DISABILITY and WORKING: Making the Systems Work For You

DISABILITY and WORKING: Making the Systemsbut those of thousands of your new best friends in
Work For Youby: Carolyn Magurayour exact circumstances! And, as you ask questions
In a previous article, we discussed the JAN - the Joband receive answers, you will also be helping others
Accommodation Network, and just how valuable alike yourself. So, y'all unshy people, ask and answer
resource that link is to those of us who are disabled,away!)
yet still working.Ø MY SITUATION: 1) I decided that I still had
Alsoin that article, we left me as the VP-HR for ansomething to offer to my company, in a lesser position;
entire Ship Repair Yard. As you can probably imagine,2) I wanted to go on LTD yet still work; 3) I wanted to
my job description was very extensive. For example,maintain my pay, if I could figure out how to do it; 4) I
consider the following.wanted to keep my health insurance and other
Ø I was responsible for, and/or did all the work forbenefits (like vacation and sick leave) benefits. THIS
Employee Relations; Labor Relations; compensation;BECAME MY GOAL.
benefits; Workers Compensation (averaging 300-400Ø MY RESULTS: As a result of using this
incidents per year). We had a Training Center, on siteprocess, I was successful in working through my LTD
that was my responsibility. I also personally handled allelimination period of 6 months (180 days) and 1 year on
of the Employment litigation. This meant representingLTD for my own occupation for a year, at a lesser
the Shipyard in court and other legal/labor proceedings.job, at full pay, while maintaining my health insurance
Ø Each day was crammed full of meetings, crises,and other company benefits.
activities, etc.Step #4: List the questions you need to answer in
Ø The job required extensive patience,support of your goal, and answer them by researching
experience, maturity, tact, expertise, and the ability toyour previously gathered documentation.
remain calm in the middle of multiple crises.Ø I started with goal #2 first, because I needed to
So, I received the conclusive diagnosis, and, probablyknow what "triggered" my LTD. It may not surprise
like you, I thought I could still do my job. The day I knewyou, but it REALLY surprised me that what triggered
that I had to cut back will remain always in my mind: ILTD eligibility wasn't having a disabling disease/condition
had a Craft Manager (Painters) and his Union Businessor accident, but a pay cut specifically caused by
Agent and Shop Steward in my office, very agitated; Isymptom impairment of that disease/condition or
had the Safety Director and an employee out in theaccident on my ability to perform the essential duties
hallway; I had the Executive VP for Production on myof my job! Once I knew this, it made sense, as LTD is
cell phone; and I had the Owner on my land linean insurance policy; its purpose is to augment pay lost
(phone). All were talking (yelling) at me at once. Now,due a "pay-impacting disability"! DUH! Now all I had to
this was typical, but for the first time I froze; I could notdo is figure out just how much of a pay cut triggered
multi-task effectively to provide the customer servicethe eligibility.
to all of these clients in the manner that they deserved.Ø In my case, it was a 20% pay cut. BUT, I also
My vision left (big black holes in my right eye; "heatdiscovered that my LTD had a 180 day "Elimination
waves" in my left - Optic Neuritis); my MS hadperiod" that I would need to fulfill before being eligible to
reached the stage that I was too tired and tooreceive any money from my LTD insurance. Also,
befuddled to effectively manage the work.since my LTD insurance paid 60% of my base pay, if I
So, what was I to do? Now remember, even w-a-ywanted my pay to continue at 100%, I needed to figure
back then I was an Expert Patient; a Chronic Diseaseout how to get the 40% back while on LTD.
Self-Manager; and practiced Patient-Oriented healthØ As for goal #4, I read in my Employee
care with my Doctors. It is probably not a surprise toHandbook that I had to keep working at least 32 hours
you that I also was a very collaborative Executive withper week to retain eligibility for my company's health
my fellow Ship Repair Yard Executives, including theinsurance plan.
Owner. I knew that he would work with me to comeØ For goal #3, if I was only going to work for 32
up with a plan to allow me to continue working to thehours, and going to 32 hours per week equated to a
full extent of my capabilities, but I NEEDED TO20% pay cut! BUT, as I wanted to retain my pay, I had
ACCEPT AND TAKE FULL RESPONSIBILITY forto figure out how to get income for the other 8 hours
describing WHAT that looked like, HOW that wouldper week.
happen, WHO needed to do what, WHEN all stepsØ So, if you are paying attention, I needed to work
needed to happen, and HOW to ensure that themy own job for 180 days (six months) for 32 hours; I
process followed all relevant federal, state, local laws,needed documentation that what caused me to take
company policy, vendor regulations, etc.this action was my condition's symptom impairments; I
Sounds like a big job, doesn't it? Well, looking back, itneeded to figure out how to "earn back" income for
was. But, in the moment, at the time, I did what Ithe additional 8 hours per week; and, I needed to figure
recommend that you do as you begin the process. DOout what job(s) I could go to after my LTD elimination
NOT think of the entire process; focus on the endperiod for 60% of my base pay paid by LTD
result, always keep it in mind, but set up a plan, stick toinsurance, and what I could do in partnership with my
the plan, and take things one step at a time. (Just thecompany that would pay me the additional 40% of my
way one eats an elephant - one bite at a time!)base pay to get it back up to 100%.
