PKR Need HELP with Long Term & Short Term Disabiity Pay

[Bionic woman2]

**** UPDATE*** I just change my thread title because I need info on the legalities of Short term and long-term disability. Below is a little background as to why I now need long-term disability. You can jump down to the post on January 18th to get right into that. Thanks***

Hey all, I went back to work the beginning of December and I have experienced the WORST PAIN of my recovery so far. I must admit that I went back already in setback mode since my last P/T had me do 100 lbs on the leg pres machine. When I complained about it, he refused to believe it could be a problem, but decreased them to 80 lbs...Woo Hoo. That was my last visit. Anyway, I say that to say that I wasn't 100% going in, but two weeks later I was like at -100% and an emotional mess!

The first week was rough as expected, I left everyday in pain and exhausted. I iced and elevated for the rest of each evening and by Friday I was even able to go out for a few hours after work. The second week is when I really began to feel the effect of the concrete floors. since I had to begin my lunch duty. This an intense period of 35 minutes where you stand/walk around monitoring classes eating their lunch. My job recently added new procedures in the cafeteria which require more walking, so a chair was not an option. I did use my cane. Needles to say by midweek I was feeling the wrath! I mentioned it to my supervisor who told me, "that was a big part of my job." I thought to myself... it's 35 minutes. My job is educating children and as a Paraprofessional, it's usually the ones who need the most help. THAT'S another topic all together. I came back giving 100+ % and even though I wasn't working with a full deck... I played hurt! Anyway from that response I new I needed a work restriction. I had previously told my OS that I would probably need one, his response was, "You won't know until you try." Well, I tried and I NEED ONE or TWO restrictions at this point.

Well my OS wrote the work restriction which simply said, "Avoid prolonged walking or standing." I was immediately asked to leave the building until it's approved (while I was standing. lol You gotta laugh.) 2 hours later it was denied; without so much as a conversation as to how the accommodation could be met. I had 3 people who were willing to help me. I would have done ANYTHING ELSE besides inflict pain on my already aching knees. Now 3 weeks after going back to work, I'm on leave without pay till my STD kicks back, I can not return until the restrictions are lifted and my knees were so stiff when I went to see the PA on Monday, that I lost 10 degrees on my 3 month old knee and 15 degrees on the older one. Needless to say I'm devastated, in fact that's an understatement, but I don't want to go into that on this thread, this why I created a separate one. I just wanted to give some background knowledge on my dilemma.

Feel free to comfort/chat me up on my regular thread on the link in my signature. I need that right now, and HOW!

I just need some answers:

Can concrete floors damage your knees in the first place? In addition to walking all over the school building, I taught dance to the students after school for years when my knees worked. I had to stop last year. I'm thinking the barefooted African dance my have helped with the deterioration of my 50 yr old knees. It wasn't until my last day at work (before I was asked to leave the building like I stole something ) that I noticed how hard the floors were. We were doing a school-wide fun activity where you wear holiday slippers to work that day. My coworker mention how the floors were not conducive to wearing slippers. Well, I put mine Dearfoam cushioned slippers on and went to the hall to get something. I felt like I was on stilts wearing brick knee braces That's when I put 2 + 2 together.

Next question is, Can concrete floors setback your KRS recovery time? I know for sure the 2 weeks back have taken me to a place physically that I have never been in my 6 months of recovery. My OS' PA sent me back to p/t since she says I lost muscle tone, where I didn't have much to begin with and I had on jeans when she examined me, but I was in so much pain and down in my spirit that I didn't even try to get my 212 degrees of ROM per knee. Since I have to pay every time I SEE a p/t, AND I'm on leave w/o pay, returning to STD pay and our new company HRA Affordable I DON'T Care health plan kicks in 2014... I won't be able to go for long. I had been doing fine until I went back to work with at home exercises, even the weight incident didn't cause this much pain. Before I had surgery I had no idea the floors would play a role in my recovery, nor that it would take so long to recover. If anyone has any articles on Concrete floors and knees, send them my way! I do not want to get my knees back on track, return to work without restrictions on those floors and undo my progress AGAIN!

