Hi, I'm about to contact a lawyer regarding Cali MS disabled rights and disability accommodations with ADA
I need to be able to work remotely 100% of the time (software engineer in a support role). I'm sure many of you have been thru this before and I want to know if you have any tips for me. I see my neurologist again this weds. My PCP has been updated to the progression of my disease. I recently got a below expectations on my review, citing many of my MS symptoms as issues. Problem-solving,… read more
Do not know of reliance standard insurance but than I never worked in the insurance industry.
As you can see making the decision to go out on LTD isn't so easy.
@A MyMSTeam Member
So your MS is considered a pre-existing being you were DX'd 7 years ago and you've been with the company 2 years.
Do you have the actual LTD policy with all the fine print or do you only have pamphlet which is what HR generally only give out ? If only pamphlet go to the policy holders website to find the complete policy PDF. DO NOT ask HR for it. Look for the section pertaining to pre-existing conditions.In the event that you're employer is building case for termination you don't want them to know so they can accelerate the process. Additionally do you have STD (Short term disability) as benefit ? If so you generally have to use up all your STD time before you can apply for LTD.
Of course you'll have to discuss this all with an attorney but some things to consider are :
RE: LTD
*Is LTD part of your employee benefits package ?
*If LTD is part of your employer benefits package than were you working for this company before you were DX'd ? If not than your MS would be considered a pre-exiting condition and most likely be a non- qualifying event to collect LTD. The Affordable Care Act does not include LTD..
* The above applies even if you purchased your own LTD policy.
RE: ADA Accommodation
*Are there any other employees doing the same job as you that are working remotely ? If so this would help your case.
*How do you plan to demonstrate to your employer that working remotely will improve your job performance given your recent review? For example how is working remotely going to improve your speed of solutions ?
*Though a company cannot terminate you for having a disability your employer can build a case for termination based on your inability to meet the expectations and criteria of the job.
*Per ADA you can request a "reasonable accommodation" . However ADA doesn't require employers to make accommodations that would cause them an undue hardship: significant difficulty or expense. An employer can prove undue hardships by demonstrating that such am accommodation would be too costly, extensive or disruptive to be adopted in that workplace.
I wish you all the best in this endeavor.
@A MyMSTeam Member Your are much to kind . I also consider you a friend, Have been on SSDI for 12 years, Worked in corporate American before going on SSDI. I'm volunteer Advocate for the disabled and seniors for the state of IL as well as at the Federal Level. Somehow became the go to person when someone is in need of assistance, Not being abled to work helping people such as yourself and other on this forum helps me to feel like I'm still a viable part of society. So very happy to help, RE: Healthcare If you go out on LTD you will be given Cobra papers from your employer. If you elect to pay the full premium Cobra is for 18 months. If you win LTD benefits and than are able to be awarded SSDI benefits while you're paying for Cobra, if SS determines your date of disability* to have begun while you were still employed with your current employer Cobra gets extended to 36 months.** This is important to know because there is a 28 month wait period after being awarded SSDI benefits before you are eligible for Medicare. * SS makes the final determination of when your disability began not your doctor. Date disability began generally is never when the DX was made. ** Cobra extension to 36 months does not happen automatically. Once you receive your SSDI awards of benefits letter and it states the date of Disability that you can match back to being employed you have to contact the HR office of that company and you'll be required to fax or mail a copy of the SSDI award of benefits letter to the company. You will than get a confirmation letter that Cobra has been extended to 36 months. Re: Attorney - Check with your local NMSS chapter https://www.nationalmssociety.org/Chapters/CAN Know I have given you a lot of information but believe knowledge is power.
I want to tell you how thankful I am that you are helping me with this. I feel like I have a real friend to discuss this with @A MyMSTeam Member I'm concerned about the amount of money I will have as I'm sure all are, if i'm lucky enough to have LTD work out for me. My doctor said today that this is the direction I should go, and he wrote me a 100% remote note to continue with ADA as well as plans for testing cognitive etc. He did give me a little test today the one with the shapes and numbers, and I got only 34 out of the expected 54. They were all correct, but within 90 seconds I didn't get as many as I should have. :( He said this is not reflective of my intelligence (i've never scored "below" on anything in my life, but rather a clear example of my processing speed which is definitely the MS. We are working on a plan. I like my new doctor he's awesome. He did tell me I would be denied initially and that I need a good lawyer. Any tips on finding a good one in the bay area?
Because I live in California, there are several options for healthcare but it's obamacare, and that's trying to go out the window and I'm concerned about the "death squads", pre-existing conditions etc. I can elaborate here if you or anyone reading this doesn't know what I mean. However, 60% of my salary puts me in a higher income bracket. I'm not sure what or how to calculate this and I'm totally interested in further convo with you or anyone who has been thru this. Are you on disability? You have obviously been thru this with someone. <3