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Bruce- You probably are right from a practical standpoint but if Karen doesn't get cooperation from her employer re the LTD filing I think it is worth a try with an attorney. The real question is are they discriminating against her because of her disability or would she be losing her job anyway because of legitimate cutbacks. My condolences on your son wanting to go to law school. With any luck he'll turn out OK- and not practice law and do something honest and upstanding like selling used cars- Just kidding all you attorneys out there (sort of). Charlie Bruce Anderson wrote: > Charlie, I forgot the number but > > I just remembered reporting here reading that the ADA is basically a useless > law because of the excessive # of yrs. It takes to resolve issues, just like > the EEOC. Karen should be made aware of that. > > Also, i don't know why, but anohr Listmember who sold LTD policies as a > carreer, emphat ically told me not to involve an attorney in an initial LTD > claim. Maybe it goes to a different [slower] depatment, who knows. i did > call one who was recommended to me before i filled, though. All the sweetie > told me was that if my claim were denied he would not take the case on a > contingency basis. My college junior want to be a lawyer - he can' help but > impove the breed! > > -----O > > riginal Message----- > From: Charles T. Meyer, M.D. <[log in to unmask]> > To: Bruce Anderson <[log in to unmask]> > Date: Tuesday, April 06, 1999 3:30 PM > Subject: Re: Fw: Re: filing for disabililty (employers LTD benefit) > > >Bruce. > > > >Rereading Karen's letter I do agree with you that she should file for LTD > ASAP > >but I do think she should involve an attorney. There is just too much at > stake. > >Something being mis-worded etc can cost her too much. > > > >And I must really believe what I am saying- It is against the natural > order of > >the world - a doctor recommending someone see a lawyer! > > > >Charlie > > > >Bruce Anderson wrote: > > > >> Charlie, with all due respect, I don't think your questions are relevant > to > >> her question; to an ADA Claim or wrongful dismissal lawsuit perhaps, but > not > >> to a simple LTD claim. I think by laying all these research questions > and > >> wishes of good luck the danger is that she may throw up her hands and > miss > >> out. If Karen has PD and is covered by an LTD policy she needs to walk > into > >> Personnel, fill out the forms with the right words NOW, job or no job. > But > >> since she has been dismissed effective 6/7, certainly prior to that date. > >> Don't talk to a lawyer, research the archives, whatever. Just file for > it. > >> Nothing to lose and everything to gain. Do you disagree with me, > Charlie? > >> -----Original Message----- > >> From: Charles T. Meyer, M.D. <[log in to unmask]> > >> To: [log in to unmask] <[log in to unmask]> > >> Date: Sunday, April 04, 1999 3:02 PM > >> Subject: Re: filing for disabililty (employers LTD benefit) > >> > >> >HI Karen, > >> > > >> >Sorry to hear about your problem. The first place I would go for > >> information > >> >is our Parkinsn Archives. As you can imagine this issue has come up > many > >> times > >> >in various combinations and permutations in the 4 years (god- is it that > >> >long). There are many of us who have gone through battles with > employers, > >> >insurance companies an social security. > >> >some questions: > >> >1. Did your employer know about your PD.? > >> >2. How symptomatic were you? did it effect your job performance? > >> >3. Were others laid off or were you the only one? > >> >4. What is the definition of disability in your LTD policy? > >> >5. What is your insurance company and in what state do you live? > >> >6, Do you have any reason to believe that your PD played a role in the > >> layoff? > >> > > >> >Many of us have gone through LTD and other insurance and employment > >> problems > >> >and I think you have come to the right place for advice and ideas. > >> > > >> >Charlie > >> > > >> > > >> > > >> > > >> >Karen deGraaf wrote: > >> > > >> >> Fellow listserv members: > >> >> > >> >> Fiscal year end, the headache the Feds have placed on > homecare, > >> >> and tightening homecare budgets made even tighter by the Feds make > me a > >> >> fatality of an eliminated position in the healthcare field of > homecare. > >> I > >> >> need your assistance PLEASE. > >> >> I want to file so I can receive the benefit from my employer group > long > >> >> term disability coverage I was given as a benefit upon hire. > >> >> > >> >> What do I need to know so that this process goes smoothly? Is > >> this > >> >> a reasonable option.? I don't want to take advantage of the > organization > >> >> BUT I need some hope for my future income til age 65 also (the benefit > >> >> promise when I was hired in the position). > >> >> > >> >> My facts are : I was diagnosed with PD about one year ago. I > had > >> >> been in my position with this organization since 1997. On Thursday I > >> was > >> >> told my position had been eliminated and therefore was given a small > >> >> severance sum and also told that my benefits would continue until June > >> 30, > >> >> 1999 (that being LTD and life insurance) > >> >> > >> >> Reality is now that I am not employable as a homecare nurse > with > >> >> PD, especially as an administrator due to the stress and long, hard > >> hours, > >> >> the mental agility needed and the focus as well as strength it takes > for > >> >> the day after day crisis; the toll on my health would be sizable. > >> >> > >> >> I have had a career in nursing but mainly in nursing > >> administration > >> >> for 34 years. I can no longer do what I once could do; but I don't > have > >> >> limitations to my activities of daily living. > >> >> > >> >> How is the best way to follow thru on this process of filing > for > >> >> disability? > >> >> I'd appreciate any and all comments. I appreciate any resources. > >> >> > >> >> THANKS A BUNCH > >> >> > >> >> ~~~~~~~~~~~~~~~~Karen deGraaf > >> >> > >> >> ~~~~~~~~~~~~~~~~~~~~~~~email: [log in to unmask] > >> > > >> >-- > >> > >*************************************************************************** > >> *************** > >> > > >> >Charles T. Meyer, M.D. > >> >Middleton (Madison), Wisconsin > >> >[log in to unmask] > >> > >*************************************************************************** > >> *************** > > > >-- > >*************************************************************************** > *************** > > > >Charles T. Meyer, M.D. > >Middleton (Madison), Wisconsin > >[log in to unmask] > >*************************************************************************** > *************** > > > > > > > > -- ****************************************************************************************** Charles T. Meyer, M.D. Middleton (Madison), Wisconsin [log in to unmask] ******************************************************************************************