Disability may be too short

[icecom123]

State: California

I completely tore my right Achilles tendon, received surgery, and got a work status stating I can return to work in 1 month. I applied for state disability, from the correspondence I have received from the State thus far, seems like it will be approved.

But here is my problem...

The ER doc, nurses, and others have made comments that I won't be driving a while. Reason being, it's my driving foot and I will be in a special boot that will make driving dangerous, and generally doctors forbid it (understandably). Looks like I will be in this boot for about another month after I get released to work. The problem I am starting to stress about is, how am I going to get to work if I can't drive? I am worried the Podiatrist will not give me another month so I can drive. I seriously doubt the State will grant me more disability if the doctor is clearing me to work. I know my employer; if I start showing up late or calling in because rides flake on me (and they will since it is a 2 hour commute to my job), they will fire me.

I plan on having a serious conversation with my doctor on my next follow-up, because I feel like I am being setup for failure in this case. I wish the injury was on my left foot, but it wasn't.

I honestly think the disability should last until I can safely drive, but this is an opinion. In the event that the doctor does not want to cooperate, what are my options?

 

[Zigner]

State: California

I completely tore my right Achilles tendon, received surgery, and got a work status stating I can return to work in 1 month. I applied for state disability, from the correspondence I have received from the State thus far, seems like it will be approved.

But here is my problem...

The ER doc, nurses, and others have made comments that I won't be driving a while. Reason being, it's my driving foot and I will be in a special boot that will make driving dangerous, and generally doctors forbid it (understandably). Looks like I will be in this boot for about another month after I get released to work. The problem I am starting to stress about is, how am I going to get to work if I can't drive? I am worried the Podiatrist will not give me another month so I can drive. I seriously doubt the State will grant me more disability if the doctor is clearing me to work. I know my employer; if I start showing up late or calling in because rides flake on me (and they will since it is a 2 hour commute to my job), they will fire me.

I plan on having a serious conversation with my doctor on my next follow-up, because I feel like I am being setup for failure in this case. I wish the injury was on my left foot, but it wasn't.

I honestly think the disability should last until I can safely drive, but this is an opinion. In the event that the doctor does not want to cooperate, what are my options?

Yours really is not a legal question.
If you cannot drive, then you really cannot work...talk to your doctor.

 

[icecom123]

Yours really is not a legal question.
If you cannot drive, then you really cannot work...talk to your doctor.

One would think. I hope I can make this argument to the doctor.

In the event I don't get my return to work date extended, do I have any options negotiating with State disability? And if so, would my employer honor the doctors return to work date or my disability status with the State?

 

[CTU]

One would think. I hope I can make this argument to the doctor.

In the event I don't get my return to work date extended, do I have any options negotiating with State disability? And if so, would my employer honor the doctors return to work date or my disability status with the State?

That would be your employer's choice - they do not have to honor your doctor's recommendations.

 

[ecmst12]

It is typical for periods of disability to be approved in increments, starting with the shortest possible time, and then extended from there if needed.

 

[LdiJ]

One would think. I hope I can make this argument to the doctor.

In the event I don't get my return to work date extended, do I have any options negotiating with State disability? And if so, would my employer honor the doctors return to work date or my disability status with the State?

I do not know your circumstances, but is there any way that you could stay with a coworker or friend who lives close to your work for the month or so that you will not be able to drive, but might be considered able to work? Obviously that won't work if you are a single parent with children in your primary custody, but if not, its a possible solution.

 

[commentator]

Simply "I can't drive" is not really a very good reason to be off work. Though some doctors will excuse you from work for the whole time that you have your cast on. From what you're saying, you're off work for a month.

It is totally possible you're going to be able to drive when that month is over. I,when I had a ruptured Achilles tendon, found it was terribly monotonous to be stuck at home even though I had a medical excuse. I wore the cast for six weeks, incidentally.

I simply stuck my casted right leg over onto the passenger side and successfully drove with my left foot. I'm aware many people can't do this, but really unless you are required to drive on the job, you may not get a huge amount of sympathy if your inability to drive extends beyond a month. Surely by then we'd only be talking about a couple of weeks of needing rides or to make special arrangements.

if you are unable to convince your doctor to extend your medical leave to excuse you, and convince the state to pay disability(and boy, are you lucky that you live in a state that has disability, many do not!) and convince your employer not to fire you because you can't get to work (after your FMLA has run out) then you must try to work creatively to make other arrangements.

Perhaps you could stay in a short term rental closer to your job during the week and have Uber rides to work. Perhaps you could work out with your employer to telecommute or come in on a more part time basis. You may end up having to get rides and just take the chance about your employer firing you for sketchy attendance, since this is better than quitting because you can't drive anymore.

Talk to your employer, and make sure they would want you on the premises and that you will be able to do your regular job while in a cast. Employers don't always like things like this in the workplace. They're painful and tiresome, and some things you will find it very hard to do until the cast is off.

But right now is a little early to get too terribly upset. You've got a month, right? You can't draw disability and be on the job, so during this month you can begin to feel out the situation and work out what's going to happen if you can't return to work after your month is up.

 

[Janke]

Just so you know, this is not a Social Security question which is designed for people who will be unable to work for a year or longer. Your program is California's State Disability which can pay up to 12 months if the doctor says you are unable to work.

But not being able to drive temporarily might not be considered a disability since there are other ways to get to work. You need to look into all the other options available and spend the money, if you have to, in order to get to work, once you are able to perform the job duties.

 

[adjusterjack]

One would think. I hope I can make this argument to the doctor.

In the event I don't get my return to work date extended, do I have any options negotiating with State disability? And if so, would my employer honor the doctors return to work date or my disability status with the State?

If the doctor releases you and the state won't extend your benefits I suggest you find a means of transportation to and from work, whatever it might be.

One option is to see if your city has Dial-A-Ride.

For a modest cost you get door to door transportation.