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    STD and return to work date

    Hi
    I'm wondering if in progress report for STD , Neuro can say return to work date " not known for progressive MS , I'll evaluate her in 3 months" or so?

    Policy will switch to LTD at 90th days of STD
    I'm fine with that and want to go on LTD

    Just want to see if not giving certain day for return back to work is ok with insurer

    Would you please share your experience
    Thanx

    #2
    When on STD, my neuro used to put "unknown"or just left blank. In his medical notes, it would expand further, just saying symptom dependent.

    When LTD, he would actually put "unlikely due to MS progression".
    Kathy
    DX 01/06, currently on Tysabri

    Comment


      #3
      Just looked back at my STD forms:

      My doctor filled out the submitted form under Expected return to work date..."
      "Not Expected"

      ...and then my official internal work HR form they stated it as blank:
      "Return to work is anticipated on __"

      There was other info required and provided by my doctor including diagnosis.

      Comment


        #4
        Employer policy runs 90 days on STD then switches to LTD parallel with extended leave

        My stu... neuro , during STD once filled "returned to work date : never"
        This has triggered LTD early
        Now at end of STD , I'm not qualified for extended leave and since can't go back to work so policy calls it voluntary termination
        I need to resign 😡
        Can't believe it, very known MS specialist in a reputable MS research center doesn't know how to fill a STD form

        I guess NOT

        Comment


          #5
          I wouldn't resign. Make sure you have copies of your employer policies that specify this policy, that if you can't return from work at all, that you are not eligible for LTD. I would also consult a lawyer to see if what they are doing is legal. What if someone was in a severe accident in an extended coma with brain injuries? Employer would terminate the employment and LTD off the hook? Doesn't sound right to me. That is what the LTD is there for.
          Kathy
          DX 01/06, currently on Tysabri

          Comment


            #6
            Originally posted by pennstater View Post
            I wouldn't resign. Make sure you have copies of your employer policies that specify this policy, that if you can't return from work at all, that you are not eligible for LTD. I would also consult a lawyer to see if what they are doing is legal. What if someone was in a severe accident in an extended coma with brain injuries? Employer would terminate the employment and LTD off the hook? Doesn't sound right to me. That is what the LTD is there for.
            Pennstater

            employer doesn't say "if you can't return from work at all, that you are not eligible for LTD. "

            eligibility for LTD: When will You become eligible? (Eligibility Waiting Period)
            You are eligible on the later of either the Plan Effective Date or the date You enter an eligible class

            here is policy for FMLA :
            Your failure to return as expected from a scheduled leave may be considered a voluntary termination

            Company offers unpaid leave to be used if employee cant return to work at end of paid FMLA
            in my case Neurologist stating " never returns to work " caused me to disqualify for this benefit

            so my PAID FMLA will exhaust and not qualified for unpaid FMLA , considered voluntary termination

            still eligible for LTD but released from employer right after FMLA.

            I consulted a lawyer , he says still eligible for LTD but company stops some benefits right away too.

            Comment


              #7
              Originally posted by pennstater View Post
              I wouldn't resign. Make sure you have copies of your employer policies that specify this policy, that if you can't return from work at all, that you are not eligible for LTD. I would also consult a lawyer to see if what they are doing is legal. What if someone was in a severe accident in an extended coma with brain injuries? Employer would terminate the employment and LTD off the hook? Doesn't sound right to me. That is what the LTD is there for.
              pennstate

              LTD eligibility
              When will You become eligible? (Eligibility Waiting Period)
              You are eligible on the later of either the Plan Effective Date or the date You enter an eligible class

              paid FMLA

              Your failure to return as expected from a scheduled leave may be considered a voluntary termination . Prior to your return to work, you should notify your manager of your plans to return to work.

              unpaid FMLA
              Company offers unpaid FMLA to be used if illness takes longer than 90 days
              Neuro comment "never return to work" caused me to disqualify for this benefit

              now paid FMLA will be exhausted and no unpaid FMLA granted so considered a voluntary termination

              still eligible for LTD but employer releases me right after FMLA finish and seems some benefits will stop promptly.