AND, you get a big advantage over what I was facing!Ø First of all, it WAS NOT EASY AT ALL to
I've been there before you; I faced the problem,literally wring information out of my LTD insurance
worked out the following process, and have beenCarrier! When I started asking them questions, their first
blessed with the ability to share it with you. Hopefully,reaction was why would I want to continue to work?
you too will be successful with your own journey.No one ever had before, why should I? It took me
The Journey From Working Full Time to Working Withabout a month to go through enough folks to get the
a Disability.[1] (Note: this blog is only describing the stepsanswers to my questions, but it should not be a shock
in the process. For greater detail and copies of theto y'all that I prevailed. Here's what I learned.
documents in the process, they, and the actual1. My specific LTD plan said that I could earn income
examples I used, can be found at the website, in theduring the elimination period, and for the first year of
Disabilitykey Workbook.)coverage, as long as the amount earned, added to the
Step #1: Know where you are going, and begin yourLTD amount, did NOT EXCEED the amount of my full
journey in enough time to keep control over thepay prior to triggering LTD.
process of getting there!2. The 20% pay cut action that triggered my LTD was
Ø Recognize that the end goal is to create afor actual "work" pay; it did not cover sick and
process that will be a "win-win" for both you and yourvacation pay. So, I worked it out with my company[2]
company. The goal for the company is to retain you, athat I was going to keep my current job and pay
valuable employee, and your knowledges, skills andduring the 180 day LTD elimination period. Each week I
abilities. Define this goal for yourself; do you want to gowould get a check cut from payroll for 32 hours
on LTD (long term disability); do you want to retain"worked". I then would get a check for 8 hours of sick
your income at a level amount; what do you want?and/or vacation pay. The 2 together kept my pay
Ø Start this process early enough so that youwhole; the process complied with my LTD
retain control over your future, as I did. Do NOT waitrequirements, and met my stated goals. (As an aside,
until your supervisor comes to you and says that youthis is another reason why it is a good idea to keep a
have a problem - you aren't getting your work done,"bank" of useable sick and vacation pay. Also, my
etc. At that time, you have already lost control,timing was such that my 180 days covered 2 different
because your supervisor would have talked to yourcalendar years, and our company had the policy of
Human Resources Department, and they would have"granting" all vacation time at the beginning of each
attempted to set up a plan for you. Now, not to soundcalendar year. This was how I was able to use the 28
too paranoid, but in my experience, most HR folks aredays of combination sick and vacation time to
woefully deficient in knowing what to do in theseaugment my work pay and keep my "total" pay
circumstances (yes, I know, another challenge for mecomplete.)
to accept, and I do have plans to address this3. At the end of the 180 day elimination period, I
situation); and, any plan that they would/could come upaccepted another job that my company, my doctors,
with probably would not benefit you as well as thethe LTD insurance company and I agreed that I could
company.perform.[3] Again, keeping my end goals in mind, and
Ø DO NOT TALK to your supervisor or to Humanknowing that my LTD insurance would pay me 60%
Resources until after you have developed your plan.of my base pay, and I wanted to continue to earn
Step #2: Gather up all relevant documents.benefits, I negotiated a position that would allow me to
Ø Collect all copies of your benefit Summary Planwork for 32 hours a week, in a contributing capacity,
Descriptions (SPD).that paid 40% of my base pay. As you can probably
Ø Get a copy of your Company's Employeesee, this arrangement was GREAT for both me and
Handbook.for my company.
Ø Get your Job Description. Also, go to yourWell, folks, this had again been a long blog, but I hope
Human Resources department, and see if you can getthat it will be helpful for you. GOOD LUCK!!!
copies of other job descriptions for jobs other than[1] Note: This process does NOT cover working while
your own that you believe that you might be able toon SSDI, nor does it cover going back to work FROM
do, in spite of your condition's symptom impairments.SSDI coverage. If there is interest in those processes,
Ø Access the JAN website and print out thelet me know and I'll create them for you.
information about your specific condition. Look[2] Actually, I did an entire proposal for my Company
particularly at the examples other companies haveafter I did all of the research, and had all of the
made as reasonable accommodations for employeesanswers. It included my goals, what I had learned, the
with symptom impairments similar to yours. It issteps I needed to take, what Jobs I thought I could do,
important to do some research here. Look atthe entire kit and caboodle as my kids would say.
conditions similar to yours, and the symptomAgain, it is this "Expert Patient", being in control, doing
impairments for those conditions. Continue to researchthe work ahead of time that got and keeps getting me
until you find just what matches YOUR specificresults!
situation.[3] Again, the process of working with your Doctors
Step #3: Specifically, set your goal.and completing what is called a Residual Functional
Ø It is easier in the following steps to have anCapacity analysis and all that this entails to first qualify
actual example to work with, so I will use my own.for LTD, and, next, to qualify for a job you, your
(NOTE: as you begin your process and havecompany, your doctors and the LTD company are OK
questions, remember that you can ask them as awith is covered in great detail in the Disabilitykey
comment to this blog and get not only my response,Workbook.