Posted on 04/16/2018 1:05:56 AM PDT by Washi
I have questions concerning short and long term disability, life insurance and employment.
The questions will require a lot of set-up and will contain a lot of personal information. If you don't feel like reading to the end and providing your best guest as to serious answers, please don't feel pressured to stick around.
I have cancer.
Back in the fall of 2016, I was diagnosed with stage IV kidney cancer; by that time, the initial tumor was 14cm long, and 7cm in both height and width, and other tumors had spread to my femurs, pelvic bone and spine.
During the surgeries to remove the kidney and spinal tumor, I went on short term disability with my employer.
After that, because my job allowed me to perform my duties remotely, I was allowed, by my gracious employer, to work from home, full time.
"Working from home" is great if you're allowed, but it ain't no picnic.
As time goes by, it is harder and harder to get the motivation to spend eight hours a day to perform work related tasks, while also dealing with family issues, deteriorating health, endless doctor's appointments, etc.
Keep in mind that cancer, especially to bones is extremely painful. My pain medications, when properly controlling my pain, make me very fatigued, drowsy, and make it hard to concentrate.
In May of 2017, my doctors told me that my pelvic and left femur bone tumors had become so bad that they presented a fracture risk in that area. So my left hip and femur bones were rebuilt with surgical bone cement and metal rods.
Since that surgery, I've never really been as mobile on my left side as I feel I should be. Additionally I now have innumerable, small tumors in my lungs and another tumor on my lumbar spine that is, again, likely compressing my spine and causing new, severe, nerve pain from my left hip on down.
I'm typing this from my hospital bed where my doctors are attempting to treat me for the spinal compression issue I described above. Two of my doctors were finally kind enough to give me prognoses just a couple of days ago, in hospital.
The neurosurgeon guessed six months. The radiation oncologist guess two to twelve months. I'm guessing I have more time than that, but, Damn it, Jim, I'm a software engineer.
I don't think I can, or want to, work, even from home any longer. However, I am the sole bread-winner and provider for two adult sons, a preteen son, and my stay at home wife.
In my head, I see myself going on short-term disability at work for as long as I can and then moving to long-term disability for as long as that is allowed, and hopefully dying from the cancer while I am still considered "employed" and my wife can collect my life insurance.
Is that even a possible scenario?
Can my wife collect my life insurance benefits if I'm on Long-term disability?
I'd like to ask the H.R. officer at work how it all works, but am worried that If he/she and my employer learn of my intentions, to try and collect on all of these benefits, they will try to cut their losses by firing me for some other "cause".
I thank you in advance.
washi
Sorry to hear, sent you a mail.
Sorry to hear about your cancer.
If you really need the money now, you could look into “reverse life insurance.” Basically sell your insurance policy(ies) for cash now and then when you die, the person you sell the policy now collects. As I understand, term life insurance (such as the type your employer provides) is eligible as well as whole life.
Bear in mind, I wouldn’t suggest that option unless you are desperate for money (for example, they’re going to take your house from you because of medical bills that aren’t being covered by your medical insurance). The reason being, that this is an insurance version of a “payday loan” — you won’t get the full cash value of the policy(ies). Your wife will be a lot better off if you can hold off so she can collect from the policies and not go this route. But if you are in a situation where you’re desperate, then this might be something to look into.
If you “Duck Duck Go” the term, you can get plenty of information.
As I understand it from employees who have been on both, short term disability generally pays 60-75% of your income and lasts generally for up to 6 weeks while long term disability pays 40-50% of your income and lasts until you’re 65. Whether or not the benefits are taxable are determined whether the premiums for these benefits are paid for by the employer or with pre-tax dollars or by you with post tax dollars. As for benefits during this period, with short term disability, employees maintain benefits as long as they pay for their portion of them (as they are expected to return to work eventually). As for benefits on long term disability, benefits are only maintained via COBRA (because the employee is not expected to return to the company). Again, that’s what I’ve seen in the past. A lot of that is going to be up to your company’s policies. You really need to have that conversation with the benefits person in your company’s HR department, as each company’s situation is different.
Hope the above helps.
First off, I am so sorry to read of your health and personal challenges. I will only be able to give you the “best guess” idea you mention but it is informed by a brush with disability myself in the loss of a kidney to a benign tumor in 2012.
Short-term disability (STD) and long-term disability (LTD) are structured on similar concepts that have different outcomes. STD anticipates the person would return to work at some point and has time criteria within the policy. Each policy is different so specifics are going to have to come from your benefits coordinator in HR. STD typically has a short early qualification window (mine is 2 weeks) before it becomes effective. STD will have a relatively short run (maybe 6 months??) before they would require medical input on status/prognosis.
At that point, transition to LTD begins if there is no definitive return to work anticipated. Both STD & LTD pay a percentage of wages, based on the premium paid and policy offered. With a determination of LTD, you would also be pointed toward Social Security for additional disability payments that may be available. This scenario would also end your employment and any employer-connected life insurance coverage. It may be possible to convert that coverage to private pay and your HR benefits coordinator has that answer.
One caveat here - based on what you have shared in this post, it’s a strong possibility you would never be placed on STD and would proceed directly to LTD. That decision would relate to the policy requirements and only the HR person is going to be able to inform you on that.
Another challenge to staying employed may be the amount of sick leave you have with your employer. This is another area of inquiry with HR as they may have sick leave sharing available from other employees who would volunteer time from their sick leave bank for you. As to being released from employment for reasons contrived to avoid benefit payments, there may be legal issues to consider and only a lawyer can help there as each state is different.
