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Medical Forum / Diseases and Disorders / Arthritis / July 2005

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Question on Disability Act

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Carole - 30 Jul 2005 01:22 GMT
I know very little about law and don't understand its jargon, I admit
it.  My company is terminating my employment next month  since they will
not approve any more medical leave. Once they terminate me, I lose all
my medical benefits, etc.  A neighbor told me this is not legal because
of the disability act.  Since it's a large company, I would assume they
know the law.  So does anyone know if a company can terminate you if you
get sick and can no longer work?  They said I could continue my medical
coverage through COBRA but that's going to cost me $400 a month and on
SSDI, that certainly won't be happening.

Carole
Smokie Darling (Annie) - 30 Jul 2005 02:10 GMT
> I know very little about law and don't understand its jargon, I admit
> it.  My company is terminating my employment next month  since they will
[quoted text clipped - 7 lines]
>
> Carole

I can only tell you how it was interpreted here in Western Colorado.
An Employer must accommodate a disabled employee UNLESS they can show
that it would be a financial burden/hardship to change things to suit
the employee.

Hey, the county gov't here "proved" it in my case (enough so that no
lawyer would take my case).  I was terminated after the 12 weeks
allowed by FMLA, when I hadn't healed enough to return to work after
knee surgery (to remove a staph infection).  Yeah, right, a two story
building, with no elevator, and no way for a disabled person to get to
their office on the second floor, short of the stairs.  BUT, they had a
handicapped stall in the bathroom, large enough for a wheelchair even
with no way to get the wheelchair up to the second floor.

In my case, it was a blessing in disguise, though it took nearly two
years to figure that out.

Smokie Darling (Annie)< <who's been on SSDI for two years now.
Carole - 30 Jul 2005 08:00 GMT
Thanks, Annie. I figured that this wasn't worth persuing. The kicker for
me is that if I hadn't worked at my company, I'd still have my health. I
contracted a virus at my company which left me with permanent heart
damage. I'll be starting SSDI in September. The only worry I have is the
health insurance as cardiological tests, etc. cost a lot of money....not
to mention what my prescriptions are going to cost with no medical
coverage.  I'm wondering about those programs that they advertise on TV
for people without coverage so that they can get their prescriptions.

Carole

> I can only tell you how it was interpreted here in Western Colorado.
> An Employer must accommodate a disabled employee UNLESS they can show
[quoted text clipped - 14 lines]
>
> Smokie Darling (Annie)< <who's been on SSDI for two years now.
Jo Firey - 30 Jul 2005 08:36 GMT
> Thanks, Annie. I figured that this wasn't worth persuing. The kicker for
> me is that if I hadn't worked at my company, I'd still have my health. I
[quoted text clipped - 6 lines]
>
> Carole

What would it take to prove this was an illness you contracted at work.  Is
there a possibility of a workers comp claim for being injured on the job?

Jo
Carole - 30 Jul 2005 10:07 GMT
> What would it take to prove this was an illness you contracted at work.  Is
> there a possibility of a workers comp claim for being injured on the job?
>
> Jo

I asked about that Jo and was told that workers comp is for being
injured on the job, not contracting a virus. So it wouldn't be covered.
If companies didn't have these stupid point systems for attendance, the
guy who gave me the virus could have stayed home, and all I'd have to
worry about is my arthritic hand and knee. Now those are the least of my
worries.  I kept telling the guy who gave me the virus to go home, but
he kept saying "I can't, I'll get a point if I do". So he stayed at work
and got the rest of us sick.  My other co-workers just got the virus and
had bronchial problems for a week or two. In my case, the virus attacked
my heart.

Carole
Smokie Darling (Annie) - 30 Jul 2005 15:53 GMT
> Thanks, Annie. I figured that this wasn't worth persuing. The kicker for
> me is that if I hadn't worked at my company, I'd still have my health. I
[quoted text clipped - 6 lines]
>
> Carole

You spell you name just like my mom did.  It's kinda nice seeing it.

Anyway, I said it was how that law was interpreted here.  Most lawyers
will give you a free consultation, take them up on it.  Maybe they
can't get 'em for ADA, but who knows, maybe they can get 'em for
wrongful termination.  You never know.

Go get the free consult at least, okay?

Smokie Darling (Annie)

> > I can only tell you how it was interpreted here in Western Colorado.
> > An Employer must accommodate a disabled employee UNLESS they can show
[quoted text clipped - 14 lines]
> >
> > Smokie Darling (Annie)< <who's been on SSDI for two years now.
Carole - 30 Jul 2005 18:53 GMT
>>Carole
>
> You spell your name just like my mom did.  It's kinda nice seeing it.