Also, If you have any legal advise I'd be happy to hear it. If it is detailed, or requires a personal response please personal message me, as I do not want to discuss the details of a possible lawsuit on the WORLD WIDE WEB.

Thanks for listening.

 

[malyn60]

I think this is one of the hardest surgeries to go back to work from. When your job has you on your feet and walking a lot I can see that as very stressful to the knee. I'm 11 weeks and a trip to the grocery store makes my knee swell and get stiff and sore. I like the phased back to work plan but not all employers want to work with that plan. I know mine is all or nothing and I work 3 12 hour shifts in a row. Hang in there and hope for brighter days ahead.7

 

[tashia]

I am so sorry to hear this. I know that going back to work is very hard and to have to do on concert floor OW. I wish you the best. I don't know the answer you are seeking. Please keep thinking everything in time will be ok. Please keep us informed on how you are doing and any new news. Knees are so hard to come back so please take a easy. Take care and know we care so much. Tashia

 

[Knee pain]

Hello my dearest Friend, I have been missing in action, heaps has happened in my life. far to much to get into, and not a lot I want to rehash, HAVE GAINED HEAPS OF WEIGHT 10KG...ERRRRRR. Now back at weight watchers. Extra weight hates my knee. Had a very sick man for mths....Hes on top of every thing, hates me talking of his illness, so I wont, but his recovery has come to an easy pace now. Hes looking after him self. Had a great christmas, looking forward to 2014, our year. Hope I can stay on line,,, heaps of reading to
catch up on.

 

[new knee in June]

Hello M.T.M,
I am sorry you are still hurtingI posed this Question to my husband last night. He works
On cement floors in a school 6 days a week. His answer was "Hell, Yes" he has a replaced hip. I think
That you went back to early & even a cloud filled, carpet would of bothered your knees. Remember,
You had 2 knees replaced, not a good knee to compensate. I hope you don't mind me being so direct.
I also can't imagine doing 100 lbs squat machine. Even when I was going to the gym, I only did 30lbs.
As far as work...I find breaking tasks up into smaller parts, I get more done. Do you have any paper
Work from your job detailing why you were asked to leave. Any detailing refusal to work with you.
Keep them all together...May I ask if you are in a Union ?
I hope things turn around for you
You are in my
Diana

 

[Josephine]

my last P/T had me do 100 lbs on the leg pres machine. When I complained about it, he refused to believe it could be a problem, but decreased them to 80 lbs

That was big of him! Especially from the very person you would have expected sympathy and understanding!

Can concrete floors damage your knees in the first place? Can concrete floors setback your KRS recovery time?

To quote Diana's husband "hell yes"!! The issue is that every step has additional shock on it and that will impact on your knee greatly. What shoes are you wearing? Perhaps you'd be better off using something with really soft, impact absorbing soles. I'm no expert in that field but there has been quite a lot of discussion in here about good shoes to wear. I did a search for "shoes" in the search feature at the top of this page and got up quite a number of threads. This one for starters Shoes!

 

[maryo52]

Personally, I believe a hard floor is a hard floor. Standing, itself, can be very hard on our new TKRs.

 

[new knee in June]

Are you alright ?
Thinking of you,
Diana

 

[saltyal]

I think just walking around and standing upright for extended periods is torture enough for a new knee! It makes a huge difference in my own comfort level when I wear the right shoes ... A week or so ago ago I went down to the local beach with my dog, so I wore rubber work boots as there are muddy bits between the rocky patches... well it was fabulous to get out there for a couple of hours, good exercise for both of us and for a few minutes I totally forgot I'd had a TKR! ...... the only downside was when I got home both feet and both knees were complaining big time, especially the new one, and I attributed the extra pains to my cheap footwear. We went down there for a while again today, but I this time I wore hybrid hiking/walking boots with with good arch supports and nice soft soles..... what a difference! I was still pretty tired but no real bother from my knee ...... Of course there's no replacement for resting with your feet up, but being kind to them with good shoes might work wonders for you and your knees too.

