Can't get FMLA

[suzyguqt]

I changed jobs in September so do not have enough hours for FMLA. After starting my new job, coworkers began complaining about my job performance and was called in on my day off by my manager to discuss the problems. They all came down to memory/cog issues.

My neuro gave my a work excuse through June 17 in order to complete neuropsych testing (takes a long time to get in for this). At work, I had to apply for a leave of absence which does not leave my job protected. In fact, I do not expect my job to be held for me. However, while the short term disability insurance provider okayed my payments through June 13, my job sent me a form that I had to reapply for LOA after 12 weeks. If I do not get the forms in on time, it is assumed I quit (no benefits) or if they do not feel I meet their criteria for a LOA, then it is bye bye baby. I know I will get the paperwork in as will my neuro.

My concern rests ultimately with the neuropsych testing. I had this done last year and was told I did "excellent", and did the best of any patient this guy had ever had. Never mind I couldn't hold a sentence being spoken to me more than halfway through to the end, etc. My insurance does not cover the one person who does neuropsych testing that specializes in MS patients and the cost is beyond my ability to pay out of pocket.

If my results are "excellent" again but I can't do my job because I can't recall how to use the computer program, multitask and keep leaving patient results hanging because I forget a specimen is on an instrument, etc., what do I do? I am a med tech and the thought of a blood bank emergency leaves me cold. It takes me forever to figure out the menu path on the computer to order, result and release blood products even with my written notes. Do I have any recourse and does my neuro have to go by the tests or by my real world experience?

Does anyone else have any experience with neuropsych tests saying they were better than normal when they struggled with memory, word finding, cog fog, etc.? I feel like staying up all night, taking my meds before the appointment and letting the chips fall where they may that way. Any thoughts? Thanks.

[MSW1963]

There's a possibility you may be covered by LTD from your previous employer if the onset of your 'disabling neuro psych' condition was prior to the date of your resignation.

It's a remote possibility, a lot of time has passed, statute of limitations, in addition to meeting the burden of proof that the onset of your Neuro Pshcy condition pre-dated your resignation. Assuming you resigned for a new job versus illness, etc., won't be the most favorable for your LTD claim.

But definately something worth looking into, particularly if you were having job performance problems related to your 'debilating Neuro Psych' condition at the time you resigned from your previous position.

If there is documentation in your MS Neuro medical records dated while you were employed with the previous employer, it may not be impossible to prove.

It's not unusual for LTD claims to be made following resignation, so your claim won't be the first. The circumstances involving new employment, and the statute of limitation may be the most problematic.

Best of luck and take care

[Jules A]

Does your MS remit to the point where you will eventually be able to do your job again? If not although I would definitely try to get whatever short term disability etc. before you resign or they terminate you perhaps it is time to think about a plan B.

I'm really sorry you are dealing with this. I hate MS.

[suzyguqt]

My physical symptoms are not significant and I can cope with them pretty readily (except the fatigue can be problematic).

While I have had memory issues in the past, this is the first where I wasn't aware that I am not doing the things I need to do. I also was okay on the computer while now I am overwhelmed with it. I am taking Aricept which I thought was helping me a lot but apparently not as much as I believed it was.

[MSer102]

Hi suzy. I'm sorry you're having trouble on your new job. You asked "does my neuro have to go by the tests or by my real world experience?" Your neuro doesn't have any way to know what your real world experience is because he isn't following you around or watching you at work and rating your job performance. That's why your neuro sent you for neuropsych testing. There has to be a standard test to compare you to and your neuro doesn't do that kind of testing so he has to rely on the results of the test.

Unfortunately there aren't any good medicines for MS cog fog. Aricept is only somewhat helpful for Alzheimers and dementia and not particularly helpful for MS. At first some researchers though it might be but found out after more testing that it wasn't very helpful after all.

I'm sorry you have to go thru this.

[Laura]

Re getting the right doc for neuropsych testing.
I had great difficulty finding one on my insurance approved list. None of the ones on the list did this type of testing.

After many phone calls, insurer was able to find the doc my neurologist referred me to by going through the mental health providers rather than the 'physical health' providers.
I wish you great success in the process.
Laura
P.S. Reading these posts was 'comforting' learning that so many others had equal or worse situations trying for disability benefits.
It was also horrifying reading about everyone's emotional pain and external pressures trying to complete this application task that proves we can't actually do this type of thing in our work day!
For the last year, I've been dealing with this nightmare up-close.