers would try to accommodate and I imagine it depends on the type of employment she is in. Often, folks are at-will employees.

I also would suspect that prior long term disability could stigmatize a person, but prospective employers are not allowed to ask those sorts of questions. Still, they can say, "Gee what were you doing during this empty space in your resume?"

And, yes, the doctor is signing basically an affidavit swearing that his assessment is truthful (they are really clamping down on insurance fraud and I guess there has been a whole industry of doctors and lawyers in on it). So, they hold doctors accountable if it is felt that the assessment is overreaching. The forms even have places for the doctor to check if they feel that there are emotional components or malingering that make assessment difficult.

So, it could possibly prove better for your friend to try to work and fail due to her symptoms, than to assume she cannot even try. But, only she can decide if that is a hurdle she can make. Obviously, if she is in agony or unable to leave the house, then I don't see how she could do it either. Perhaps there is a middle ground that her doctor is trying to get her to see, so that she does not burn her bridges. Or, he could just be a jerk.

Jan

This is a CA disability claim and there is a member on here that received it for 8 months before returning to work. It's long term not permanently disabled. I hope she posts, if she doesn't I will contact her personally for you. Just ask. I don't remember what her screen name is on here so can't tell you what it is.

She had lapro surgery too, which makes recovery quicker.

hi thanks for your responses. it is state disability i believe. Short term disability has run out (4 months?) so now it is becoming long term disability that she needs to apply for. The doctors have to support it though. I saw the application. It asks for ALL doctors names and contact info. So if they contact this doctor of hers (the CR surgeon), that particular doctor won't support her, and that could cause it to be denied, right?.

The disability office said she needs to also complete Social Security disability along with long term disability. she just wants a few more months to recover then is okay going back to work part time. I think that is fair, right? She does not want permanent disability.

If you could help or PM me the name or let me know who can help talk to her, I would appreciate it. Thanks!

p.s. I don't get it... I know people that have had much more minor health issues and not such a major surgery, and they get more time on paid leave! She has gone the last 2 months without pay! She practically begged her doctor, but they said no, they aren't going to "un-release" her now. This is a prominent CR surgeon too! He said none of his patients are on long-term disability. Sounds cocky to me

I sent her an email and asked her to help here. I hope your fellow Californian sees my email tomorrow as she is leaving the state Friday.

She maybe released as her surgery is complete and the wounds healed up but that doesn't mean that she is able to do her job yet because of the factors you mentioned. If it were me I'd have someone, like you, call the state agency to ask about this for her. She may be stressed and they should be able to answer questions without knowing the specific person. I'm sure they've had questions about a stubborn doctor before.

SSDI applications are started on-line and they give you plenty of time to fill out the remaining paperwork. I just went through this process. They don't pay until after 6 months anyway.

I kept trying to get back to work so didn't file for SSDI right away. I know how she feels plus I have other health problems. It is a grueling process to file for, especially as she is feeling so bad.

Not sure what the surgeon's point is when he says none of his patients are on long term disability. Does he think of it as a badge of honor or that other surgeons are less adequate because some of their patients are? There's a first time for everything. My surgeon told me I was his first patient with complications after j-pouch surgery. Guess I broke his record...

Perhaps if her surgeon is releasing her, then it is time for her to begin seeing a GI, since her problems are not surgical.

Jan