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Old 11-18-2015, 08:26 AM
 
Location: Maryland Eastern Shore
969 posts, read 2,851,610 times
Reputation: 935

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60 year old man (typical high blood pressure - type 2 diabetic - otherwise "healthy") - worked at same small (less than 5 employee) manufacturing company for over 10 years. Has health insurance through work with high deductible. Has developed extreme neck pain that has been treated with physical therapy - pain management procedures - medication and now surgery is being discussed. There is no such thing as "light duty work" there. Work involves lifting cans and placing them in boxes (40 lbs.) - filling and lifting pails (50lbs.) most of the day. He is in pretty much constant pain - but he needs to keep working.
Surgeon when asked said that the surgery (of course) comes with risks (fusing certain disks) but the sure thing is that after surgery - and even after 2 or 3 MONTHS of recovery - he won't be able to twist and lift (in other words - he won't be able to do his job) -
I understand that a person can't be "fired" for becoming disabled - but they can't keep an employee who can't do the job he was hired to do - there isn't a large enough workforce to "fill in" - and there aren't any other "tasks" he could be assigned.

Any idea where to go from here?

If he loses his job - he loses the health insurance that would pay for follow-up care for the surgery and his other conditions (never mind the income)

As he continues to work - his neck is not healing itself.

Catch 22 - anyone with a similar experience or advise?
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Old 11-18-2015, 10:06 AM
 
Location: Denver CO
24,204 posts, read 19,196,880 times
Reputation: 38266
He needs to look into getting disability. Private if his company has it, SSDI if they don't. My guess is that he doesn't have the skillset to find another job that will not involve the kind of manual work he currently does.

And yes, he can lose his job if he can longer perform the essential functions of the position.
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Old 11-18-2015, 10:16 AM
 
Location: Maryland Eastern Shore
969 posts, read 2,851,610 times
Reputation: 935
Quote:
Originally Posted by emm74 View Post
He needs to look into getting disability. Private if his company has it, SSDI if they don't. My guess is that he doesn't have the skillset to find another job that will not involve the kind of manual work he currently does.

And yes, he can lose his job if he can longer perform the essential functions of the position.
How does one start the SSDI process? How long does it take? He is currently working full time - and I can't see doing the surgery if you remain (potentially) just as disabled.

He wants to be fair to the employer as well - so how does one start?

Warn the employer with a month notice that he will be getting doctor's notes that say he can no longer "safely" work at his current position - and be cut loose immediately?

Offer to work "supervising/training" his replacement while starting the disability process (saying the employer even allows that)?

How does it start?
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Old 11-18-2015, 10:19 AM
 
Location: Maryland Eastern Shore
969 posts, read 2,851,610 times
Reputation: 935
Quote:
Originally Posted by emm74 View Post
My guess is that he doesn't have the skillset to find another job that will not involve the kind of manual work he currently does.

.
I also doubt that too many people are hiring people of his age and medical issues.
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Old 11-18-2015, 10:49 AM
 
35,309 posts, read 52,284,151 times
Reputation: 30999
His continued employment might be a blessing in disguise as quitting the job will have him sitting around all day doing nothing but gaining weight and further aggravating his medical issues.
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Old 11-18-2015, 11:03 AM
 
Location: Maryland Eastern Shore
969 posts, read 2,851,610 times
Reputation: 935
Unfortunately - his ABILITY to continue to work is diminishing - the compressed vertebrate (sp) in his neck are causing pain and weakness that will only get worse. If he was 64.5 things would be much simpler.
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Old 11-18-2015, 11:48 AM
 
Location: Eureka CA
9,519 posts, read 14,739,463 times
Reputation: 15068
He can collect Social Security at 62 if he needs it.
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Old 11-18-2015, 11:55 AM
 
Location: Jollyville, TX
5,865 posts, read 11,920,390 times
Reputation: 10902
I think the best he can do is ask them if he can go out on unpaid leave while he recovers. Perhaps they can bring in a temp to cover while he's out. If he wants to pursue the SSDI route, he should see a lawyer to help him through that process.
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Old 11-18-2015, 03:42 PM
 
2,563 posts, read 3,681,436 times
Reputation: 3573
It seems like there are three ways to go. (1) Workers Compensation, if the injury is the result of work activity. (2) Applying for SSDI, or (3) continuing to work.

For workers comp, he should probably talk to an attorney. For SSDI? You get nowhere if you're still working. Nowhere. An attorney specializing in SSDI law can fill him in. Continuing to work? That, too, sounds problematic.
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Old 11-18-2015, 08:53 PM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,550 posts, read 81,117,303 times
Reputation: 57750
I have been through that twice over the years, though with younger people in office work. Both passed away, eventually, but after sick leave was exhausted they went onto leave without pay and state disability, and we had to hire temps to cover the work, for as long as 17 months. We could only replace them after they died. When the person cannot do their job, and their is no light duty available, disability insurance is there for this purpose.
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