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    Cognitive Issues - legal rights?

    I am struggling with ability to keep up the pace and do my job. I have difficulty remembering, planning, prioritizing what I should do to get my work complete.

    I have not been warned yet, but feel it is a matter of time. I can't argue with the quality of work or that I didn't follow due process all the time.

    I am guessing an employer can terminate for performance and that no employer LTD would need to cover me once they terminate even if the cognitive issues contribute, is that correct?

    If I approach my employer now and discuss, is that in my best interests or should I not acknowledge as they could use it against me in termination?

    I am an anxious mess now, which I know is not helping. Have neuro appt. 5/1 - just trying to hang on until then.

    Any advice from people who have been thru it is greatly appreciated.
    Kathy
    DX 01/06, currently on Tysabri

    #2
    Have you discussed work performence with your MS neuro? If not you need to do so very soon. You will need your neuro's support to qualify for LTD and just about any disability benefits, including SSDI. Your MS neuro must make the medical determination that you are disabled.

    How long have you been employed with your present employer?

    Do you qualify for benefit payments under the LTD policy?

    Have you met the 2 year 'look back' provision in the LTD policy? The look back provision allows the insurance company to look into your medical records for 2 years from the policy effective date. This could be up to 4-5 years into your employment if there is a waiting period before you qualify to participate in the LTD plan and have a 1 year waiting period while paying premiums but before claims are eligible for payment, and a 2year look back period to determine if your MS existed, even if undx, within the 2 years look back period.

    Once the look back period is met, the pre-existing condition exclusion under the LTD policy no longer applies.

    If you have not met the look back provision, you stratagy should include applying for FMLA leave of absence in order to continue working without being terminated for un-paid sick leave, protected for up to 12 weeks annually. You will need to determine if you qualify for FMLA.

    FMLA might be the first approach before applying for LTD. FMLA leave of absence will give you some time to recover and to determine if you qualify for STD and/or LTD benefits.

    Once you apply for STD and/or LTD the clock stops and the 2yr pre-existing condition exclusion search into your medical records begins. A search of every doc you consulte with, doc notes, reviewing MRIs, all test results, even if there is no official dx as a result of you medical consultations.

    Best of luck, I hope you have met the pre-existing condition exclusion period, qualify for FMLA and that you have the support of you MS doc.

    Comment


      #3
      If I approach my employer now and discuss, is that in my best interests or should I not acknowledge as they could use it against me in termination?

      Most professionals in the employment placement and benefits industry will recommend against disclosing until and unless your disability is one that requires accomodiation, like wheelchair access or vision problems requiring special accomodiation.

      MS is an expensive, incurrable and progressive disease. Unless you are confident, based on many years of work history, that your current employer will do the right thing for you when the time comes for you to stop working, continue expensive medical benefits for you, otherwise I'd think long and hard before disclosing.

      If neuro psych evaluation and retraining sound like something you think will help you maintain employment, within the limited time line available for you to improve your performence, it may be worthwhile considering. I've had only neuro psych evaluation, but not familiar with retraining.

      If your cognitive sx's are the signs of an extended MS exacerbation, flair, etc., I don't know if or how effective neuro psych retraining might be.

      Unless there is an agressive, published HR policy in place offering employees with physical and/or cognitive impairments options to continue working, I personally wouldn't disclose.

      Comment


        #4
        Thanks for the response and guidance. It's given me a lot to think about.

        I recently had a relapse and was out 10 days. The company I work for has STD on the 6th day, with FMLA kicking in concurrently with this. Both are retroactive to day 1, as long as approved, which it was.

        I've been with the company 8 years, diagnosed 7 years ago. So I think from a pure eligibility stand point, I am ok.

        I actually disclosed to my employer last year following a flare. I had asked to work a few days a week from home as needed, which they did accommodate.

        I do plan on discussing with neuro and have expressed my concerns before. My cognitive testing showed only slight change and no major issues. Neuropsych guessing the issues I discussed are related to fatigue. so I think it will be an uphill fight anyway for LTD and SSDI. I am impacted primarily with the invisible symptoms.

        Thanks again for the reply.
        Kathy
        DX 01/06, currently on Tysabri

        Comment


          #5
          Hi Kathy,

          I was employed for almost 30 years at the same company. I had MS for probably at least 15-20 years but was not diagnosed until about 5 years ago. I guess I compensated well up until the time I started searching for what was wrong with me.

          I finally disclosed after a poor performance review; the first one I'd ever gotten. Like you, I knew my performance was not what it once was, but thought I was hiding it well. Several accommodations were made, but nothing really helped. After discussion with my supervisor and visiting my MS neuro and GP, I decided to take leave.

          I've now been off work since August. I was on sick leave and FMLA until April 1, but my initial LTD app was rejected. It is now under appeal. They claimed they didn't receive the paperwork that my doctors faxed to them.

          I'm lucky in that if my appeal is ultimately unsuccessful, I can retire early. It won't be easy financially, but I'm finding I don't need to spend as much when I'm not working. Also, I feel better overall when I can rest and work at my own pace at home.

          So, I'd say if you decide to disclose, make sure you are ready to file FMLA papers FIRST. You don't have to take time off to have FMLA in force, but it's there if/when you need it, and it protects your job. Also, be sure you get your health history up to date and have any co-morbidities (diabetes, arthritis, etc) documented well as they will supplement your claim..

          What I did when I disclosed, was to print out some articles on the symptoms of MS and how it affects cognitive ability. I gave them to my supervisor, and we discussed how MS was affecting my ability. Not all are as fair as my supervisor, but he was very compassionate and worked on accommodations for some time before mutually deciding it wasn't proving all that helpful to my overall health.

          Jody

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