HealingWell
Search Close Search
☰

Short term disability question

Support Forums
>
Crohn's Disease
✚ New Topic ✚ Reply
❬ ❬ Previous Thread |Next Thread ❭ ❭
Posted 9/14/2011 5:58 PM (GMT 0)
Although I was let go from my job last Friday for my absence in the hospital, the HR called and said I was eligible for Short term disability benefit while I was employed and may want to file. Now I am not sure if they are trying to be nice because the boss not HR was the problem or if they are trying to get me to file this so I don't file unemployment.

Anyways, I have a question about short term disability. For those of you that have gone on it for your Crohn's did you get approved fairly easy for Crohn's? How much time gets approved at a time? Is it week by week by what my doctor says or bigger chunks of time?

Have any of you used STD with The Hartford?

We are trying to decide if I apply for the STD or unemployment. We are worried for different reasons each may not get approved we are trying to decide which has the best shot. Thanks for any input!
Posted 9/14/2011 6:02 PM (GMT 0)
2006-2007 I was on TDI (RI's Temporary Disability) probably 2 out of 4 weeks every month. TDI had no problem accepting me as long as my dr filed the correct paperwork. you do have a week waiting period that you don't get paid for. As long as you have a legitimate reason for being out & its on drs orders you should be fine.  Also I know I got paid more on TDI then when I recently went on unemployment. I'm not sure if TDI & STD are the same. Also, I'm not sure, but isn't it against the law to fire someone for being in the hospital? I would also reccomend looking into that. Hope this helped somewhat. GOOD LUCK!
Posted 9/14/2011 6:15 PM (GMT 0)
Well as for getting my job back, probably not an option. It was a new job, I was still in my first 90 days and in my offer letter it states that the first 90 days either party can terminate without notice during this trial period.

But tsitodawg you bring up an interesting point. That it would cover time before they let me go. The employer says since my elimination period or 7 day week not paid was while I was still employed, I would still qualify. But I was terminated right after that and why would the STD pay me now that I am already terminated?

I don't want to file for the STD if I think I want to do unemployment because I am afraid already they are going to contest the unemployment saying I couldn't work due to illness so I don't want to have already filed for STD and maybe been rejected to give them anymore reason to fight it.

I am just so confused and there are so few resources, or at least clear understandable ones! All I really want is to get at least enough of something to cover my upcoming COBRA costs.
Posted 9/14/2011 7:14 PM (GMT 0)
well now I know what STD is. sorry I couldn't be of more help.
Posted 9/14/2011 7:39 PM (GMT 0)
Cupcakes, I'm deleting my message because I wasn't getting the situation, and my answer was inaccurate and confusing. Dawg and clonehead, below, appear to have good answers.
Posted 9/14/2011 7:54 PM (GMT 0)
This link seems to provide a good concise answer that echos what tsitodawg said:

http://www.blurtit.com/q870150.html

I believe the particulars regarding unemployment benefits also varies by state, so you'd need to look up the rules and laws in your area.
Posted 9/14/2011 7:57 PM (GMT 0)

Roni said...
I wonder if you could do STD and then unemployment when that runs out. You could call unemployment and ask them what is the best thing to do...?

If she returned to work, and was then let go, I think she could only collect STD benefits for the period of time that she was employed.  In that case, they would be paying STD benefits retroactively to the period of time she was disabled. 

To get STD benefits you have to have a doctor who will certify that you cannot work.  To get unemployment you have to be able to work, and seeking employment. 

Posted 9/14/2011 8:05 PM (GMT 0)
Well I talked to the help line at the STD insurance company just to confirm if my already being terminated disqualified any future payout. She said no, if I became disabled while still employed and I met the full 7 day elimination period while at work I could still be eligible for STD and should apply.

I have a follow up appointment with my doctor tomorrow so I will see what she says. If I could choose I think in the long run I would be better off with unemployment because it will go longer if I need. But my concern is the fact that I do have to be able to work and since they let me go because they said they needed someone actively in the position now and I was unable to get to work due to illness I am afraid they will contest the unemployment, even if my doctor said I am ready to go back in a week.
Posted 9/14/2011 8:27 PM (GMT 0)
So, they let you go while you were still out sick?
Posted 9/14/2011 8:34 PM (GMT 0)
Yes. They called me the afternoon I got discharged from the hospital and let me go over the phone. I had only been home from the hospital 15 minutes when they called, they knew I was just released. My fiance was so furious at their timing I thought his head was going to explode!
Posted 9/14/2011 9:09 PM (GMT 0)
I know I didn't understand the full story.

It can vary by insurance policy, but I believe that it is not always true that the STD benefits always ends when your employment ends if you were terminated while out on a disability. So, just because you were released from a hospital doesn't mean that your doctor said you could return to work. If your doctor said you could go home AND return to work, then your STD benefits would be limited to the days you were in the hospital.

