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jklivin

Short Term Disability Benefits Denied - What To Do?

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Has anyone ever tried to get short erm disability from their employer and been denied?  I have had all sorts of manifestations from this diease, one in particular is peripheral neuropathy or  "nueropathic" pain shooting down my left arm and into my left hand.  It hurts quite a bit quite often, and other times, when more relaxed, goes into a numb state.  So it makes it a little difficult to be on the computer for long periods of time, which 95% of my job requires in the technology field.

 

Anywho - I was wondering if someone has been denied benefits and if so what you did to get by?

 

My employer has flat out denied both my family doctor's and neurologists request to be out until at least the end of April - I was diagnosed 10/25/2012 and have not worked since because how bad off I was.  So I applied for disability right away and they denied me.  Currently looking for an attorney as well.. I know Celiac disease is included in the FMLA act, so I know I my employer should be giving me my short term benefits.

 

Any suggestions would be greatly appreciated.  I am not sure I posted in the correct forum thread, but did not find one concerning this issue.

 

Thanks,

Ed

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Even with the Family Leave Act and the ADA, that still doesn't guarantee that you will be paid for being out on disability.  Those protect you against losing your job while out but applying for and receiving disability is a lot harder to prove.  Most disability leave requires a waiting period of 3 months or some waiting period.

 

It's probably best to use accrued sick leave with the doctor's note, if you have any.  Companies are cracking down because, unfortunately, there is a lot of abuse of the system.  Depending on how long you need to be out, a good review of your case with an attorney might be a good idea.  Sometimes, just a note from an attorney would do the trick but then, you may invite problems down the road.  I would bring your company's disability policy with you and have an attorney take a look at it.  It can't hurt to talk to someone about it.

 

I wish you luck and hope your neuropathy settles down and you feel better soon!

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I don't know about the US, as I am located in Europe. Having gone through something similar, it strikes me that you didn't state WHY they denied you benefits.

 

You should ofcourse get their argumentation in writing and then you write a complaint, in writing, where you tear their argumentation apart. Hopefully you do this in a very factual manner by referring to a combination of medical documentation and laws and policies.

 

I suggest you try to be strategic in your actions. By that I mean that you should avoid escalating the conflict with your employer until you have the upper hand, e.g. you're fit and able to find other work. This means that you should avoid having an attorney sign or write the letter, but rather you sign it yourself. If your employer escalates the conflict, then you act accordingly, but not until then. You don't want to play out all your cards at once, besides, you might need all the goodwill you can get from your employer.

 

Meanwhile, make sure everything relating to your illness is well documented, and seek financial support elsewhere. Maybe you can get by by working part time?

 

Good luck!

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