              Comment


                #8
                Glad eligible for LTD. I know our policy stated that you had to be employee at both the disability start date (STD) as well as beginning of LTD.

                Our FMLA leave wording was similar, but the voluntary termination did not apply if on STD, since our STD was 6 months, so longer than FMLA leave.

                Glad you are eligible for LTD!
                Kathy
                DX 01/06, currently on Tysabri

                Comment


                  #9
                  Question for pb909

                  Hi pb908
                  I would like to ask you a question as you’re CA resident and I think you have been in similar status as I’m

                  Please correct me if I’m wrong
                  You got approved for STD , consequently for LTD
                  And approved for SSDI

                  STD provider was state of CA so you were paid by EDD
                  for First 3 months of STD , 80% of income
                  Then LTD kicked in so you got paid by EDD for 50% up to maximum coverage and remainder covered by LTD provider

                  Since STD can extend up to 12 months , I’m wondering from 6th month on when SSDI is effective then how do you get paid by STD, LTD and SSDI ??

                  Also my insurer claims that can’t extend my STD if treating physician do not set date for “ return to work date”
                  My Dr states “never” in return to work date , insurer says that statement doesn’t allow insurer to extend my STD and LTD full pay won’t kick off unless STD (12 months coverage by state) will be exhausted

                  Did same rule applied to you?

                  What if my Dr won’t agree to write certain date as “ expected return to work date “ which is understandable

                  Thanks
                  Brave

                  Comment


                    #10
                    Brave,
                    **Here are my replies based on my experience and I'm open to clarify and for additional questions as needed:

                    Please correct me if I’m wrong
                    You got approved for STD , consequently for LTD
                    And approved for SSDI
                    **Correct - I was on STD for 6 months then when that ended approved for LTD, and approved for SSDI while on LTD retroactive to my LTD date.

                    STD provider was state of CA so you were paid by EDD
                    for First 3 months of STD , 80% of income
                    Then LTD kicked in so you got paid by EDD for 50% up to maximum coverage and remainder covered by LTD provider
                    **In my case I was never paid directly by EDD - my employer coordinated this with the state of CA so I was not involved in this application process directly other than giving my employer all the disability info they requested along with my doctor's approvals.
                    **I continued to receive a company paycheck for 6 months just like I received while still actively working. My understanding was they were collecting the state STD award on my behalf and offsetting their pay to me.
                    **Once I was approved for LTD I no longer received STD (my company paychecks) and only the LTD benefit for my employer's insurer along with SSDI.

                    Since STD can extend up to 12 months , I’m wondering from 6th month on when SSDI is effective then how do you get paid by STD, LTD and SSDI ??
                    **I was only paid STD for the first 6 months, then only LTD and SSDI...LTD payment was adjusted by the SSDI payment so I wouldn't be paid more than the LTD policy's benefit coverage max. Not sure how the "12 month" STD period was not applicable in my case.

                    Also my insurer claims that can’t extend my STD if treating physician do not set date for “ return to work date”
                    My Dr states “never” in return to work date , insurer says that statement doesn’t allow insurer to extend my STD and LTD full pay won’t kick off unless STD (12 months coverage by state) will be exhausted

                    Did same rule applied to you?

                    What if my Dr won’t agree to write certain date as “ expected return to work date “ which is understandable
                    **Don't think so but not sure on this one...I had to submit updated disability forms via my doctor every month while on STD and it was approved by my employer and extended thru the full 6 months in my case.

                    Comment


                      #11
                      Thank you very much pb909

                      Originally posted by pb909 View Post
                      Brave,
                      **Here are my replies based on my experience and I'm open to clarify and for additional questions as needed:

                      Please correct me if I’m wrong
                      You got approved for STD , consequently for LTD
                      And approved for SSDI
                      **Correct - I was on STD for 6 months then when that ended approved for LTD, and approved for SSDI while on LTD retroactive to my LTD date.

