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    #1

    FMLA and Short Term Disability

    Has anyone else had trouble with their Dr. in getting their forms completed and sent in to the private disability company I have with work? I was diagnosed less than 2 yrs ago with MS, I am fifty and a male. I went back to work after being hospitalized, and a mnth of PT, OT, and speech path. I experienced an bad exacerbation at the end of May of this year. My case worker called me today and said she was still waiting on the paperwork, and my case will be close on Friday. My wife has called the neurologist everyday, and my case worker has called the Dr's office 30 times since opening my case, and they will not take her call. My wife and I are so stressed out, we don't know who to turn too...
    Any suggestions would be greatly appreciated. Thanks...
    Tags: None
    #2
    Hello, EC in RVA. Has anyone made an appointment with the doctor or visited the doctor's office? Also, I would post this to the general message board here on MSWorld and also the Employment and Disability issues board, too. Best of luck.

    Rich
    Attorney Richard Feingold concentrates his law practice in helping disabled individuals obtain the monthly Social Security disability benefits and health insurance that they need to survive. Although based in Chicago, Illinois, Rich helps disability claimants nationwide. He has been answering posts in this forum since June 11, 2003. Twitter handle: @RichFeingold.

    Comment

      #3
      I ran into problems with one MS doc, chief of neurology and chairman of the local NMSS who seemed to feel his time was too valuable and he was above such mundane tasks such as completing insurance forms for disability income. Forms that only he could complete based on insurance company requirements. He was actually insulted.

      I'm not sure that's at issue with your doc, it seems your situation may be related to problems with your doc's office staff.

      In any case, I would make an appointment with the doc's office if time permits. If not, go to the office first thing in the morning and insist on speaking with the practice/office manager, or your doc although that's unlikely, or someone in authority to get the forms signed.

      I would bring copies of the insurance forms as there's a possibility the forms are 'lost' in the doc's office.

      Also, request an extension to submit the forms from the insurance company.

      Good luck.

      Comment

        #4
        Hi, MSW1963. Thanks for your post.

        Disorganization in a doctor's office certainly is a possibility. We find in our medical requests that often it is claimed that they were never received even if we have a fax confirmation, for example.

        Also, keep in mind that there are always attorneys who practice in the employment law area should you need more specific assistance, EC.

        Rich
        Attorney Richard Feingold concentrates his law practice in helping disabled individuals obtain the monthly Social Security disability benefits and health insurance that they need to survive. Although based in Chicago, Illinois, Rich helps disability claimants nationwide. He has been answering posts in this forum since June 11, 2003. Twitter handle: @RichFeingold.

        Comment

          #5
          Oops..

          I assumed your question pertained to STD forms and documentation. I realize now that you are asking about both FMLA and STD?

          In either case, going into the office, with all forms you need signed in hand, still applies.

          Request doc's office fax the forms and provide you with fax verification of transmission, confirm the fax number.

          Follow up with a call to your case worker to confirm fax was received. It would help if you address the fax to a specific individual versus addressing the fax to a general department.

          Good luck!

          Comment

            #6
            Hi, MSW1963 and everyone. Sometimes calls alone do not work. Sometimes if I do not get a response, I will mail a certified mail letter, return receipt requested. That often gets a response. But be sure to consider the possibility of speaking with an attorney who concentrates in employment law to get the lay of the land and your legal options, EC.

            Rich
            Attorney Richard Feingold concentrates his law practice in helping disabled individuals obtain the monthly Social Security disability benefits and health insurance that they need to survive. Although based in Chicago, Illinois, Rich helps disability claimants nationwide. He has been answering posts in this forum since June 11, 2003. Twitter handle: @RichFeingold.

            Comment

              #7
              Thank you Rich and MSW1963

              I greatly appreciate your feedback. I actually did go to te office, and we handed to documents to the doctor in person. I really don't blame her for the lack of responsiveness, to your point Mr. Feingold, it is her staff. But I told her on my last visit that it makes me feel like no one believes me. My MS affects the entire right side of my body: leg, arm, and brain. Stress is very taxing and I am not even driving any longer because my mind cannot process fast enough to keep up. That was my choice, not the Drs. Thank you once more for your on point advice, it really does help...EC

              Comment

                #8
                The credibility analysis

                Hi, EC in RVA. What you express is very common to disability claimants - that no one believes their story. SSA uses rules to determine whether or not to find a claimant's allegations "credible." See for example, Social Security Ruling 96-7p. http://www.socialsecurity.gov/OP_Hom...-07-di-01.html.

                This is an analytical process, but what you experience in your body is just that, an experience. Can an analytical process ever experience what you feel? I don't think so. Still, there has to be some way for SSA adjudicators to determine how much weight to give to the claimant's complaints. This is part of the challenge in evaluating these claims.

                Obviously, it is not a perfect system. With so much at stake, though, it is understandable that one may not always be understood or believed and that is a difficult thing to bear.

                I advise claimants to be sure to report all of their symptoms and be compliant in their treatment and hopefully their doctors will be supportive of their claims given the objective and subjective evidence.

                Rich
                Attorney Richard Feingold concentrates his law practice in helping disabled individuals obtain the monthly Social Security disability benefits and health insurance that they need to survive. Although based in Chicago, Illinois, Rich helps disability claimants nationwide. He has been answering posts in this forum since June 11, 2003. Twitter handle: @RichFeingold.

                Comment

                  #9
                  Rich...

                  Thanks for all you do here. You're King Rex. Translation, king of kings.

                  Comment

                    #10
                    Thanks, MSW1963. I do appreciate your kind words. I'm going to try to me more on top of everyone's posts here as best as I can.

                    I know that there are a lot of questions out there and that people face a lot of challenges.

                    Rich
                    Attorney Richard Feingold concentrates his law practice in helping disabled individuals obtain the monthly Social Security disability benefits and health insurance that they need to survive. Although based in Chicago, Illinois, Rich helps disability claimants nationwide. He has been answering posts in this forum since June 11, 2003. Twitter handle: @RichFeingold.

                    Comment

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