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disability insurance

dstevensbobddstevensbob Posts: 18
edited 06/11/2012 - 8:54 AM in Health Insurance Issues
I am still on disability insurance fter about 2 months - finding out this week if I will need surgery - if not, I am going to return to work. How is it handled if I was offered another job at another company while I was out on disability? It is the same type of position but less stress as I don't have to travel 30 miles there and back every day.

If I need surgery, I will probably not be able to accept the new position as I am sure they will not be able to wait.

Thanks so much for your opinions.


  • SpineAZSpineAZ WiscPosts: 1,084
    If you are talking about employer based Short Term Disability (STD) or Long Term Disability (LTD) - these benefits end once you cease employment and take another job.

    If you have a spine problem I strongly encourage you to carefully think about if you should accept a new job. You want an employer that offers generous STD and LTD and also need to understand that usually when new to employment STD/LTD may not be something you are eligible for immediately. My husband's employer offers STD and LTD the first of the month after one year of employment AND the STD/LTD has a 12/12 month pre-ex so it does not cover anything for which you sought treatment, consultation, testing, etc in the 12 months prior to starting with the employer NOR anything for which you sought treatment in the first 12 months of employment.

    If it is STD, when is your claim approved through? What type of surgery do you anticipate? Does your current employer have good STD and LTD should you need to be out of work an extended period of time?
    2 ACDFs, 2 PCDF, 3 LIFs; Rt TKR; Rt thumb fusion ; Lt thumb arthroplasty; Ehlers Danlos 
  • I am approved through July - appt with neurosurgeon in two days - don't know what to expect. I know about the one year wait for STD/LTD but what about the HIPA rule regarding pre-ex for my insurance to cover any surgery?
    My guess is I will not need surgery, can go back to work and then quit. I will need to give my two weeks notice but at least I am doing the right thing. I think I may be able to put off any surgery for a while - all I have heard about surgery anyway is nightmares of it being worse after the fact.

  • SpineAZSpineAZ WiscPosts: 1,084
    HIPAA does apply to medical insurance. It basically says that if you go from one employer with group medical insurance to another employer with group medical insurance with a gap of no more than 62 days there is no health insurance pre-ex (Also can be applied going from individual creditable insurance to employer insurance).


    HIPAA does not apply to STD or LTD

    However, an employer can say that medical insurance doesn't begin until you have 3-6-9 months of employment. Many people cover this with COBRA but that is expensive.

    Even if an employer does give you medical insurance on day 1, and you have a gap of no more than 62 days, the issue becomes is a new employer going to allow extensive time off for illness/injury. In addition, it takes one year of full time employment to be eligible for FMLA which is 12 weeks of job protection (can be unpaid, paid, or run concurrently with STD).

    The risk is also expected vs actual. You go to a new employer and the doctor says you need 3 wk to recover from the proposed surgery. The new employer says "yes, we understand and we'll hold your job". If there are surgical complications or recovery complications or changes at the employer there is NO job protection. If the 3 weeks turns into 3 months the new employer is under no obligation to cover you.

    I did have an ACDF in May 2006 and change jobs in August 2006. By then I felt sufficiently recovered AND had a friend at the new employer who confirmed there was no Pre Ex in the STD and LTD and medical insurance started on day 1 of employment.

    An employer will wonder why you need immediate time off for surgery unless it is an emergency/unexpected.

    Why not stay on your current benefits and have the procedure needed? Do you have a solid job offer that you want to accept? Can you then put off the surgery for up to a year if needed for medical insurance and STD/LTD coverage?
    2 ACDFs, 2 PCDF, 3 LIFs; Rt TKR; Rt thumb fusion ; Lt thumb arthroplasty; Ehlers Danlos 
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