Help - I'm not sure what's next

[Sparticle]

Which we all know is "normal" when we live with MS.

However, over the past year despite having stable MRI's my cognitative abilities are declining along with my typing ability. I work as a buyer and my boss has been riding me and has written me up twice for not being able to meet my metrics.

I have met with her and our HR rep - I asked for some accomodations - an ergonomic review of my workstation, the possibility (due to my problems with "processing" due to the MS) to slightly lower my metrics vs. non affected members of the department and because of fatigue and coordination issues to have the ability to work from home a couple days a week.

The only accomodation she would agree to was the ergonomic study and she told me that our department couldn't afford to purchase a large keyed keyboard to make typing easier I'm on FMLA -interestingly my boss had no problems with me until I disclosed I had MS. (she has fibromyalgia and is off/out of the office many days of the month).

In September 2012, she put me on a performance improvement plan - we were supposed to meet weekly to review my performance - she didn't show up for any of the weekly meetings. In October, I was off for three days (I also have Meniere's disease) and the moment I came back she pulled me into the office and told me she needed to sign the performance paperwork (I had signed this when she put me on it initally in September).

She argued with me that she had not filled it out, I went and got my copy which showed that she had put it in place for 60 days on September 1st. So technically it should have finished on November 1st, but she failed to have any weekly meetings with me, due to her absences. She extended it until end of December. She was supposed to meet with me on 11/2 and again today and nothing.

In the meanwhile, I did have a neuropsychological evaluation that did show that I have significant impairment in the right hemisphere of my brain and that my processing and memory capabilities are significantly diminished. The neuropsychologist and my therapist both want me to consider looking at LTD.

I'm terrified by this. I moved from Cleveland in early 2011 for this job and the neurologists here in SW Ohio are nowhere near the caliber of those at the Mellen Center. After getting the report, I'm not able to get in to see my neurologist until January 2013, and realize I am going to need her support to apply for this.

I am just now getting stabilized from the move (I moved due to my husband of 20+ years wanting a divorce, which blindsided me) and working at this job which has been a struggle because of my boss and other staff in the department are difficult to work with. (not just my feeling - a number of people I know in the hospital ask how I can work for her and she has scored poorly in employee performance ratings for the past 3 years apparently. Look up micromanager in the dictionary, she's there). I've watched three of my coworkers leave for other positions and her administrative assistant left just last week, so I know its just not me.

I would appreciate everyone's input on what I need to do next - I'm feeling paralyzed by all of the recent events and while I wasn't thrilled to get the information from the neuropsych eval, at least it validated that I was crazy and there was an "organic" reason for my struggling so hard. I really frightened myself - one of the departments I buy for called to ask why their orders had been cancelled - when I went to look at the record, I HAD cancelled them but had no memory of why, so its getting worse.

Sorry for running so long, but I really am afraid and have no friends or family in the area - and only a brother who is very wrapped up with his own issues living in KY.

Thanks for any input.

Regards,

Sparticle

** Moderator's note - Post broken into paragraphs for easier reading. Many people with MS have visual difficulties that prevent them from reading large blocks of print. **

[Camsue]

Hi Sparticle

sorry you're having such a hard time..sounds to me like it's time to find another job. I'm sure the stress of this situation and your recent divorce has alot to do with your cognitive issues...stress can be nasty!

I hope things feel and are better after writing this..Have a relaxing Veterans Day weekend

[MSW1963]

You need to review the LTD policy to determine when you will meet waiting and eligibility periods and the pre-existing condition exclusion period. These vary by company and carrier, but I have outlined some typical policy limitations you should be aware of, assuming your LTD coverage is provided by your employer under a Group LTD policy.

Most Group LTD policies have a waiting period, eligibility period and a 2yr look back period.

Group LTD policies typically have a one year waiting period, a time during which you pay no premium and are not covered.

After one year of continous employment, eligiblility for coverage begins. The eligibility period begins and is typically one year during which you pay premiums but claims are not eligible for payment.

After the eligibility period is met, there is a 2yr look back period for any claims filed. Claim for benefits are denied as pre-existing condition for any dx or medical treatment within 2 years of the policy effective date. During this period benefits are paid for claims such as auto accident and non-pre-existing conditions. After the 2yr look back period is met, claims can not be denied for pre-ex.

Pre-existing condition for MS can be interperited to mean many things when viewed by a claims examiner. Any doc you consulted during which you discussed sx's that can, now that you are dx'd w/MS, be attributed to MS, although at the time the sx was non-specific and not diagnostic of anything in particular.

Because your employment began early 2011, you should do what ever you can to meet the look back period in your LTD policy. A strategy to consider is intermitent use of FMLA, and STD if available.

FLMA allows you to take 12 weeks of unpaid leave each year while protecting you employment. You can apply for FMLA in advance for use through out each calender year. Any paid time off can be applied during the 12 weeks of FMLA.

Once you have reviewed you LTD policy and know the policy specifics for waiting, eligibility and look back provisions, develope a plan that will allow you to continue to work with the objective to at a minimum, meet the look back, avoiding having your LTD claim denied as pre-existing.

Best of luck finding a new doc. It can be difficult in a new city, new job, and a difficult new boss, BTDT.

[Leah27]

After the eligibility period is met, there is a 2yr look back period for any claims filed. Claim for benefits are denied as pre-existing condition for any dx or medical treatment within 2 years of the policy effective date..

Does this mean if you started a new job within 1 year of diagnosis you can never qualify for LTD?

[MSW1963]

No, it means you should not file LTD claims within 2yrs of the effective date of the LTD policy.

Claims can't be denied for pre-existing condition once you have met the 2yr look back period or 2yrs from the policy effective date.

Because of MS's often long time lines from presenting sx's to testing while in "limbo' without a dx and eventual dx, MS claims are particularly vunerable to a pre-existing condition exclusion within the look back period.

Even if there was no indication that your numb legs were related to anything other than stress 1.5yrs ago, when viewed by a claim examiner, that 'stress' related numbness will likely be viewed as MS related regardless of diagnosis status.

Abnormal MRI's that do not result in a dx for many years can be the basis for denying claims for pre-existing condition.

The look back period and other policy limitations are mandated by each state's department of insurance. 2yr look back one state may be a 1yr look back in another state.

Because of state mandates, and company/employer preferences that can be more favorable than the state mandates, it is best to refer to the actual LTD policy.

[Leah27]

Sparticle,

Did you look into switching into a less complicated job within the company you are with?

It could be less pay, but you may be able to keep the benefits... just an idea!

-Leah

[MSW1963]

Transfering to a department with a less agressive manager/supervisor and/or a less stressful job in general should be part of a plan to maintain active employment status with the ultimate goal being qualifing for benefits when needed.

Paid time off, FMLA, STD and changing to a less stressful/lower paying job should all be included in the stratagy to keep Health insurance, STD, LTD benefits until qualifying status/'events' are met.