But if your doctor said that you could not return to work, some STD policies have a provision that they will continue to pay disability benefits if your doctor says you cannot work for the same disability that caused you to take a leave while employed.
Posted 9/14/2011 9:44 PM (GMT 0)
Sorry guys, I have so much on the brain and I had a post a few days ago about being let go!

Clonehead is right, when I talked to the STD insurance lady they do have a provision that if I qualified for the STD while still employed I can still be eligible for benefits after my termination date if my doctor has not cleared me to be eligible to work. I go to the doctor tomorrow for follow up but last time I spoke with my doctor she said I would be unable to work at least a minimum of 2 more weeks. My STD benefit is not voluntary, it wasn't deducted from my paycheck. It was an employer paid benefit that was effective first day of employment.
Posted 9/15/2011 1:26 AM (GMT 0)
I have decided to take it. I think initially I thought I would just file for unemployment and then between what I have going on with insurance, work, money, I just got overwhelmed and started making things harder than they are. Plus I always think I am not as sick as I am so in my mind I think I just didn't see myself on STD, not sure why. It is more money per week than unemployment.

I go to the doctor tomorrow morning for my post hospital follow up and will discuss it with my doctor and probably file for it tomorrow afternoon.

Thanks for all the insight, it got me thinking a little more clearly!
Posted 9/15/2011 2:12 AM (GMT 0)
Missanonymous I wish that was the case but here I was working at Memorial (I am orig from RI) and I saw my coloractal surgeon and he had me go for tests (granted this situation can be diff since I was a temp there at the time but I will add more to it in a moment) I had 3 surgeries up to this point and was hospitalized right there at memorial...they let me go since I missed too much work I told them i would have done paperwork if they wanted to wheel me a PC up to my room...I was bored...but prior to that Job I was let go from my job as a veterianrian assistant. I had been there over 2 years and was even at work the morning of my being admitted via ambulance from the walk in (went to the walk in they found me to be over what they could do and sent me via ambulance to Miriam. Then began my surgeries. I was given the ok to return to work on light duty for 1 month then there after I could return to full duty. They let me go on the spot on receipt of that letter from my doctor saying I should get a job where I sit down all the time and answer phones or something..

I did have 2 weeks paid vacation that I used when I was first out then I used TDI not knowing I was going to be let go now I missed my 1st day mid February and was given the ok to return in late august (after a 3rd surgery) or early sept...granted come january I needed yet another surgery but that was unforseena t that point. I almost put in a claim for it but at that time was still too sick to fight for what they did
Posted 9/15/2011 10:30 AM (GMT 0)
I would take the STD and save UC for when it runs out if you need it. IMHO someone in your HR dept. is covering the company's back side. They know you should have been offered STD prior to termination. Now, what if after the STD you are able to return to work? A consult with an employment attny. might not be a bad idea.
Posted 9/15/2011 12:22 PM (GMT 0)
I don't know anything about STD since every place I've worked at has STD with a pre-existing condition clause. So I'm not sure what to do about that. But my understanding is that you need to be still employed to receive it.

Were you let go because they didn't have enough work? Or did they let you go because you were sick/in the hospital? If you were let go because of the latter, it sounds a lot like wrongful termination. This is against the Americans with Disabilities Act. I second lamb61's idea of seeing an employment attorney, just to make sure what's going on is right. Something sounds kinda fishy...
Posted 9/15/2011 5:08 PM (GMT 0)
STD benefits are also separate from job protection under FMLA (Family Medical Leave Act). 

Starting with FMLA, I found this website that summarizes the employee job protections quite nicely:
http://fmlaonline.com/

The employer has to have 50 or more employees, and the employee has to have been at work for at least 12 months. 

I am not an attorney, so maybe there is something there under the ADA provisions, but I imagine that the employer is protected under FMLA (and that would certainly be their argument if it got that far along.)

With respect to STD, you need to be employed at the time of disability to receive the benefit.  But, as in cupcakespinkgal's case, benefits will typically extend past a date of termination if the person remains disabled. 

There is usually some timeframe allowed to file the claim.  There are cases where you know you are going to be hospitalized (like a planned surgery) where you want to file all the paperwork and get approved for the benefits in advance.  However, you often have cases where you have an unplanned hospitalization/disabling event in which you need to apply for benefits after the event. 

All that said, it sounds like you are still in the window of being allowed to apply for benefits.  Current employment status should not effect STD elegibility/benefit. 

Posted 9/15/2011 6:00 PM (GMT 0)
Well I called today to file the claim and as I suspected before but HR and the helpline tried to convince me otherwise. I am not eligible. My employer's policy states my benefit ends with my termination date unless I am also on FMLA. Well I am not eligible for FMLA because I haven't been with the employer long enough.

So now I am going to apply for unemployment and pray they don't contest it. I am hoping they just let it go and don't say that I am too sick to work, which I am but depending how this Humira continues I could be ok to work in 1 -3 weeks. Fingers crossed I keep getting better and don't have a set back.
✚ New Topic ✚ Reply