My Mom always said it made me special :-))))

> Anyway, I said it was how that law was interpreted here.  Most lawyers
> will give you a free consultation, take them up on it.  Maybe they
> can't get 'em for ADA, but who knows, maybe they can get 'em for
> wrongful termination.  You never know.
> Go get the free consult at least, okay?

Thanks, Annie. I have a few people telling me that, so I think I will.

Have a good weekend,
Carole :)
Rosemarie Shiver - 30 Jul 2005 19:03 GMT
Rehi, Carole,

    Talk to yer doc about prescription coverage. The MD can sign the forms
to get you free meds. Many also know local means to get the Rx's covered. I
wish I woulda asked mine after the hurricanes came thru here. Instead I
avoided going in when she coulda helped me get the meds. free for the time I
needed to have 'em free. She was unhappy with me and I felt REAL
foolish.....

    So don't do as I did. Instead, talk with yer doc's office now. :-)

More Hugs from Rosie

--
"If you wanna get it done, you gotta fight for yourself." -- Meat Loaf, Bat
Outta Hell II
> Thanks, Annie. I figured that this wasn't worth persuing. The kicker for
> me is that if I hadn't worked at my company, I'd still have my health. I
[quoted text clipped - 25 lines]
> >
> > Smokie Darling (Annie)< <who's been on SSDI for two years now.
Newsgroup Spambuster - 30 Jul 2005 21:11 GMT
Hi Carole,

Definitely talk to your doctors about what is going on, often they will
help you get meds and will wave or lower significantly their charges for
their office visits until they know you are on more stable ground
financially.   Appy for medicaid, talk to all of your creditors, etc.

Now, as far as your employer goes, you may want to check with EEOC about
the ADA stuff.   When I first went off on disability, my employer
decided that they were going to terminate all those employees who were
out on disability.   We ended up getting a lawyer who had us do several
things.   I know you won't be up to these, but I am just sharing what we
did.  First he had us contact the local television news stations and had
them do a bit on what the employer was doing to all of its employees on
disability.   Whew, the employer sure did not like THAT kind of negative
publicity at all.   Then he had us group up and file a class action suit
against the employer and but told us each as individuals to call the
EEOC and file a complaint with them.   This all really got the attention
of the employer and they ended up sitting down with the lawyer and going
over each persons case of disability individually.   Most of the people
ended up retaining their employment status, thus retaining their
insurance coverage and such.   There were a few of the people who
clearly couldn't produce any proof of their disability and they
eventually were either let go or had to return to work.   In any case,
it's always a good idea to at least look into things and see what might
be available to you in fighting this mess.

At any point, don't be afraid to tell your doctors all of what is going
on and let them know that you won't have the funds to pay for meds and
may not have the funds to keep office visits and such as well.   Like I
said earlier, they are usually pretty good about working around those
things until you get into a better position financially.

Really pulling for you and sending lots of prayers and hugs your way!!!  

Donna G
Carole - 31 Jul 2005 02:07 GMT
Thanks, Donna. I'm printing out everyone's responses so that I can make
a plan of action here :)

Carole :)

> Hi Carole,
>
[quoted text clipped - 32 lines]
>
> Donna G
Carole - 31 Jul 2005 02:05 GMT
Thanks, Rosie. I will.  I'm going to get everything refilled before my
coverage ends. My doctor is good about giving me samples, and his
assistant is a sweetheart. I can pay for the 3 less expensive ones as
they are all generics, it's the heart and blood pressure meds that will
be over $100 each per month.

Carole

> Rehi, Carole,
>
[quoted text clipped - 42 lines]
>>>
>>>Smokie Darling (Annie)< <who's been on SSDI for two years now.
Cindy - 30 Jul 2005 18:53 GMT
Carole, you know I am facing the same thing...But you might apply for
medicaid until your medicare benefits kick in...I think that is two
years...When I got mine April, I had to wait until July for my medicare to
start.
I also am thinking of speaking with an attorney and asking them to help with
my appeal of being denied LTD benefitts...
Cindy
>I know very little about law and don't understand its jargon, I admit it.
>My company is terminating my employment next month  since they will not
[quoted text clipped - 7 lines]
>
> Carole
Carole - 31 Jul 2005 02:03 GMT
Thanks, Cindy, but I'll be getting too much money to qualify for
Medicaid. When you are only one person, the maximum is so low you'd
never be able to live on it.

Go for the attorney. I'm so tired of insurance companies and their
nonsense. The one I have to deal with at my company is now trying to
prove my condition was pre-existing, They wanted my doctor's name in NYC
who I haven't seen in over 5 years!!

Carole

> Carole, you know I am facing the same thing...But you might apply for
> medicaid until your medicare benefits kick in...I think that is two
[quoted text clipped - 15 lines]
>>
>>Carole

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