How Do I Leave Work on Disability?
Many
people feel that there must be a certain procedure or ritual to follow when
leaving work on disability, but that’s not really the case. There are many
different ways to do it. It will vary based on the type of work you do and
the type of company it is as well as your own personal feelings about work
and your co-workers.
The
important thing is to stay in control of the process and leave according
to your schedule, not luck or circumstances.
Below
is the general order in which I proceed with my clients. Your particular
case may require some alteration to this list, but generally proceeding
in this order will make the transition smoother with fewer problems or mistakes.
- Prepare
– Review your benefits package and know what is available to you, what
it will take to obtain it, and how much income you will have after you
leave. You will probably want to get an estimate from Social Security
of your accumulated disability benefit if you have the month it takes
to obtain.
- Know
your rights – Learn about the various laws that provide you some
protection. From COBRA which allows you to stay on the employer health
plan to FMLA which can continue your benefits and protect your job for
the first twelve weeks to Medicare which starts usually after you’ve
been off work for 29 months or HIPAA which guarantees individual coverage
after COBRA ends.
- Get
the support of your doctors – It’s your medical record that will
support your claim for disability. If your doctor says you are able
to work and aren’t disabled, that’s the end of the claim, unless you
find another doctor.
At
your next visit, ask something like, “Doc, do you believe with my medical
record and your statements that I’ll have any problem getting on disability.”
(Your doctor may or may not know for sure, but a commitment of support
from her now may come in handy if she later needs to write a five page
letter explaining your medical problem in medical terms.)
- Examine
your medical records – After your next doctor visit, ask to sit
at a desk and review your record. Look for how complete it is and how
easy it is to read. Does your doctor list all your symptoms at every
visit? Does she give some description of the severity and frequency
of symptoms.
- Tell
your employer – This step causes a lot of confusion and stress.
Who to tell? How much to tell? When to tell?
I
recommend that you go to the highest level person in Human Resources or
general management if your employer isn’t big enough for an HR department.
The reason is that the individual should have a working knowledge of your
rights in such situations and most immediate supervisors don’t. Also,
you’re talking about your medical condition and many people don’t want
all the details discussed openly by their co-workers. If you start with
a high ranking employee, they don’t have to give as much information to
staff below them.
- Doctor’s
note or no doctor’s note – You should see your doctor close to the
time you leave work.
Get
a note that says something simple like: “Jane Marple needs to take some
time off due to her medical condition. Her last day will be this Thursday,
and she will be of at least 60 to 90 days.”
Present
that to your employer and ask, “What other documentation do you need?”
With
my clients, we review exactly which course of action is best and who is
the right person at work to talk to.
- Be
vague about when you’ll return – The employer will always want to
know when you’re returning. The honest answer is,
“I don’t know,” even if you don’t intend to return at all. This
will protect your rights under the Family and Medical Leave Act. And
who knows, a month or two off and you may be anxious to get back to
work.
- Confirm
it in writing – Confirm your discussion with your employer with
a follow-up note that confirms all that you said and what they promised.
- Apply
for short term disability first – These programs usually start paying
the quickest whether it’s a short term disability plan from your employer
or whether you live in one of the five states (California, Hawaii, New
Jersey, New York, and Rhode Island) that mandates a short term disability
program for workers. This is usually a fairly easy and straight-forward
claims process.
- Don’t
miss your opportunity to continue health, dental and vision coverage
under COBRA – Work with your employer to make sure you don’t miss
this very important right.
- Apply
for Long Term Disability – Your employer will provide the claim
form that you and your doctor will complete.
- See
if the group life insurance has a disability waiver of premium provision
– This benefit usually allows you, after completing the paperwork,
to keep your life insurance without paying premiums for as long as you’re
disabled.
- Determine
what you should do with your retirement funds – Whether in a 401(k),
an IRA, a 403(b), profit-sharing or other tax-sheltered retirement account,
know what your withdrawal rights are and decide whether to maintain
the funds where they are, move them but keep them tax-sheltered or take
them out to meet current expenses.
- Apply
for Social Security Disability Insurance (SSDI) – This can take
more time both to complete the forms and to get approved so it’s usually
best to wait until last to make this application.
- NOTIFY
YOUR EMPLOYER OF SOCIAL SECURITY APPROVAL – An often-overlooked
but very important final step. By getting a copy of your Social Security
approval letter to your employer within sixty days of receiving it and
by meeting the other requirements, you will be able to extend your COBRA
Continuation coverage until you become eligible for Medicare.
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