Your qualified survivors could be eligible for Social Security. This could include the pre-teen son and wife. You didn’t provide info on why the adult sons are dependent on you so I won’t speculate on their status. Lots of info available on the SSA website, including personalized info after registering with them. Specific data on your earnings history and potential benefits are in the personalized website.
Hope you’ve found this somewhat helpful/informative. I’m sure other FReepers will be along with more detailed responses and some may even take issue with what I’ve posted. It is a certainty that the only definitive answers will be at the HR office. Best wishes and prayers for you and your family - Godspeed!
I have no advice or experience as to insurance but prayers have been sent for you and your family.
Saddened to hear of your cancer. It is terrible. Please do not let anyone tell you it is the new normal. There is nothing normal about it! I lost my dear husband to omental cancer 6 years ago. I will never get over it but I know he is in peace!
We were able to collect 1/2 of his life insurance just because of his prognosis. Long term disability from work and social security disability very quickly. Another thing you might try is unclaimed property search in any state you have ever lived in. It is free and I have actually found life insurance money that was never claimed for family members.
Keep in mind everyone of us are living with a death sentence and many without cancer will die before you do. It doesn’t matter because we are going to a much better place where there will be no pain! Although I hated hospice before they actually helped the little time we were home because meds and supplies are free. If you need to go into the hospital you can rescind their services which I did several times when I thought they overstepped their limits with me.
Thank you for sharing your story.
I will pray for you and your family. The Lord is good!
I recommend you speak with an attorney right now, if you are worried about your employer. If you notify your company HR that you think you are terminal, and you think you will need to transition to disability, and they attempt to fire you, having a lawyer immediately call them should fix the attempt.
I was at the 1998 March for Justice, one of the highlights of my life.
“I’d like to ask the H.R. officer at work how it all works, but am worried ...”
Having worked in HR, I can say this: Don’t trust HR to work with you if it means having them working against the organization and its bottom line. HR exists to protect management. Period.
If possible, find a labor attorney who can be your liaison between you and the company.
OTOH, your company does sound like they can be reasonable, allowing you the flexibility to work from home. With that in mind, I’d find an attorney who isn’t in-your-face confrontational when working with the company. Strong but subtle.
(Is it possible to have your adult children be independent so that burden can be lifted from you, and alleviate some of that concern?)
Every case is different. This is just my opinion.
Find and hire an independent insurance adviser or attorney who specializes in the field. They will be able to give you reliable and confidential advice.
Hopefully you still have some vacation time set away. Ask to take short term disability with four hours of vacation time to supplement your benefit every pay period. This will help keep you on their payroll officially.
You actually have the right to “COBRA” (self pay) your benefits plan for over a year to continue coverage after separation from your employer. Health and life insurance, but you will have to pay for the employer portion as well as the employee portion. It is expensive but it will continue your policies in force. TALK TO AN ATTOURNEY
Human Resources Manager manages human resources.
Resources=tools and materials(inanimate objects, property, commodities to be traded....)
My prayers brother....
I can’t offer advice on the HR part of this but I will keep you and your family in my prayers that this is resolved.
It’s long and tricky. Best suggestion is don’t try and work part time, don’t try and work remotely. If you’re sick you are sick and don’t feel guilty about it one iota. Don’t take any legal advice from your HR department. They don’t represent you.
In order to go on disability you *have* to stop working. <- period. You will never get approved while working so you can’t plan on going on disability and working until you get it. It’s simply not going to happen.
Get a lawyer. So many ways to screw these up.
Sorry for this ordeal. Most life policies have a terminal illness clause that allows you to collect the vast majority of your death benefit before you pass. This sounds like you are describing group life through work so, hopefully, it has the same clause.
Your qualified survivors could be eligible for Social Security. This could include the pre-teen son and wife. You didn’t provide info on why the adult sons are dependent on you so I won’t speculate on their status. Lots of info available on the SSA website, including personalized info after registering with them. Specific data on your earnings history and potential benefits are in the personalized website.
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I would not stop your quest at Social Security. I personally did not find them the slightest bit helpful during the last part of my husband’s life or at his death.
Find the social services people in your area.Do not delay. Having two adult sons who cannot work (?), a wife who is unprepared to work and an underage son should challenge them to get you help. Your wife may have to get training to find a job, the underage son should get some amount of support from SS and I doubt your older kids will get much help unless they have severe mental and physical problems.
Do not delay. Get your wife to help you call and set up appointments...I really think some of those people may go to your house as you are less able to get to them.
I pray for you and your family.
Ah Washi, I am so sorry. We had to go thru this when my husband was diagnosed with melanoma (which he survived, thank you, God). We were surprised to find out our bank provides what some people call ‘wealth mgmt services’. They may require that you have a minimum net worth, but at the very least they may help you find someone. Our advisor has told us about terminally ill and disabled clients they help and how they advise about insurance needs. And, for the most part, the services are free. At the very least, ASK.
God’s peace to you and His speed in finding the right answers you need to protect your family.
“In my head, I see myself going on short-term disability at work for as long as I can and then moving to long-term disability for as long as that is allowed, and hopefully dying from the cancer while I am still considered “employed” and my wife can collect my life insurance.”.......Is that even a possible scenario?”
Somewhere around your company is/are a booklet/booklets describing your company’s benefit plans. Get some friend at work to acquire them for you. A careful reading of the plans’ descriptions/outlines/terms should reveal if the life insurance benefit continues, or not, while you are on disability.
If you were able to obtain them in PDF form (or any computerized form), I’d be happy to take a look at them for you (worked for years with a pension and insurance benefit outfit).
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