TKR So much harder than I expected

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I have a question for those of you that received short term disability pay while you were out of work. I am a nurse and my OS told me he wants his patients to take off 12 weeks after a TKR which for me means I am expected to go back to work on July 13 . I filed all the necessary FMLA paperwork and short term disability paperwork on time. They were both approved, however approx. 2 weeks ago, I called the disability case manager again to make sure nothing else was needed, (to check in) because he eluded earlier that they periodically need to obtain ongoing documentation from the MD, even though my OS had already filled out the disability paperwork, ( that I was charged for by the way for them to complete), declaring that my return to work date should be July 13.

The disability case manager told me when I called him 2 weeks ago, that additional info was needed to document my continued disability and I mentioned that I am still going to PT. He told me he would contact the MD office to obtain copies of the PT notes and that nothing else was needed from me. I called again last Friday to make sure he received everything and the disability case manager told me that he had not received the notes back from the PT that they requested and it appears that they don't have a consent from me to authorize that. (It didn't make sense, because I had already sent that in before and I told him that.) His reply was that he would send in a request for notes again that day. I advised him to make sure it was sent attention to the OS 's medical assistant (MA) and gave him the fax number. I then called the OS office to inform the MA of all of this and to request she call me when she receives the paperwork, to alleviate my mind. She did as requested and said she would send everything back to them on Monday. I also advised her to please make sure she also included that the OS wanted me out of work until July 13.

Today, I got a check in the mail which was more than $200 less than it should have been and the statement mentioned that I was only paid benefits up to June 15. (As it is short term disability pay is only 60% of my salary and I have been the one paying the premiums through my job for 22 years!! I called the case manager back today to inquire about this and was informed they stopped paying me my benefits on June 15 because they did not have the documentation proving that I am still disabled. He verified however he received the notes from the PT this week and they said I had good ROM.. He told me he will submit the documentation to the insurance's medical review for them to make a decision about continuing to pay me!!!!! He said he would call me tomorrow. I will be so upset if the disablity insurance medical review makes a negative decision about me receiving my disability based only on my ROM. I still have intermittent pain, limited stamina, walk with a cane, etc. AND, since when is it based on PT notes that makes a determination if someone is disabled? For all I know, the PT notes don't mention that I walk with a cane still, have intermittent pain, etc, etc.

Has anyone else gone through this? If they should tell me that their medical review thinks I can return to work based on the PT notes, what do I do? I am going to give him an earful if that happens and dispute it, but thought I'd ask all of you first to make sure I say the right things. I think it's terrible that they could possibly go against what my OS said! I want to make sure I am prepared regardless of the outcome and need your advice if you have been through this.
 
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sorry I can't help - I'm an unpaid voluntary worker in the UK so don't have to go through all this, but I'm sorry you're having all this hassle - it's the last thing you need. Hope it gets sorted out soon
Joyce
 
That's why I hate that kind of insurance. You pay all that money and have to fight to get it when you really need it. I never purchased the short term insurance but self insured. Just think if you had put all the money you've paid into it in a savings account. I'm not sure what criteria they use to determine disability, but I would think you've met it. Maybe you could call the HR dept at your employer and tell them you're having problems with this company. They might be able to intervene.
 
@Gigi32, I know, it's ridiculous. I have worked as a RN, BSN nurse since I was 21 years old and NEVER took off except for the birth of my son and about a week after my meniscus surgery 15 years ago. I never applied for disability and to think I have to worry about this is ridiculous!!!!!! I will give him an earful if I have a problem and will contact my HR dept if needed. (They just changed carriers right before my surgery. The last thing someone should have to worry about is getting benefits that they are entitled to because an insurance carrier does not want to pay!

@puppywalker , thank you for your response and caring. :)
 
It sounds like a communication problem and I hope it all gets straightened out for you.
 
I just got off the phone with the disability adjuster. Thank God, my benefits were extended until at least July 13. I see the OS for a FU apt on July 6 and will see what he says about whether I will even be ready to work a 9 hour work day (no lunch break most days) with a 1 1/2 -2 hour daily commute by the 13. I have my doubts with the symptoms I am still having. Feeling so relieved.....:)
 
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Glad to hear you got that resolved!

Your post earlier had me thinking I haven't been in touch with my FMLA contact in a while so I emailedher. I'm due to go back to work July 20...and feel the same way!
 
After applying twice I got an attorney. I go to court sonewhere between August and Dec. attorney thinks I I have a great chance. Over 55, prescribed a cane , TNR, and Kaiser doc signed paper which they never do! I got lucky! I have a great repor with my surgeon!
 
@tigz, I did not have any problem with the FMLA, it was the short term disability carrier that my company contracted with. Apparently though, it seems that even though the OS had signed papers and filled out several pages of paperwork saying that I had to be out of work for 12 weeks initially, the disability carrier requires ongoing proof that it is still needed. So, after about 8 weeks, they wanted the OS to recertify again that I still needed to be out the extra 4 weeks that he already had said I did. You might want to check with your short term disability carrier. My FMLA only guaranteed that I still had a job and that my time off of work was OK. They did nothing about applying for the disability pay.
 
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@naynay30 yrs. , Are you saying that your short term disability pay was denied twice?? If so that is absurd!!! I pay for my short term disability benefits through payroll deductions and had to pay additional pay all these years to get the maximum benefit of 60% of my salary while I am disabled. I also had a 30 day waiting period before the policy even kicked in. The first month, I had to use vacation pay that I had saved up in preparation for the surgery. The policy only pays up to about 22 weeks or so since it's a short term disability policy. In the event someone should become disabled after that length of time, they are expected to apply for long term disability through social security.

