Going on long term disability: I have... - My MSAA Community

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Going on long term disability

Bygonelines profile image
38 Replies

I have finally made the decision to leave my job because of my MS. I am unable to keep up with the demands of the job even with accomodations. My question is this, I plan to work till Dec. 28th and then go on long term disability, would you tell the employer now, or 2 weeks out, or not till I am out? My employer has been hasseling me and putting all kinds of pressure and causing me all kinds of stress about my inability to do the quantity of work they require. The brain just doesn't work that fast anymore. I have to really concentrate and think about what I am doing or I make a ton of mistakes.

They have done this for 5 years now. I have requested additional accommodations and was told the accommodations that would help me to continue working would not be reasonable and I have been written up for not meeting expectations.

I have the backing of my neuro. She thought I should leave the workforce 4 1/2 yrs ago.

I am curious as to what you did when you left the work force. Did you give advance notice? Should I?

Thanks for the help!

Jacqui

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Bygonelines profile image
Bygonelines
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38 Replies
jimeka profile image
jimeka

Bygonelines Jackie do they not know that you have ms? How long have you been there? Blessings Jimeka 🦋 🌈 🤗

Bygonelines profile image
Bygonelines in reply to jimeka

They now I have MS. They were good about the 1st year but the last 4 yrs has been sheer misery. They want me gone and it has been a struggle and a fight to get accommodations.I have been with them for 8 years. I have been on intermittent FMLA for 5 years now. I have had to use it much more this year than in the past. I work for our local University and they are known for treating people on FMLA badly. Making life miserable for them. My neuro is surprised they haven't let me go before now. They usually get rid of people on FMLA before the 2 year mark.

jimeka profile image
jimeka in reply to Bygonelines

Bygonelines well I can't see that you owe them anything, if they have treated you in such a way. Please let us know how you get on, blessings Jimeka 🦋 🌈 🤗

Lisacpa profile image
Lisacpa in reply to Bygonelines

Do you have short term and/or long term disability insurance through your job? They do not have the right to treat you this way. I left my job 4 years ago, first on STD, then transitioned to LTD as I filed for SSDI. I don’t believe you owe them anything re: notice. What a bunch of *#%¥s!

Bygonelines profile image
Bygonelines in reply to Lisacpa

I do not have short term disability, only long term. The long term through my employer is very unusual because it kicks in after 30 days of not working. I already have the paperwork filled out. Just need to file it when I leave.

in reply to Bygonelines

If they let you go before Dec. 28, would you lose your LTD? If so, maybe you should just go ahead and leave now.

Nom_De_Plume profile image
Nom_De_Plume in reply to

@bygoneliness I haven’t read all of the replies, but I agree with @KerryOkie. Seems like you need to be cautious with this employer. If you do give notice, put it in writing ✍️. That way, you have documentation of the communication if they decide to fire you. Keep documentation of how you’ve been written up for not meeting work assignments. Ensure your doc has references to your dilemma in her notes. I would strongly recommend legal counsel *at this time* (Disability or Labor lawyer) to make sure you have covered yourself from all angles in case it gets ugly with either your employer or the LTD insurance company or both. There’s too much at stake to risk it. I got laid off before I could file for mine. Don’t let that happen to you. Seek counsel. Don’t expect your employer or insurance to be reasonable about this.

Good luck! 🍀

Bygonelines profile image
Bygonelines in reply to Nom_De_Plume

I have decided that I am applying for the long term disability on Dec 18th. I will let my employer know about it on the 22nd. Once I turn in the paperwork for disability they can not let me go by state law and I work for a state agency/University. With the write up I received I have until January 31st to meet my employers impossible requirements or I lose my job. By turning in the paperwork on the 18th of Dec and notifying the employer on the 22nd that the 28th will be my last day. My 30 day waiting period for LTD benefits will be completed before Jan 31st. This is what my lawyer suggested. They have to follow their own rules or pay a huge fine to me and all fees for my lawyer. So either way I win. BTW, my lawyer has won several multiple 100's of thousands of dollars in lawsuits recently.

They also tied their own hands when they wrote me up and gave me till Jan 31st to meet production requirements. The only way they can let me go is if I put a patients life in danger and my job doesn't involve anything life threatening and I work from home so I can't even put a coworkers life in danger.

My lawyer thinks I am in good shape because my doc and I have been documenting everything for almost 2 years now.

Nom_De_Plume profile image
Nom_De_Plume in reply to Bygonelines

Bygonelines Excellent planning. I am so happy to hear that. They really did tie their own hands. Jerks. It's only right that it will work against them now. Way to go, @bygonelines!

Please keep us posted. I'm sorry it had to come to this. Its not a pleasant way to end your career, but I'm so glad you have found a way to protect yourself. Three cheers!