                      STD provider was state of CA so you were paid by EDD
                      for First 3 months of STD , 80% of income
                      Then LTD kicked in so you got paid by EDD for 50% up to maximum coverage and remainder covered by LTD provider
                      **In my case I was never paid directly by EDD - my employer coordinated this with the state of CA so I was not involved in this application process directly other than giving my employer all the disability info they requested along with my doctor's approvals.
                      **I continued to receive a company paycheck for 6 months just like I received while still actively working. My understanding was they were collecting the state STD award on my behalf and offsetting their pay to me.
                      **Once I was approved for LTD I no longer received STD (my company paychecks) and only the LTD benefit for my employer's insurer along with SSDI.

                      Since STD can extend up to 12 months , I’m wondering from 6th month on when SSDI is effective then how do you get paid by STD, LTD and SSDI ??
                      **I was only paid STD for the first 6 months, then only LTD and SSDI...LTD payment was adjusted by the SSDI payment so I wouldn't be paid more than the LTD policy's benefit coverage max. Not sure how the "12 month" STD period was not applicable in my case.

                      Also my insurer claims that can’t extend my STD if treating physician do not set date for “ return to work date”
                      My Dr states “never” in return to work date , insurer says that statement doesn’t allow insurer to extend my STD and LTD full pay won’t kick off unless STD (12 months coverage by state) will be exhausted

                      Did same rule applied to you?

                      What if my Dr won’t agree to write certain date as “ expected return to work date “ which is understandable
                      **Don't think so but not sure on this one...I had to submit updated disability forms via my doctor every month while on STD and it was approved by my employer and extended thru the full 6 months in my case.
                      Thank you very much pb909
                      For your time and reply in detail
                      We have received different STD coverage from state of CA , your plan covered 6 months , mine can extend up to 12 months
                      State have paid me first 6 months and now giving hard time for extending to 12 months

                      You stated
                      “ I had to submit updated disability forms via my doctor every month while on STD and it was approved by my employer ”

                      May I ask what your Dr stated for “ expected return to work date “. in update forms during your 6 months STD ?

                      Thanks in advance.

                      Comment


                        #12
                        Here is how my doctor completed the required form from my employer:
                        - ESTIMATED RETURN TO WORK: Not Expected
                        My employer would then approve my STD for another month with a note of when I as required to submit a new form (usually in a month).

                        Also - looking back I saw where I was actually getting state STD months 7 thru 12 but like the first 6 months my employer was collecting on my behalf and then paying me - and my LTD payment that started after the 6th month was then reduced by that amount. Looks like my employer was approving STD 1 month at a time then approved the final 6 months all at once.

                        Comment


                          #13
                          Thanks a lot pb909

                          Originally posted by pb909 View Post
                          Here is how my doctor completed the required form from my employer:
                          - ESTIMATED RETURN TO WORK: Not Expected
                          My employer would then approve my STD for another month with a note of when I as required to submit a new form (usually in a month).

                          Also - looking back I saw where I was actually getting state STD months 7 thru 12 but like the first 6 months my employer was collecting on my behalf and then paying me - and my LTD payment that started after the 6th month was then reduced by that amount. Looks like my employer was approving STD 1 month at a time then approved the final 6 months all at once.
                          Thanks a lot for sharing the detail

                          That makes sense but don’t know why my STD administratorer which is the third party (not employer , neither CA state ) asking for untruth info setting a date for return back to work while Dr knows and I know , I won’t be able to go back to work

                          Thanks,

                          Comment


                            #14
                            How did this all work out for you? I am in a similar boat. I have 3 weeks left before I am out of FMLA.
                            My STD ended 4/24 but I am working on getting it extended. I was told at the end of FMLA I will most likely be forced to resign.

                            Comment

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