6 Day FMLA LTD Gap

[Hugocfs]

CFS has finally broke my will, and I don't see how continuing to work is sustainable. My question is how to bridge the 6 day gap between 12 weeks of family and medical leave (84 days) and the 90 day waiting period to apply for LT disability. The way i see it, if after 12 weeks (84 days) of FMLA I don't return to work, I get canned. And when I get canned, I lose the company LT disability coverage. (Another one of the multiple catch 22's that seems to exist with this crap disease.) I have plenty of vacation time accummulated over 23 years, at least 10 weeks worth. Any advice appreciated on how to play my cards right on this one would be appreciated.

 

[Valentijn]

Get advice from a lawyer that specializes in disability/benefits law. It's worth paying for an hour or two of their time if it means you can avoid being uninsured.

With Obamacare, you might be able to enter the high risk pool if you lose your health insurance from your job. I think that part of it is already in effect, but I'm really not sure, and I have no idea how it works.

 

[Ema]

CFS has finally broke my will, and I don't see how continuing to work is sustainable. My question is how to bridge the 6 day gap between 12 weeks of family and medical leave (84 days) and the 90 day waiting period to apply for LT disability. The way i see it, if after 12 weeks (84 days) of FMLA I don't return to work, I get canned. And when I get canned, I lose the company LT disability coverage. (Another one of the multiple catch 22's that seems to exist with this crap disease.) I have plenty of vacation time accummulated over 23 years, at least 10 weeks worth. Any advice appreciated on how to play my cards right on this one would be appreciated.

I agree with Valentijn that you need a lawyer experienced in ERISA disability cases ASAP.

Do you have short term disability that covers the period of time while you are out on FMLA? Usually that runs for the first 12 weeks and then it turns over into the LTD afterwards. Your HR department should also be able to answer questions for you on the policy.

Just a word of warning though...LTD cases are notoriously difficult especially for illnesses where there is no "objective" proof. If I had one thing to do over again, it would be to hire a lawyer the day I left on disability instead of leaving it until after my benefits were denied. I hope that you will be more pro-active than I was!

 

[*GG*]

I think contacting a lawyer is a good idea, try to find someone who is knowledgeable with our illness. If you are in my area, I have someone I could suggest. Not sure if he is knowledgeable for every state? So the LTD is not portable? I wonder if mine is, something to think about, although I have been on the upswing for the last 3 years or so.

GG

PS Feel free to PM me if you think I could be of help. I was out for nearly 3 months over 3 years ago now, I decided to go back before the 3 month trigger hit, figured I would see if I could handle work again, and take it from there.

http://www.disabilitysecrets.com Not sure how good this website is, the Lawyer I was thinking of did not come up on it.

Finally found this archived, I stored it in case I ever needed it, hopefully it will help you find an answer:

http://www.prohealth.com/library/showarticle.cfm?libid=16349

Please let me know what happens, be very interested in learning more about this "situation".

 

[Hugocfs]

Update. Fortunately, I did get an ERISA attorney in the state of Florida familiar with cfs/me. According to my ltd policy (which was basically incomprehensible to me or my sister who is a paralegal), I needed to file a claim within 30 days of going out on FMLA if possible (which I did). So there was no need to worry about the 6-day gap. It didn't apply. Thanks for all of the advice. I have appointments with two doctors next week (electrophysiologist for p.o.t.s and allergist/immunologist for possible cvid.) If they can't pull a rabbit out of the hat, that will be the end of my 23 year career. So it goes (with cfs/me).