Kenu profile image
Kenu

Sounds like you’re just a number in there book. I had to give up my job and I guess out of politeness or just the way I am, I gave them two weeks notice and they just paid me off and let me go right then. I think giving them notice it made me feel better and look better by others 😊 Business is out to make money 💰 and don’t care about employees like they used to. Sad 😞 but true. Do what’s comfortable for you, not them🤗 be sure to get your insurance lined out first......

Lisacpa profile image
Lisacpa in reply to Kenu

I was lucky, I guess. My boss was very supportive, although all of my challenges were physical. It just got too difficult.

Bygonelines profile image
Bygonelines in reply to Lisacpa

I also have a ton of physical challenges and have a service dog which annoys them to no end. They hate that they have to accomodate meand my service dog. My immediate supervisor is afraid of dogs and supposedly allergic to them but I have seen her with others dogs, including in pictures. One nice thing because of this I have worked from home for the last 3 years but even that is getting too difficult. I have to sit at my computer for 4 hrs with no break, then I get a 1/2 hr lunch, and 4 more hours with no break. Kills my legs and increases my pain. I need to get up every hour and move but they don't think that is reasonable. I personally think they just want to annoy me enough that I will quit. And they have.

Bygonelines profile image
Bygonelines in reply to Kenu

I am definitely just a number. My employer is the local State university and they have over 15,000 employees between the campus, school of medicine and hospitals and clinics. I am considering giving them basically 1 week notice. And I have my long term disability paperwork all filled out. I just need to turn it in.

Kenu profile image
Kenu

Remember to get insurance lined out........🤔👍 Also SSDI takes five months to go into effect, apply ASAP when you are gone 👍

kvw_zkw profile image
kvw_zkw

Although I don't have MS, I DO have hemi crania continua and optic neuralgia, and possibly demyelation disease. I left my job 4 years ago and filed for Social Security disability in 2015, I finally have my hearing Dec 6.

Unless you have a note right of that says totally and permanently disabled be prepared for the long haul.

Good luck

Bygonelines profile image
Bygonelines in reply to kvw_zkw

Thank you. Luckily I get to keep my long term disability till age 68 so if I have issues I will still be good.

Kenu profile image
Kenu in reply to Bygonelines

If you’re doctor 👨🏼‍⚕️ states you have permanent disability with documentation to support then you should be fine. Mine was approved right away and then just had to wait for the waiting period of five months. 👍I think 🤔 it was only five weeks for notice of approval 🤗 Just stay positive 🤞💪🙏

Hailfried profile image
Hailfried

Not only that, it can still take a long time to get disability! I had to stop working in June 2016 b/c of the difficulties of MS and was denied diability! I am now waiting for a hearing and that is taking FOREVER. I am 48 and I have to now rely on family to help me financially which really sucks. My age and having a Masters degree also is working against me. To get scheduled for a hearing will take up to 2 years. It took another friend of mine with MS 3 years to get disability. It is not that easy. Then again, I have a crappy lawyer, and I had a lawyer from the "get-go". My advise (from what I learned after receiving an accidental letter from the adjudication place), do NOT get a lawyer at the beginning. Get one ONLY after you get denied (if you get denied). When you first apply, SS PICKS what to look at they did not look at ANY of my MS stuff. After the 2 denials, my material was then sent to the disability adjudication site and it is there that they have to look at everything. Once everything got there, I received a letter that they will look at everything prior to a hearing and if I have enough proof, then I could be accepted for disability - and they sent me a list of suggestions as to how to get counsel. They were under the impression that I did NOT have counsel. Then 1 week later, I received another letter stating that I had to wait for a hearing (24-26 months) and there was NOTHING about my material being looked at prior to a hearing. It was NOT going to be looked at prior to a hearing. Doesn't seem right, right? So just b/c I had counsel from the beginning I was not given that chance to have all of my material looked at while waiting for a hearing. I also know of 2 people who have MS who had all of their material looked at prior to a hearing and received disability without the hearing - they did NOT have counsel until AFTER their denial. If I could go back in time I would never have started with a lawyer.

Iona60 profile image
Iona60 in reply to Hailfried

Hailfried I'm also waiting for an SSDI hearing date. I had a friend with MS that had a lawyer from the beginning that got her SSDI WHILE she was waiting for the hearing date. My LTD place had provided me an attorney place for free. However, they have no intention of updating my file until the hearing. You may be able to get another attorney. I have been in contact with my friend's attorney and she is taking over my case.

MSCANDO had an SSDI webinar recently. It was very informative and after this I decided to switch to a different attorney.

