Stage IV and LTD

[crazylife]

Got a complicated one for all of you....

My husband was diagnosed with stage iv in November and told his job was being eliminated a week later. They've kept him on the "books" while he collects STD but told him once LTD kicks in then he will be terminated. Our oncologist is a bit hesitant to sign off on LTD right now because he is doing so well with chemo and is close to NED. My issue is with all of the side effects he is facing how can he possibly look for a new job right now? He has chemo brain, extreme exhaustion, nueropathy and it gets worse after each treatment (he is at #7). His career is very demanding and requires 24/7 support at times.

She did agree to sign off on LTD until chemo is over, but doesn't seem beyond that. I just don't think he will be up to looking for a job until at least a few months after chemo is over. And that is assuming he stays NED. Shouldn't she sign off on LTD indefinitely with stage IV or at least until he proves NED for awhile? I know we can apply for SSD but it pays substantially less than the LTD plan.

Thanks!

[elise]

My experience is that he'll need a few months after to get some energy back. I was able to return to my very demanding work after my first set of chemo (about 3-4 months after I finished) but have not been able to return since the second set of chemo. The side effects are just too great in my case. Everyone is different, he'll have to see how he feels.

Elise

[WriterGirl1969]

Got a complicated one for all of you....
My husband was diagnosed with stage iv in November and told his job was being eliminated a week later. They've kept him on the "books" while he collects STD but told him once LTD kicks in then he will be terminated.

Ugh, so sorry to hear you have to go through this at the same time you are already going through so much.
The only suggestion I could think of is, what about FMLA? I have recently taken a class on it through my own work (which is government, so they are big on this stuff), and you *can't* be terminated while on it. So if you can sign up for FMLA while on short-term disability, it might restrict the employer from being able to terminate the job for 12 weeks.

It's not much as suggestions go, but I thought I'd toss it out there anyway. I will keep you and your husband both in prayer, that a door will open for you both so that you don't have to have this added worry.

--Tracy

[crazylife]

Thank you! Your prayers are appreciated. He already maxed out FMLA from the initial surgery and chemo. Yes, it really does complicate things!

[WriterGirl1969]

Thank you! Your prayers are appreciated. He already maxed out FMLA from the initial surgery and chemo. Yes, it really does complicate things!

It seems wrong that they can even do that. I went surfing (you've probably done this already too, but just in case...) and found some info that may be helpful (site below). The most important part was the section that said When The Can and When They Cannot fire you near the bottom. I noted that the Cannot section included an "whether or not you are still on FMLA" line, so maybe that applies to your situation. Either way, it may be worth talking with an Employment Attorney. Maybe they can provide some helpful suggestions if nothing else. I sincerely hope that you find some relief with all of this.

http://www.nolo.com/legal-encyclopedia/ ... ility.html

--Tracy

[BrianMc7]

Stage 4 and the oncologist won't sign for LTD? That's messed up considering that SSDI fast tracks Stage 4's.

Brian

[ktwmn]

Everyone is different. I am on chemo # 18 in this set (over 36 so far in my life) and have continued to work full time, go to the gym, stay active. Others find chemo really debilitating and need to take disability. SSDI have called me a number of times and they asked whether I am able to work and for me the answer is yes, so I am not eligible. Also, realistically, I cannot afford to go on SSDI because I live alone and it will not cover nearly enough to pay my monthly bills, let alone medical costs (which last year was over $7000 out of pocket). However, if he or she has a partner working full time one person can afford to go on SSDI or other types of disability.

[OrchardWriting]

Seems like a fairly obtuse oncologist. Not sure why s/he would be so indifferent, but perhaps you could get something of a second opinion?

[crazylife]

He plans to go back to work once the chemo effects wear off. Right now, it's kicking his ass. We wrote her a note again explaining the situation and we will see what she says.

[elise]

Other thing is that his GP might be better at giving all the info. My onc had his head in the sand about a lot of my ongoing issues post-chemo but my GP was well aware of how difficult they were to deal with despite trying everything.

Elise