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Short Term Disability Denied

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lynndee43

Junior Member
What is the name of your state? North Carolina
My husband was out of work for 8 weeks for work-related stress,approved by our family physician. During this time, he had a chronic condition to worsen dramatically (Irritable Bowel Syndrome). So during those 8 weeks, he was seeing a psychiatrist for stress in addition to being seen by our family physician for the worsened IBS. Workmans' Compensation was denied early in the process, so we persued short-term compensation. Two weeks prior to the date that my husband was approved to return to work, his disability case nurse told him that his family physician's approval would cover only the 1st week of the 8 week period; the psychiatrist would be responsible for approving the remaining 7 weeks. Both the doctor and psychiatrist filled out the disability forms provided by my husband's employer, but as of last week, the disability compensation has been denied. My husband is back at work now, but he's not getting paid for the 8 weeks of doctor-approved work leave. Something about this doesn't add up for us; we would like to appeal this denial of short-term disability if we have a case. Do you think that we have been as deceived by his employer's disability staff as we feel we have? Do you believe that this would be worth persuing legally, or should he just apply for FMLA and move on? Thanks for your input!What is the name of your state?
 


cbg

I'm a Northern Girl
He should have been on FMLA all this time, and if his employer has any sense he already is.

The fact that a doctor approved the leave does not automatically make it covered by the disability policy. The terms of the policy itself determine what is and is not covered.

You have nothing to lose by appealing but you both need to understand that a doctor's note does not have anywhere near the power most people assume it has.
 

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