Hailfried profile image
Hailfried in reply to Iona60

If you switch to a different attorney, do you have to start "at the beginning of the line" in terms of waiting for a hearing (if you have to wait for a hearing)? This whole thing with disability has put me in a depression and I have never been depressed before. I feel very "stuck" and feel like if I leave this attorney, then they are going to charge ME a bunch of fees for nothing (although I am sure that they will come up with lots of reasons why they will be charging me) and that I will have to start all over again and wait even longer. IF I go back to work - or even start working at an "easy" job that does not require a lot of thinking - I will probably last 2 weeks before my brain won't be able to function "normally" anymore.

kvw_zkw profile image
kvw_zkw in reply to Hailfried

No

erash profile image
erash

I told my job on the last day of work but I was in crisis mode and couldn't have worked 1 more day. It then took 90 days (of fighting to prove I qualified) for my LTD to kick in. Do you have STD (short term dis insurance ) I n the interim.?

Ps they. Kept my job for me under FMLA for 90 days.

Bygonelines profile image
Bygonelines in reply to erash

Erash - No I don't have short term disability. My employer does not offer it because their long term disability kicks in after 30 days of not working. My doctor has been documenting all of my issues for 3 years now as well as her suggestion I that I needed to quit working. Luckily I can keep my long term disability until I turn 68 (the age Medicare says I have to be to get full benefits). I figure it will take 3 yrs to get SSDI. I have to apply for it within 45 days of leaving my job per the rules of the long term disability insurance. I will be considered an employee of the University for 25 months after I leave work and as such I will be able to keep my health insurance at the employee cost for my husband and I during that time. YAY.

Kenu profile image
Kenu in reply to Bygonelines

That’s great 😃 on insurance. I had both lt and st insurance, but it took 30 days to review so it switched to long term which upped the dollar 💵 amount per month and was better anyway. Goes for three years 🤗 on long term.

mrsmike9 profile image
mrsmike9

If you are determined to work until the end of December, wait until 2 weeks before your end date and give them a 2 week notice that you're leaving. As they're being really stupid, they don't deserve any longer than that. Plus, if you do ever decide you want to do even a part time position somewhere, it will look good on your resume that you'd given the notice and not just left with no notice. The light is showing at the end of the tunnel so you have a bright spot ahead. That will help you survive until you leave. Good luck.

Bygonelines profile image
Bygonelines in reply to mrsmike9

Thank you. Every day is a struggle. But I really need to work till the end of December so I can have some more PTO built up and not have to go as many days without pay. That will be the end of the pay period and I should have 3 or 4 days of PTO so I would only have a little over a week with no pay. Otherwise I would leave today if money weren't the issue.

mrsmike9 profile image
mrsmike9 in reply to Bygonelines

I get it. You can do it! The end is near!!!

Amore55 profile image
Amore55

Bygonelines I want to give you some hope. I got Ssdi first try, got a check deposited thirty days later. Just a warning, my company’s Ltd offered me a lump sum payout after a year of monthly payments. Be prepared to make a decision regarding that, they pretty much all do that. It is a lot of money they offer, we can talk about it. Love you, praying for you. Love, Kelly xx

kdali profile image
kdali

I didn't leave because of MS. Your long term can't start any sooner than the 28th?

Bygonelines profile image
Bygonelines in reply to kdali

I need the PTO to be built up so that between my last check from work and getting the long term disability I will only have about 1 1/2 weeks of no pay. It will keep us afloat that much longer. Unfortunately with all of our medical (my husband has medical issues as well) we barely make ends meet now. Losing 40% of my pay will be devastating to us and we will most likely have to sell the home we just had built (which is handicap accessible) a year and a half ago. We had thought and hoped and prayed that I would be able to continue working longer. But no such luck.

Lisacpa profile image
Lisacpa in reply to Bygonelines

Have you heard about the new guidelines that Social Security is now using to determine SSDI? I have a lawyer friend who guided me in prepping to file for SSDI. MS is one of a few illnesses on a special sort of list; I was successful on my first try. But I’ve read about new rules. I’ll see if I can find them and post a link.

Lisacpa profile image
Lisacpa in reply to Lisacpa

Okay I hope this works. MS Can Do is a great resource. cdn.mscando.org/files/Socia...

Lisacpa profile image
Lisacpa in reply to Lisacpa

It posted-yea! The guidebook has loads of information. I hope it helps you, and others, too.

Bygonelines profile image
Bygonelines in reply to Lisacpa

It is a great guidebook. Thanks for reminding me about it. I attended the webinar but forgot about the guidebook.

kdali profile image
kdali in reply to Bygonelines

I see, because you don't have short term, your PTO will have to suffice. Ugh, I'm so sorry!

Bygonelines profile image
Bygonelines in reply to kdali

Thanks!

kvw_zkw profile image
kvw_zkw

I filed for SSI in 3/2015, finally got my hearing date 12/6/2017. Will be saying endless prayers and asking for positive thoughts.

Bygonelines profile image
Bygonelines in reply to kvw_zkw

good luck! I hope your hearing goes well. I will pray that it does.

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