 

[Bionic woman2]

Thanks everyone for the support and suggestions. As far as footwear goes... What do you guys think about these? I think the straps offer ankle support and the platform provides cushion. Lol Seriously, I understand the concern for proper footwear, I just brought a pair of New Balance sneaker last night that instantly cradled my foot and supported my knees. I wore the out of the store. They were 50% off! but I would've paid PLUS 50% due to the way they made me feel. Gone are the days of "Payless Footwear" for me and don't be fooled by D'Diana's shoe pic, Stilettos are out of the question. I learned my lesson years ago when my knees began their decline. I pay good money for shoes that offer support, or catch them on sale. Even my sandals are Merrell's, Teva or brands that offer similar support. I do have a couple of pairs of comfort style flats that I put Dr. scholl's inserts in for added support.

Bottom line, my knees did not hurt anywhere NEAR the way hurt when I returned to work and I wore the same footwear standing in my kitchen for longer than 35 minutes at times and walking in my daily life. The slippers that we wore for a moment as a gag at work turned out to be a nightmare,where as at home, they are a comfort. I was doing fine (minus the now MINOR weights setback compared to this!) I tell you the truth when I walked in that hallway on slipper day and was able to feel firsthand the concrete floor in all it's fury... I KNEW that my knees did not need to be standing/walking on it until they were healed. I also realized that it probably played a major part in their demise.

@new knee in June , your hubby's response was on the money. A couple of friend's of mine who work on cement floors complain about it AND THEY HAVEN'T EVEN HAD KNEE/HIP REPLACEMENTS. D'Diana to answer your questions... NO, they did not provide a written reason for the work restriction denial, not even a verbal one. There is not ONE single piece of paper from them on this subject. Oops! Maybe they're friends of The Lorax, and they're saving the trees. They haven't even answered my emails. For all I know, they could say I just decided to go home. But NO, I did not refuse to work. I actually came back to work FULL SPEED AHEAD, and I'm had just finished the excruciating lunch duty when I was thrown out of building in pain. YES, I know now I came back too soon. But finances, HR drama and my love for he kids weighed heavy in my decision. Lol at your cloud floor comment. Thanks, I needed that. Oh, and YES to the link you sent me previously. Just trying to combine wisdom and timing going forward.

Hi @Knee pain Leoniiiiiiiii Welcome back!

 

[daughter stalker]

Take care of yourself @Bionic woman2!

 

[kar1963]

My friend i am so bummed this is happening to you... please take it easy. I am amazed they did not give you a reason of some sort. I would say with all their blunders you hr dept would be more diligent but seems they have got even worse. I think i would at least have a chat with an attorney, just to make sure your ducks are in a row in case they try something to change your job or pay. I wish you luck

 

[Bionic woman2]

Thanks everyone. I have some questions about Long Term Disability. My short term disability runs out on the 23rd of this month, and my company is fighting me tooth and nail. In fact they never even mentioned it, they just said that I will be on leave w/o pay. Oh, and they cut my new short term disability pay in half as well.

I finally got a hold of an attorney and she said, they should put me back on leave under a "recurring disability" without changing my rate, and Long Term should start right after short term ends. They tried to tell me that I had to be out a whole year before I can qualify for long-term disability.

Does anyone have experience dealing with long term ability after knee placement? Does my Short Term leave have to be consecutive (since I returned to work for 2 weeks, my HR rep says that may be a problem.)

I went ahead and started the process to apply for SSI, I doubt I'll get but that's apparently something my employer requires that I do before I apply for their long term. Even though they've opted out of Social Security.
I had to beg to get the information on it. it's insane they send me back on leave because they refused to honor my work restriction, but then they don't want to pay me. I had to send them an email with a copy of their own policy in order to get them to listen. I plan on filing my complaint with the EEOC now. I was waiting for them to do the right thing, but they're apparently not familiar with Spike Lee.

Any info on Long Term Disability, and or Recurring a Disability pay would be greatly appreciated. Oh, and if you know of a good employment attorney in the GA area, do share.

