Disability question - NY

New York

I am currently out on STD, which is paid by my work and insurance 100%. This is ending in less than 2 weeks, and I am still unable to work. I have Chronic Fatigue Syndrome, and some days I can't get out of the house, others I can do some errands. I am able to be paid a small amount for another 3 months, but this amount is not sufficient to live on. I believe my benefits include Long Term Disability, which should be covered fully. Before giving me any information about this, my Director wants me to write a letter stating my abilities, I have suggested to her that I may be able to work part-time. It makes me nervous to put something in writing, before I even know what my options are. Please advise; what is the usual procedure for this and waiting periods? I'm wondering if it will affect me to go back to work part-time or full time (which is unrealistic). Thank you.

M

Why do you think it is unreasonable for your director to want to know what you are capable of? Particularly if you are suggesting that you return to work on a part time basis?

I guess it's hard to explain in a letter what I can and cannot do, and I don't want it to be interpreted the wrong way. I don't even know from day to day what my abilities will be. Some days I cannot leave the house, others are slightly better.

Then ask your doctor for help. But I don't see anything unreasonable in the request.

BTW, I have had employees with Chronic Fatigue Syndrome so I'm not just talking out of my hat.

I agree with cbg that there is nothing unreasonable by the request but I also understand your hesitation.

Definitely have your doctor write a letter outlining your disability and your restrictions.
Keeping a daily diary may help you put together a list of what you can and can't do - perhaps even give examples of what a typical week for you is like. For example: "In a typical week I am in bed and unable to do any activity other than get something to eat or use the bathroom X days. I am able to do light chores (list the chores) X days. I am able to do more active chores (list the chores) X days”. That should give your employer an idea of what you are capable of during a one week time. They can then extrapolate that into what you may be able to do on the job.

If they need more detailed from that you might tell them it is hard for you to "guess” - but work with them.

They may recommend you file for LTD if they feel you are too limited to even work part-time but if you want to work part-time, see what accommodations they can make for you.

Best wishes.