I wanted to clarify with you that what you were denied was short term disability not long term disability through SSI, social security. I can't imagine with a total knee replacement that your claim could initially be denied for short term disability. If that is the case, I can't imagine you would not win the case!!!!!!
 
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I too am on short-term disability. I pay 100% of the premiums. I had a 5-day waiting period. I can't imagine 30-day wait. After all, it's *short* term disability. That said, my coverage (60% of gross pay) is for only 90 days. So far, I have had no problem with anything, except with the boneheads in my payroll department. My insurer is The Standard. My doc notified them that I would be out 6-12 weeks; that ambiguity prompted a letter from the Standard, explicitly stating that my benefits would end exactly 6 weeks after they began, unless I submitted a new pile of hooey. So of course I plan to do that. We'll see if it works out. They've been prompt with payments and clear in their communication so far. midwestTKR-make sure you get your retro pay for the period you were shorted. Who's your carrier?
 
I'm pretty much using short term disability FMLA interchangeably (I think). I have paperwork that says to stay in contact with them, but I hadn't done so. They likewise hadn't bothered me for an update. This is the first time I've needed longer than six weeks, and that dates back to my kids in the 90's!

sent from my Galaxy 4
 
@MissNoodle , I too paid 100% of the premiums to have the short term disability and they gave us 2 options- 1 was a 14 day waiting period, the other a 30 day waiting period. For approx. 10 years at least, I paid quite a bit more per month to have the 14 waiting period, then I realized, it didn't seem worthwhile to continue to pay the higher premiums year after ye and it seemed smarter for me to go with the 30 day waiting period. As a result, I saved up a great deal of vacation so in the event I ever needed to use it, it would be there for me.

Once I passed the 30 day waiting period after my TKR, my benefits were paid promptly, every week, but that has amounted to only about 4 weeks so far, since the first 4 weeks was my vacation pay. Now that they have the more recent records they required and got the approval from their medical review team, he said they would issue me another check within 5 days for the difference of what the last check should have been and then begin weekly checks again. IF, the Dr. should feel at my FU visit on July 6 that I needed to be off even longer, I would need additional proof all over again and it would have to be reviewed and approved by them again.
 
@tigz, so then you have been getting your weekly checks from the short term disability carrier? Hopefully you won't have a problem like I did. However, it might be helpful to check in with them to make sure nothing else will be needed going forward.
 
FMLA is not leave, per se. It's just 12 weeks of protection against losing your position, or being demoted, assigned to Siberia, etc. All it really means is that your employer must hold your job open for you for a 12 week period inside a rolling 12-month period; the 12 weeks can be taken either in a big chunk or intermittently. (The way the clock runs on FMLA is deeply, deeply weird.) FMLA is federal, and it can be superseded by state law, if the protections in your state are more generous. In Oregon, this is the case. But the whole issue is immaterial to any disability benefits. If your vacation leave factors into your pension payout, (assuming you have a pension), of course you want to avoid using it. Don't know how much vacation you can carry. I work for the state of Oregon, and as a manager, I can carry 350 hours of vacation at any given time. Union staff can't carry that much. It matters only if you're close to retirement, i guess. But to me, having to cough up 160 vacation hours for this would water me off!
 
@MissNoodle , Hi Sorry if I was confusing in my posts. Yes, I did know that FMLA is only protection against losing my position and that disability is separate. I am a nurse in a salaried position and can have as much as 340 hours of PTO built up. Our vacation pay, holiday pay and sick time is all labeled PTO time. (For example, we have to use 8 hours of PTO time for even a holiday or a sick day.)

Do you happen to know what happens if my OS should feel I need a few more weeks off? Can they tell me, sorry but we don't have to hold your position any more and we will need to post your job?

We have retirement plan, like a 401 K, but it's not a pension fund. It's not a set amount of money given every month, so I don't think that vacation time is factored into the pension fund.

I divorced my husband after 22 years of marriage, because he couldn't hold a job- he had 26 jobs in 22 years of marriage with long gaps of unemployment in between and he wound up with almost my entire retirement, because I did not want to sell my home and could not afford to buy him out. (That was 7 years ago and I am trying to build up my retirement account again.)
 
@tigz, so then you have been getting your weekly checks from the short term disability carrier? Hopefully you won't have a problem like I did. However, it might be helpful to check in with them to make sure nothing else will be needed going forward.

The check is from my employer, the 66% disability, the rest is PTO. When I emailed, she didn't indicate she needed anything else but the return to work form filled out by the OS and faxed to them.

sent from my Galaxy 4
 
Well, I am not a lawyer and it can get pretty esoteric--remember when I said FMLA protection is on a rolling basis? You may think your 12 weeks is all used up, but the clock for eligibility never stops. Essentially, you are accruing "new" FMLA time even as you are using your current allotment. As to the question about your employer filling your position the instant your FMLA is used up--many variables. If you have exhausted all your leave, some employers allow other employees to donate vacation leave or comp time to you.

The concept of abandoning one's job is another principle that comes into play, as does your bargaining unit's designation of "essential services." In my world, firing someone for abandoning their job takes forever and it is usually reserved for those who stop showing up for other reasons, not health-related. Ditto on the "essential services" thing. I am not essential to our operation, and I have never worked in an environment where those provisions exist. I've been working for 34 years, and the bottom line is truly this--if your employer wants to dump you, they will find a way. The reverse is also true. Employment law is complicated. If you are truly worried about this, call your union rep, or check with a lawyer, or your state's labor department. in Oregon, it is called BOLI--Bureau of Labor and Industry. This is exactly what you want to be doing at 3 am when your leg hurts, right?
 
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