Question about Disability - ThinnerTimes

nomad28 · 05-20-2008, 02:00 PM

Hello everyone,

I've posted a couple of times here before, but I'm relatively new to this site. Dr. Callery is my surgeon and I finally have a surgery date! My surgery is scheduled for June 6, 2008 here in San Diego, CA.

I do have a question about going on disability after the surgery. I work in a pretty busy law firm, so I'm trying to plan ahead and gauge how long I'll be out of work, because it will affect how my firm handles some of my cases. Anyhow, I've told them that I'll probably be out a couple of weeks, but that I'm not certain. They've offered to pay for 2 weeks of sick pay, even though I only get 1 week per year, but they're willing to advance me next year's sick leave as well. It sounds tempting, because I'll get full pay for at least 2 weeks, but at the same time, if I get sick or get a complication 6 months down the road, I won't have these precious sick days to fall on.

Which leads me to my question about applying for disability. This may seem like a dumb questions, especially because I work in the legal field, but the truth is that I've never been hospitalized for anything before, and I've never been on disability, so I don't even know where to start.

Is disability usually granted for gastric bypass patients? If so, for how long? and what is the percentage of your salary that they pay?

Can anybody help me?

rappaport · 05-20-2008, 02:09 PM

Does your company have an HR department? You need to talk to them about taking Short-term disability under the FMLA act. It will be at 100% pay for at least the first three months. Don't use your sick leave, let the FMLA cover it.

nomad28 · 05-20-2008, 02:14 PM

I work in a very small firm. There's only two employees, plus my 2 bosses, which are a married couple. So, there is no HR department, but I will ask them about short-term disability.

Thanks

rappaport · 05-20-2008, 02:21 PM

Quote:

Originally Posted by nomad28

I work in a very small firm. There's only two employees, plus my 2 bosses, which are a married couple. So, there is no HR department, but I will ask them about short-term disability.

Thanks

Yeah, the FMLA (Family Medical Leave Act) was enacted under Clinton to help with issues like this. I'm not sure it's available to everyone, or just to those who work for companies who pay into it, but it's something to look at. If I'm not mistaken, I think if the company provides it, the government either pays for the first 3 months, or reimburses the company some part, or allows tax advantages for doing so. Others on here might know better the ins-and-outs.

Jeanie · 05-20-2008, 03:33 PM

FMLA in most cases is unpaid. It just protects your job up to 12 weeks (at least in CA). There are guidelines though one is at least 50 people in the work place. So it sounds as though your company doesn't have to have it. SDB pays a certain % of your gross income back to 3 qtrs. You have to eat the 1st 7 days with no pay, but after that they pay you for everyday that you are out. There work week is 7 days so you get paid even on the weekends. The good thing is it's tax free so you don't have to claim it as income on your taxes. Hope that helps a little. You can go to www.edd.gov and get more answers.

Good lcuk in your upcoming losers date.

rappaport · 05-20-2008, 03:35 PM

Quote:

Originally Posted by Jeanie

FMLA in most cases is unpaid. It just protects your job up to 12 weeks (at least in CA). There are guidelines though one is at least 50 people in the work place. So it sounds as though your company doesn't have to have it. SDB pays a certain % of your gross income back to 3 qtrs. You have to eat the 1st 7 days with no pay, but after that they pay you for everyday that you are out. There work week is 7 days so you get paid even on the weekends. The good thing is it's tax free so you don't have to claim it as income on your taxes. Hope that helps a little. You can go to www.edd.gov and get more answers.

Good lcuk in your upcoming losers date.

Thanks Jeanie! I knew someone had the goods on this business.

nomad28 · 05-20-2008, 04:38 PM

Thanks for the info guys... so, Jeanie, in my circumstance, what do you recommend that I do? just take the sick leave?

mstanka · 05-21-2008, 07:53 PM

Some of the above replies, I believe are based on the Company's policy.

In regard to FMLA, that is an unpaid "benefit" that is based on law. It is used to protect your job (not position, but job).

Short term disability is a benefit that will in most cases be offered as a benefit from the company that you work for. Different states will have different laws in regards to what can or cannot be offered, or must be offered.

Some companies require you to pay for it, others pay for it as a benefit.

As an example the company that I work for the STD is paid by the company. It is 100% of pay for the first 30 days, and then 66 2/3% for months 2-6. After that it goes to long term, that I pay for each pay period (in my case I pay about $2.00 per pay period).

I work for a large Computer manufacture. Once I go out for surgery, my doctor will fill out the forms for the STD. Once this is approved, FMLA is automaticly approved for the same time period up to 12 weeks per rolling calender year.

I guess my point is, your job should be protected for up to 12 weeks via FMLA, but pay is a different story.

I hope that this helps!
Michael.

Jeanie · 05-21-2008, 09:53 PM

Quote:

Originally Posted by nomad28

Thanks for the info guys... so, Jeanie, in my circumstance, what do you recommend that I do? just take the sick leave?

I would only take the one week sick leave and apply for the state disb. If after you get your 1st check and see if you can live off of it. But really you have to do what is best for you and your bills.