@Jamie Can you please change the title of this thread to, "Anyone experience problems with "Recurring" Short Term Disability pay, and/or getting Long Term Disability during recovery." You can condense the title as long as it cries for help.

Thanks

 

[DogLoverx3]

I'm so sorry you're going through this. I'm confused by your school's fighting your STD & LTD payments. Don't they contract with a disability insurance company? That's why employers have disability insurance. Your LTD benefits should back right up to your STD. You need to find out the information for the disability company and deal directly with them and not your school. They should have 800 numbers and be very willing to explain the process and policy that your school holds.

I hope you get things all sorted out. ((Hugs))

 

[Jamie]

I've changed the thread title. Check to see if it's okay with you.

I believe disabiity payments like this vary from state to state. Let me tag someone who may be able to give you some helpful information as I've not dealt with it that much..... @Knitter4444.

 

[chaseyboy]

Hi Jamie...nice to meet you..Just all over the place on this web site. I like it. Makes me feel at ease knowing what I am facing...Hip replacement...Just saying hi...just a bundle of nerves....Feels better when I read everyone's threads. Surgery March 10th Right Hip....replacement.....just needy...for hugs

 

[Jamie]

Well, I can send you some virtual ((((HUGS)))))......and I do understand the nerves......but.......you need to be sure you are keeping on the thread title subject when you post in someone else's thread. It's perfectly fine to jump all over the place in YOUR thread, though!!!

 

[Bionic woman2]

Thanks, they sent out the packet to me yesterday, so I haven't gotten it yet. It's my understanding that it's their policy, since we do not pay int SSI.I know for a fact that I've been paying into it for 7+ years. I got extremely "plain" with them yesterday in my emails that included their policy on both topics. I think I big part of it is incompetences on my HR reps part. She's made numerous mistakes, like trying to convince me that I was on leave because I had a baby. It's almost comical, yet she has a job and is probably making much more than I make on full salary. So that takes the humor right out of the situation.

 

[Jamie]

I may be wrong, but I don't think a person is ever ineligible to apply for SSI. It's a Federal program and, if you apply and are approved, you get it. I don't believe your employer has any say in the process.

So you had a baby, huh....man, is THAT ever incompetence!!! I see your problem and you're wise to stay on top of those weenies. We must be our own advocates and I know you will take care of yourself. Just don't get discouraged and keep after it. We'll help in whatever way we can!!

 

[bayfoxnw]

I am so sorry you are going through all this. I was very lucky that I worked for a great company that has excellent short term 6 months and they paid my health ins for 4 months and then long term ins kicked in as smooth as cream cheese. Like I said before I would be on the welfare if not for the long term ins. My company paid for Prudential and they have been so kind and have done everything to make my life easier. It is a very good company at least for me. Now I know my long term insurance has a phase in policy where they pay me even when working, part time for what what I do not make when I return to work. so if I work only 2 hours a week they only take out that much from my disability pay. For the first 6 months back at work if my doctor finds I can not work I resume my full long term disability pay until age 66 or until I get back to work. I got 50% base pay with short term as the company paid for it and I get 60% base pay tax free because I paid for it. Read my story. My only help would be to contact the insurance company and talk to the person handling your case. My case manager talks to me every month and takes down what doctors I am going to and sees how I am progressing. I would talk to a lawyer who deals with these issues if i did not get results. This is your lively hood we are taking about. Why oh why do we pay for insurance if we are not going to use it when we need it?I have to say I was very blessed with my company and their wise choice to pick who they did for long term insurance. I also even after a year and four months have my job back when I am able. I cannot wait for that to happen as I loved my job and working. Another thing is cement floors. I was 36 years old and went to work with a company that had cement floors. I was young and in good shape and weight and my legs killed me for a month until I found the correct shoes to wear. Before surgery i could not stand to walk in the stores because of the cement floors. Killed my back and hips. I cannot believe there was not a sit down and a talk to figure out how to use you with your restrictions. I am so sorry this is happening to you. get your policy from your HR or the insurance company and see what it says. Please keep us updated.